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Joint Employers Under NLRB Law

A. Introduction - Over the last few weeks, there has been a great deal of discussion in the legal media regarding the National Labor Relations Board (NLRB or Board) General Counsel’s (GC) argument to the Board, that...more

Is a LinkedIn Contact List a Trade Secret? Potentially, Yes

As a LinkedIn user, the decision concerning whether to share your entire list of connections with any individual connection can often implicate a number of strategic questions. As of May 2014, LinkedIn boasts 300 million...more

She Liked It. She Really, Really Liked It: Federal District Court Holds Facebook Fan Page Manager Doesn’t Own “Likes”

A federal district court broke new social media law ground in August 2014 when it held in favor of the cable network Black Entertainment Television (BET) in a suit brought by the founder of an unofficial Facebook fan page for...more

#Insurance Coverage for Emerging Social Media Risks

There are 1.3 billion people on Facebook, half a billion “tweets” every day, and countless other ways to communicate that did not even exist five years ago. In response to this social media revolution, smart companies are...more

Social Media Policy: It’s Only As Effective as the Social Media Training That Goes With It

With the rise of the internet and mobile technology, people are broadcasting their opinions and beliefs on social media sites. Twitter was established as an outlet for self expression… of the fewer-than-...more

Business Law Newsletter - July 2014

In This Issue: - Redskins Trademark Cancelled - Q&A with Bean, Kinney & Korman - Knowing When and Why to Maintain Your Trademarks - Tortious Interference in Virginia - Improper Methods...more

Four Reasons Why Employee Social Media Training Is Essential (Hint: It’s Not Just About Compliance!)

And before I forget, let’s make that effective social media training, shall we? Pam Moore wrote this great article “Social Media Policy & Governance: 17 Tips to Mitigate Social Business Risk.” It’s quite insightful and...more

The World Cup: Social Media Training Separates the Winners from the Losers

Did you know that the World Cup is the most watched sporting event in the world? Marketers have been hearing that this World Cup will be “the most social sporting event in history,” and preparing accordingly. (I personally...more

Delaware Court Holds Clickwrap Agreements Enforceable

In a novel question regarding e-commerce, the Delaware Court of Chancery recently held that clickwrap agreements are valid and enforceable contracts. As defined by the court, a clickwrap agreement is “an online agreement that...more

Would Texas Law Support Disgorgement of Payments When Plaintiff’s Daughter Makes Comments On Facebook?

In a case that received national attention, on February 26, 2014, a Florida District Court of Appeal held that a plaintiff’s comments to his daughter regarding a settlement with his former employer and his daughter’s...more

Social Media Training is About Balance: Embrace the Power, Mitigate the Risks

Perhaps you’ve heard of this crazy new thing called “Social Media.” Of course you have. Even your grandmother uses Facebook now, right?...more

Announcing a Job Move on LinkedIn or Facebook - Breach of Contract or Fair Game?

It is always worthwhile to talk about current developments in the area of social media and employment law, and to look back at their contextual import. Much of the fun, however, lies in playing the forecasting game, and...more

Survey Reveals Social Media Training Top Compliance Priority

In The Network’s online survey last month, we asked you which compliance initiatives you would consider a priority in 2014. While there are many compliance issues at hand – code of conduct refresh, social media compliance,...more

NEW YEAR’S RESOLUTION EDITION: As Americans Trudge To The Gym, We Review Trade Secrets Fights In The “New You” Industry

The gyms are packed, the diet cookbooks are flying off the shelves, and smokers are struggling to kick the habit. It’s the resolution season, and surveys say half of the top 10 most popular new year’s goals aim for better...more

Ownership of Business-Related Social Media Accounts

Social media platforms have become an increasingly important means for companies to build and manage their brands and to interact with their customers, in many cases eclipsing companies’ traditional “.com” websites. Social...more

"Solicitation" In the Era of Social Media Remains Unsettled

Last month, in KNF&T v. Muller (October 2013), the Massachusetts Superior Court found that a LinkedIn update regarding an employee's new job was not a solicitation of business in violation of her non-competition agreement,...more

Litigation Update – The Electronic Loss of Privilege

The art of communication has changed considerably over the past few years. Rather than in-person or telephonic, the majority of communications in today’s business world are electronically transmitted. Likewise, professional...more

Preventing Exchange Act Reporting Obligations After The JOBS Act

In General - Growing companies need to be aware of the requirements of Section 12(g) of the Exchange Act. If the thresholds of Section 12(g) are crossed, which look principally to the number of shareholders, the...more

Is Your ADR Clause Enforceable?

A number of recent court decisions have addressed the enforceability of contract clauses that call for alternative dispute resolution procedures instead of traditional courtroom litigation. ...more

Unrealized Gains: Integrated Employment Agreement Bars Employee's Recovery of Additional Compensation

In Volpe v. Interpublic Group of Companies, Inc., No. 652308/2012, Judge Eileen Bransten granted defendant The Interpublic Group of Companies, Inc.’s (“IPG”) motion to dismiss plaintiff Ray Volpe’s (“Volpe”) complaint,...more

Bernstein Shur Business and Commercial Litigation Newsletter #32

We are pleased to present the 32nd edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight cases addressing the scope of non-solicitation agreements, a challenge to Google’s...more

Too Much of A Good Thing? Mind the Privacy Implications of iOS 7's New MDM Capabilities in Your BYOD Workforce

In addition to the consumer hoopla over iOS 7, companies managing BYOD programs also have reason to rejoice. As reported on CIO.com, iOS 7 brings about a new level of control for companies through expanded app-level MDM...more

Compliance Communicator: September 2013

Memo to Managers - Social Networking in the Workplace - More than 75 percent of American workers use some form of social networking*, and that number is likely to increase. And it’s not just younger workers who...more

Suns Gain More Cap Relief Through Official Release of Michael Beasley

Suns Gain More Cap Relief Through Official Release of Michael Beasley by Anthony Caruso on September 6, 2013 The Phoenix Suns will see cap relief with the official release of Michael Beasley, the 2008 No. 2 draft pick,...more

Six Lessons that Redefine Focused Compliance Training: Lesson Three

Lesson Three: Strategies for Managing New Forms of Old-School Misconduct - Social media has altered everything about the way we work, interact, and stay connected. Just think back 10, even 5 years ago. Things were...more

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