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Ghomeshi-gate: A Harassment Policy May Not Be Enough

On October 26, 2014, Jian Ghomeshi was fired from his position as a radio host with the CBC. The CBC alleges that, based on available evidence, it determined that Mr. Ghomeshi's conduct was a fundamental breach of the CBC's...more

Texas Supreme Court to Weigh In on Shell Defamation Suit

The Texas Supreme Court recently agreed to hear Shell Oil Co.’s pending defamation case. Robert Writt, a former Shell employee, sued the company for defamation after Shell submitted a report to the Department of Justice about...more

Ghomeshi Claim Faces Significant Challenges

The controversial firing of former CBC radio host and personality Jian Ghomeshi has captured the public’s attention in recent days for many reasons, most of which have nothing to do with the law. In terms of the legal issues...more

Status Updates - October 2014 #9

Court spanks parents. In a landmark decision, the Georgia Court of Appeals ruled in Boston v. Athearn that parents can be held responsible for the social media activities of their kids. The case involved a seventh-grade boy...more

Nevada Supreme Court Holds Judicial Privilege for Statements Made to the Media During Litigation is Not Absolute

In Jacobs v. Adelson, 130 Nev. Adv. Op. 44 (Mar. 29, 2014), the Nevada Supreme Court was asked to decide whether statements made to a newspaper during litigation were absolutely privileged. The case involved a defamation...more

Living With Others Thinking You're Fu*king Crazy

One of the issues we address in this blog is the notion that social media doesn’t necessarily create new claims, but rather serves as a quicker and easier platform to apply traditional claims that have existed forever. Take...more

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

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

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

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

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