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U.S. Supreme Court Recognizes Airline Immunity for TSA Reports of Suspicious Behavior

In Air Wisconsin Airlines Corp. v. Hoeper (Jan. 27, 2014), the U.S. Supreme Court concluded that airlines are entitled to civil immunity for reporting suspicious behavior to the TSA, provided their reports are not “materially...more

"You Like 'To-May-Toe,' I Like 'To-Mah-Toe'" – Distinctions Without a Material Difference: Supreme Court Reverses Lower Court...

The events of September 11 were by no means the first examples of terrorism involving aviation, but they unified the U.S., if not the world, in its effort to make air travel safer. It was in the wake of 9/11 that Congress...more

U.S. Supreme Court Holds Airline Entitled to ATSA Immunity in Pilot Defamation Case

In Air Wisconsin Airlines Corp. v. Hoeper, the U.S. Supreme Court has ruled that immunity may not be denied under the Aviation and Transportation Security Act (ATSA) to substantially true statements. According to the Court,...more

Supreme Court Finds Air Carrier Immune From Defamation Claim For Reporting Employee’s Outburst to TSA

On January 27, 2014, the Supreme Court of the United States reversed a nearly $1.2 million jury verdict for defamation against Air Wisconsin Airlines Corporation in a case surrounding the airline carrier’s report about a...more

SCOTUS: Airlines Are Entitled to Immunity under the Aviation and Transportation Security Act Unless Statements Are Materially...

Yesterday, the Supreme Court issued its decision in Air Wisconsin Airlines Corp. v. Hoeper, 571 U.S. ---, No. 12-315 (2014), holding that immunity for an air carrier under the Aviation and Transportation Security Act, 49...more

Disputed Facebook Post Can Justify a Firing And Is Not Pretextual

As this blog illustrated recently, sentiments posted on Facebook, if sufficiently vulgar or offensive, can cause a person to lose his job. The Seventh Circuit recently issued a decision analyzing whether a profane and...more

In The Netherlands And France: Can You Get Away With Insulting Your Boss On Social Media?

In France, judges consider that the answer to this question depends on the parameters of the employee’s profile on Facebook. In a decision of April 10, 2013, the French Supreme Court ruled that when insulting comments...more

Use Good Sense to Avoid Making Bad Law

Lawyers often say that bad facts lead to bad law. Cases with outrageous fact patterns can drive a judge or jury to stretch the law and make outcome-based decisions in order to provide relief to a sympathetic party. Lawyers...more

Another Piece of the Puzzle: Social Media Concerns (Just) Outside the Employment Relationship

This blog has focused heavily on social media-related issues that arise in the employer/employee relationship and that have been a continual challenge for employers over the last decade. Employment-related social media issues...more

A Legal Guide To The Use Of Social Media In The Workplace

In This Issue: - Introduction - Social Media And The Employment Relationship - Wage And Hour Considerations - Discrimination Laws - Protected Activity Laws - Applicant Screening...more

Business Law Newsletter - July 2013

In This Issue: - Pitfalls on Termination: Employer May Be Liable for Employees’ Loose Talk - The USPTO Supplemental Trademark Register: Advantages and Disadvantages to Amending the Supplemental Register -...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

Social Media Legal Risks for Nonprofits: How to Successfully Navigate the Pitfalls

In this presentation: - How Does Social Media Work For You? - When Social Media Works Against You - Others’ IP - The Pinterest Question: “ But, What About Fair Use?” - Argh, so many...more

Fenwick Employment Brief: Employee Social Media Account Ownership Still Uncertain

Who owns an employee's social media account when it is used to promote the employer's business? This is a hot-button topic and developing area of employment law, and a Pennsylvania federal court recently shed more light on...more

The Duty To Preserve Social Media Information

It is not, as many recent articles and blogs have discussed, just about whether relevant social media information can be discovered by one party in a lawsuit. It is also about what happens when a party fails to preserve...more

Does Your CEO Own Her LinkedIn Account? One Court Says Yes, But…

In legal circles, we’ve all been anxiously awaiting a result in the case of Eagle v. Morgan (download here) – a case out of Pennsylvania where the issue who owned a LinkedIn page and contacts (the employee vs. the employer)...more

Who Owns a LinkedIn Account? An Update to Eagle v. Edcomm, Inc.

In October 2012, we told you about the case of Eagle v. Edcomm, Inc. pertaining to whether an employee’s LinkedIn account belongs to the employee (Linda Eagle) or to her employer (Edcomm). At that time, the United States...more

Don’t Forget Social Media During Discovery

Social media continues to be important in litigation, especially in cases where the plaintiff alleges damages for emotional distress or mental injury. Courts are increasingly allowing discovery of the plaintiff's social media...more

Top Employer Questions on Employee Social Media Conduct Answered

Employers are now on full alert that employee’s online activity in the office and in the home has a direct, often beneficial/often detrimental impact, on the bottom line. And with each day’s headlines new complications and...more

I Know What You Did Last Night: Employer GPS Monitoring

The US Supreme Court ruled last month that a warrant is required for police to track a suspect with a GPS device, or the search violates the Fourth Amendment’s protection from unreasonable searches.  Many...more

Traps on the Web: Legal Essentials on Social Media, Protecting Data, HR Policies, and More

Agenda for Today: • Legal Issues – “Similar Issues, New Platforms” (1) Educating Your “Speakers” (2) Entity Use of Online Social Media Platforms - Defamation, IP, Privacy, Agency (3) Entity Online Programs and...more

The Legal Aspects of Using Social Media: How to Avoid the Pitfalls and Capitalize on the Opportunities

Agenda: *Brief Summary of How Organizations Are Leveraging On-line Social Media – What is On-line Social Media – Current Trends/Potential Benefits from Using Social Media *Legal Issues – “Similar Issues, New...more

Socially Aware: The Social Media Law Update - Vol. 1, Issue 4 - October 2010

In This Issue: 2 Facebook Sued for Unauthorized Use of Minors’ Names and Likenesses; 2 YouTube Faces Damages and Injunction in Germany for Infringing User Uploads; 3 California Criminalizes Malicious Online Impersonation; 3...more

Distracted Driving Policies: Improve Safety and Limit Exposure

In this age of instant information gratification, it is easy to forget that the multitude of electronic devices we use for communication and entertainment (cell phones, mp3 players, and other multimedia devices) can have a...more

"Astroturfing" With Fake Reviews Exposes A Company to Legal Risk

Web businesses have fueled the natural cynicism that consumers have when reading online reviews. There are too many reported instances of businesses or PR firms using employees or paid reviewers to post glowing reviews, and,...more

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