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Australia's proposed spy law perceived as Governmental Mismanagement

Buzzing through the social media sphere yesterday was the story about how a proposed new bill would see potential whistleblowers facing up to 10 years in prison for leaks. So after lifting my jaw up off the floor, I thought...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

Minnesota Legislature Convenes

The Minnesota Legislature convened at noon on Tuesday, February 25. It hit the ground running with a minimum wage increase and tax cuts at the forefront. It has already passed a $20 million heating assistance bill. The House...more

Is the "Like" Button Becoming a Constitutionally Protected Activity?

On September 18, 2013, the Fourth Circuit Court of Appeals ruled that an employee's act of clicking the "Like" button on Facebook constitutes speech protected by the First Amendment. This ruling signals an extension of...more

The First Amendment Goes Digital – Clicking “Like” on Facebook is Speech

With around 1.15 billion members, Facebook is a massive, global forum for communicating with friends and the world. For many users, it often feels as if their news feeds are clogged with vapid comments about the weather, meal...more

What's in a "Like"? Precedent-Setting Case Poses New Risk for Employers

The ubiquitous thumbs-up icon in Facebook has gained new prominence for private employers. In a case of first impression, the U.S. Court of Appeals for the Fourth Circuit held that an employee fired for "liking" the campaign...more

Free Speech Protection for Facebook "Likes" by Public Employees

Last week, in Bland v. Roberts, the U.S. Court of Appeals for the Fourth Circuit handed a constitutional victory to Facebook and two plaintiffs who lost their jobs after displaying online support for the incumbent’s opponent...more

New Jersey Legislative Summer Round-up: Social Media, Wage Claim Bias Laws Enacted; Misclassification Law Vetoed

New Jersey Governor Chris Christie had a busy summer, signing into law two important employment bills, and vetoing a third. The state’s new social media privacy law affords new protections to employees and applicants...more

Marketing Investment Management Services to Public Retirement Systems: Complying with Applicable Laws and Regulations

It is well-known that high-profile jurisdictions such as California and New York City have in certain instances placed lobbyist registration requirements on investment managers that solicit investment advisory business from...more

Governor Christie Conditionally Vetoes Social Networking Bill; Legislature Responds

The New Jersey Legislature recently passed a social media law, also known as the “Facebook Bill”....more

Legislative Update: Social Media Account Protection and Paid FMLA?

With just a few weeks left in what has turned out to be a very unpredictable legislative session in Connecticut, there are still several bills up for consideration that employers need to be on the look out for. ...more

New Jersey’s Social Networking Privacy Law Gets Conditional Veto by Gov. Christie

On April 5, 2013, Governor Chris Christie issued a conditional veto of New Jersey’s proposed “Facebook law” (A-2878), which is intended to prohibit employers from inquiring about or otherwise accessing applicants’ and...more

Texas Leg Watch 2013: Banning Employers From Demanding Social Media Passwords Bill To Hit House Floor Tomorrow

As part of our continuing coverage of the Texas Legislature Watch (they only meet every other year in Texas), we look at the bill that would prohibit employers from demanding passwords or other access to the social media...more

Under The Dome: Inside The Maine State House 4-26-13

Major Tax Reform Proposal Starts to Take Shape - This week, the Maine media reported that Senator Woodbury is leading a bipartisan effort to draft a major tax reform proposal. This proposal will likely propose changes...more

NLRB Gets Busy – Part 2 NLRB Incursion Into Non-Unionized Workplace

In January, we told you about recent activity by the National Labor Relations Board that overturned or departed from settled precedent. As promised, in Part 2 of this Alert series we summarize recent decisions where the...more

What the Pateaus Scandal Tells Us About Email Privacy

This article discusses the Patreaus affair from the standpoint of practical email privacy tips for lawyers, law firms, their clients, and families. A brief explanation is provided how emails (or even fake email addresses)...more

Minnesota House Commerce Committee Chair Announces 2013 Priorities

House Commerce Committee Chair Designate Joe Atkins has announced his top ten committee topics for the 2013 legislative session. Leading the list, not surprisingly, is health insurance exchange legislation. Passage of HIE...more

Volunteer Web Designer’s Creation of Website for Political Committee Was Not a Reportable Contribution

In Sorock v. Illinois State Board of Elections, in a case of first impression, the Appellate Court held that a self-employed web designer’s creation of a website for a political committee supporting a tax rate increase for a...more

Lawmakers Take Aim At Password Privacy

In 1597, Sir Francis Bacon observed that knowledge is power. It’s hard to argue against that observation, which certainly Password Privacy, Legalis as true today as it was back then. And with today’s social media technology...more

Legislative Update: Conn. Senate Votes to Ban Discrimination Against Unemployed in Ads

UPDATED AND CORRECTED The Connecticut Senate this afternoon voted 30-5 to ban employers and employment agencies from discriminating against the unemployed in job advertisements. As recapped by the Office of...more

Federal Court Requires Greater Disclosure of Corporations that Fund Electioneering Communications. Donors Beware.

On March 30, 2012, the United States District Court for the District of Columbia struck down a key provision governing the disclosure of electioneering communications by corporations and labor unions. In Van Hollen v....more

"Payroll Tax Extension Law Grants FCC New Spectrum Auction Authority"

Last Friday, February 17, 2012, the House and Senate finalized and passed H.R. 3630, the Middle Class Tax Relief and Job Creation Act (the Act), which President Obama signed this week without fanfare. The law extends certain...more

"Citizens United": The Supreme Court Decision One Year Later

The Supreme Court issued its landmark opinion in Citizens United v. FEC one year ago today. That case allowed corporations and labor unions to make independent expenditures for or against political candidates. An editorial in...more

Employment Law Alert - October 2010

In This Issue: Social Media Continued. . .By: Kimberly B. Malerba We continue to bring you updates concerning social medial because of the increasing legal significance and potential for liability that this technology...more

Vote for this and we will support you! How the new definition of coordinated communications affects political speech in the wake...

Summary: As we previously noted, the Supreme Court has ushered in a new dawn on corporate political spending in its recent decision in Citizens United v. Federal Election Commission. Citizens United reverses decades of...more

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