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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

Key Considerations: Using Social Media to Promote Ethical Practices

NAVEX Global and PwC recently sponsored a groundbreaking study from the Ethics Resource Center around Social Networking in the workplace. There was a lot covered in the study, so we’ve put the results in context for ethics...more

Points & Authorities - Summer 2013: Companies Beware When Using Models and Spokespeople in Advertisement Campaigns

Due to a recent increase in wage and hour claims in the entertainment industries, companies using models and spokespeople for their advertising campaigns need to be conscious of how they treat talent who are not covered under...more

Social Media Risk Management Toolkit

Explore four areas key to managing social media use by employees in your organization. Craft a best practice social media policy, navigate thelegal landscape, and view examples of organizations that have established social...more

Littler's 2013 Executive Employer Survey

Our partner Littler Mendelson, the largest employment law firm in the world, just released their 2nd Executive Employer Survey. Some interesting industry information (gathered from in-house counsel, c-suite, and HR...more

Pitfalls On Termination: Employer May Be Liable For Employees’ Loose Talk

Even though a Virginia bank properly terminated a bank teller and then warned bank employees not to discuss it, the bank still faced potential liability to the ex-teller for defamation when employees talked about it to...more

Labor Letter, July 2013: Social Media And Trade Secrets

Most employers are well aware of the various implications that the social media explosion has on the workplace. The various issues created by Facebook, LinkedIn, and other similar platforms lead to constant requests for...more

Say What? Terminated Employees ‘Own’ Their LinkedIn Accounts (and the Company’s Trade Secrets)?

Companies are getting a big surprise these days: Employees are leaving with their LinkedIn accounts and the company’s proprietary list of business contacts. LinkedIn is a well-known, business-oriented social media website...more

Managing Your Social Media Accounts

Imagine a situation where you have a small business that is planning a major event at a sports venue and needs to utilize a variety of social media channels to publicize the event and garner support for it. Such a business...more

Non-Unionized Employers: The NLRB Commands Your Attention

Many non-unionized employers might be surprised to learn that they, too, are governed by the National Labor Relations Board (NLRB). In fact, in 2012, the NLRB launched a website directed at non-union employees, which details...more

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