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Business Law Newsletter - May 2015

In This Issue: - Social Media Accounts in Bankruptcy: Business or Personal? - Should Your Company Allow Pets for Take Your Dog to Work Day? - Excerpt from Social Media Accounts in Bankruptcy: Business or...more

Status Updates: Errand Apps for Everyone?; A Right to Be Forgotten Update; Your Entire Google Search History

Information wants to be (not quite) free. In its early years, the Internet was often seen as a vehicle for democratizing data, taking information that was previously accessible only to a select few and making it available to...more

#LetsAskNancy 004 – Lawyers, How Can You Be More Sticky?

Sticky…hmm, what is that? We’ll get to that in a minute, but let’s talk about the real question behind this, and that is: “How do I go from people visiting my bio or blog posts on my website, to actually developing...more

EU Council Confirms the Forthcoming Strong Enforcement of Fundamental Right to Data Protection

A recent leaked draft proposal reveals the position of the E.U. Council as regards to the fines system that will come into force under the proposed new General Data Protection Regulation in the E.U. member states. The huge...more

Eraser Laws: Forgetting a Minor's Past to Save His Future

Hector recently graduated from UC Berkeley and is anxious about his upcoming job interview. He is about to enter the adult world. But he has also got a bigger problem: When he was 17, he was not as wise as he is now at the...more

Status Updates: Facebook Posts—Reliable Evidence?; Quora Post Costs Applicant a Job; a New Ephemeral Messaging App

Facebook: Fact or fiction? These days, courts are more and more frequently faced with disputes over whether, as part of the discovery process, a litigant should be entitled to view the opposing party’s social media posts. As...more

BELGIUM: Belgian Privacy Commission fires its first warning shot to Facebook

Based on its on-going investigation of Facebook’s new terms and conditions, the Belgian Privacy Commission has issued a public recommendation (which can be consulted here in English language). The document focuses on...more

#LetsAskNancy: Lawyers, Why Should You Publish Your Content On Other Sites?

My short answer? Why would you not? The news this week about Facebook adding a new feature called Instant Articles, where major publications and sites, such as The New York Times, Huffington Post, The Atlantic,...more

Effort to Hide Facebook Evidence by Deactivating Account Ends Badly for Louisiana Man

As social media has become ubiquitous, courts are wrestling with more discovery disputes involving social media accounts. In a recent case, Crowe v. Marquette Transportation Co. Gulf-Inland, LLC, the plaintiff...more

Like It or Love It: How Not to Get Pinned (Legally) When Using Social Media to Promote Your Brand

Twitter®, Instagram®, Facebook®, Pinterest® and other social media websites and apps are great ways to interact with friends, family and potential customers. They are great avenues for advertising and promotion of one’s...more

Facebook is Not a Picket Line

The National Labor Relations Act protects the rights of employees to connect and address conditions at work, and recent decisions have held that this protection extends to certain work-related conversations on social media....more

Is Posting Obscenities Aimed At Supervisor On Facebook A Terminable Offense?

Maybe not, according to a recently published NLRB decision. In Pier Sixty LLC, a majority of a three-member NLRB panel affirmed an ALJ’s decision that the employer violated Section 8(a)(1) and (3) of the National Labor...more

Sorry Lois or How I Started a Law Firm from Nothing

I always talk about my frustrating experience at a certain semi-prestigious Long Island law firm (sorry, Lois). I do it partly to rub my success in their noses because they never had faith in me, but mostly because the way I...more

Facebook Class Action Lawsuit in Austria

A class action against Facebook has been filed in Vienna by privacy campaigner and Austrian law graduate Max Schrems, along with 25,000 other users of the social network site. The lawsuit alleges breaches of EU privacy law...more

Hey, Where Did All My Online Friends & Connections Go?

Remember that passionate follower of yours on Twitter that shared everything you wrote? Remember that new connection you made on LinkedIn that seemed interested in what you had to post? Remember that friend that went out of...more

Court Applies Video Privacy Protection Act to the Internet Streaming Era; Declares Hulu the Victor

After nearly four years of litigation, Hulu has prevailed against claims that it unlawfully disclosed its users’ video viewing selections and personal identification information to Facebook and other online networks. In In Re...more

Privacy, Product and Business Model Implications from Facebook’s API Changes

As Facebook continues to evolve and mature, some of its decisions lead to significant repercussions for organizations building apps linking to the Facebook platform. Many apps use Facebook to ease registration (fine) or as an...more

Social Media Assets in Bankruptcy: Facebook and Twitter Accounts Subject to Reach of Creditors

Social media accounts can be “property of the estate” in a bankruptcy case of a business, and thus belong to the business, even when the contents of the accounts are intermingled with personal content of managers and owners....more

April 2015: Trial Practice Update

Admissibility of Third Party Postings on Social Media Pages. This article focuses on whether statements posted by a third party on a person’s Facebook “wall” or similar social media page are admissible for their truth...more

The Ever-Expanding Scope of Social Media Discovery [Video]

Social media discovery is now commonplace within civil litigation, with Facebook continuing to be a primary source of potentially-discoverable information. As technology continues to advance, though, the judicial system is...more

Status Updates - May 2015

Social discovery. Are the photos and status updates that you post to your social media accounts discoverable regardless of the privacy settings you choose? If they contain information that is especially relevant to the case,...more

Weigand v. N.L.R.B: A Double Standard for Social Media?

On April 17, 2015, the U.S. Court of Appeals for the District of Columbia Circuit upheld a National Labor Relations Board (“NLRB” or “Board”) decision finding a local branch of the Amalgamated Transit Union (“Union”) could...more

Judges, Guns, And Facebook: Social Media Lessons For Businesses From The Tactical Firearms Case

Over the past few weeks, the internet has been abuzz over the battle raging between Jeremy Alcede, the former majority owner of CTIL, LLC, dba Tactical Firearms (the debtor), and the Bankruptcy Court for the Southern District...more

Oh, Snap! App Changes March Madness Strategy

While it’s no secret that Facebook and Twitter dominate live sports-related chatter on social media, this year’s underdog, Snapchat, made a bold play for an upset during the NCAA’s March Madness. The Our Stories feature...more

New York Federal Court “Likes” the Use of Social Media to Notify Class Members in Wage and Hour Action

In what appears to be a sign of things to come, a federal court in New York recently approved the use of social media to notify potential class members who were more likely to be reached that way rather than by more...more

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