Communications & Media Education

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There is Such a Thing as Over-Sharing: Former Employee Forfeits Portion of Settlement Payment After Daughter Discloses Settlement...

It seems like every day there is a new case highlighting novel and evolving issues employers confront when people disclose information via social media. The latest example involves a hapless college-age daughter in Florida...more

Update on Social Media Legislation in Maine

Updating my previous post on this topic, the Judiciary Committee today reported L.D. 1194, An Act to Protect Social Media Privacy in School and the Workplace out of Committee with a recommendation that the bill be passed as...more

Lessons for Marketers from the CFPB Attack on For-Profit Education

We have written recently about the stepped-up scrutiny that the Consumer Financial Protection Bureau (the CFPB) and the Federal Trade Commission (FTC) are placing on for-profit education and related marketing. The opening...more

CFPB Focus on For-Profit Educational Providers Intensifies

The for-profit educational giant ITT Educational Services, Inc., recently revealed in a filing with the Securities and Exchange Commission that it is the target of anticipated legal action from the Consumer Financial...more

Private Sector Schools and Third-Party Student Recruitment under FTC and CFPB Scrutiny

The Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) are intensifying their regulatory and enforcement focus on proprietary schools and third-party marketing companies. In the fall of...more

Social Networking Password Laws In Effect For The New Year

Two new laws governing the ability of school authorities to obtain passwords to and information from personal social networking websites of employees and students go into effect on January 1, 2014. The definition of social...more

The CFPB Requests That Agreements Marketing Financial Products to Students Enrolled in Institutions of Higher Education be...

As a follow up to its initial inquiry earlier this year, the Consumer Financial Protection Bureau (“CFPB”) is alerting financial institutions about the “potentially risky practice of making secret payments” to colleges and...more

CFPB calls for public disclosure of campus financial product marketing agreements

The CFPB wants financial institutions to post on their websites their marketing agreements with colleges and universities for financial products other than credit cards, such as deposit accounts, prepaid cards and financial...more

Protecting Students in the Information Age

Information travels at the speed of light in an era where everyone is connected through Internet, social media, text messages and smartphones. Yet legislation lags behind. Many cases of student harassment have emerged in...more

FTC Revises Vocational School Guides

The Federal Trade Commission has revised its Guides for Private Vocational and Distance Education Schools, generally referred to as the “Vocational School Guides” (Guides). The Guides are intended to advise businesses that...more

California School District Enacts Social Media Surveillance To Counter Cyber Bullying

In response to a series of cyber bullying related teen suicides that took place in Los Angeles last year, the Southern California school district has decided to employ a social media monitoring service enabling the school to...more

After Being Unfairly Characterized by Regulators, For-Profit Institutions Slowly Rebranding Image

For-profit education needs rebranding. With the recent appointment of Michael Dakduk as key advisor to the Association of Private Sector Colleges and Universities, the sector has made a step in the right direction. The...more

Illinois Supreme Court Strikes Down Amendment to Illinois Public Labor Relations Act

As I mentioned earlier this week in discussing Performance Marketing, the Illinois Supreme Court has been a somewhat cool audience over the past ten years for constitutional claims. That’s why it was mildly surprising late...more

CLA and NLA partner to streamline copyright licensing for UK educational institutions

NLA media access Ltd. (NLA) and The Copyright Licensing Agency Ltd. (CLA) last month announced a partnership that aims to “streamline and simplify copyright licensing for UK schools and higher education”....more

Could Johnny Football Go To Jail?

ESPN reported in August that Heisman Trophy winner Johnny Manziel “…agreed to sign memorabilia in exchange for a five-figure flat fee during his trip to Miami for the Discover BCS National Championship.” Of course the...more

Illinois Court Opinion Clarifies Key FOIA Provisions

Recently, the Illinois Appellate Court clarified three key provisions of the Illinois Freedom of Information Act: the “predecisional” or “deliberative process” exemption; the exemption for unwarranted invasion of personal...more

Court of Appeal Reverses Award of Attorney Fees to School District: Newspaper Publisher’s Public Records Act Claim Was Meritless...

A superior court ordered a newspaper publisher to pay the attorney fees of a school district because it determined the publisher’s Public Records Act petition was frivolous. The court of appeal held that the publisher’s...more

Are E-mails Education Records Under FERPA?

If a student sends an e-mail complaining about a professor, should the professor have the right to see the name of the student that wrote the complaint? ...more

The Dust Has Settled, But the Issue Remains: How Can Employers Avoid Liability for Monitoring Their Employees’ E-mails and...

Earlier this year, a commotion was caused when it became public that Harvard University had monitored, accessed, and reviewed several Harvard deans’ e-mails as part of an internal investigation....more

FCC Initiates Massive E-Rate Program Overhaul

On July 23, 2013, the Federal Communications Commission (FCC) released the 175-page text of a Notice of Proposed Rulemaking to transform the Schools and Libraries component of its Universal Service program—more commonly known...more

FCC Seeks Input to Improve E-Rate School & Library Technology Program - BB&K is Assembling a Coalition of Local Governments and...

The Federal Communications Commission, in a Notice of Proposed Rulemaking (NPRM) released yesterday, declared that connection to the Internet alone will no longer be the standard of success for the E-rate program. Speed and...more

An Ivy League Brand: Trademark Infringement in Academia

As any recent college graduate knows, upon graduation you join an alumni network that carries with it a certain perception. While your GPA, field of study and extracurriculars are key in obtaining that all-important first...more

Modernising the exceptions to copyright: the government consults on the draft amendments

Last December in the document Modernising Copyright the government set out its decisions to amend some of the current exceptions to copyright protection and to add some new ones. The Intellectual Property Office has now...more

Student Recruitment, Third-Party Vendors, and the Federal Trade Commission

In this presentation: - How Did We Get Here? - Complying With Advertising & Marketing Laws - Increased Enforcement Activity By Federal And State Regulators - Compliance Tips Please see full...more

Consistent With Precedent, FCC Finds Violation of Competitive Bidding Rules Where Price Is Not Primary Factor

In a newly released Order, the FCC upheld a Universal Service Administrative Company finding that a school district had violated the Commission’s competitive bidding rules by failing to weigh price as the primary factor in...more

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