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Now You, Too, Can Call Your Boss a Nasty Motherf****r

by Kelley Drye & Warren LLP on

Maybe we’ve all thought it at some point in our careers. But according to the Second Circuit Court of Appeals, you might actually be able to get away with saying it—that is, calling your boss a nasty mother****r—if you’re...more

“Do You Kiss Your Mother With That Post?” Second Circuit Rules on Foul Facebook Post about Employer

The Second Circuit Court of Appeals stepped in to support the NLRB’s finding that an employee’s profanity-ridden social media posting about his employer (and his employer’s mother) was not so offensive that it went beyond the...more

Every Manager and Their Mother: Second Circuit Shields Social Media Insults against Supervisor and His Entire Family

On Friday, April 21, 2017 a Second Circuit Court of Appeals panel affirmed a National Labor Relations Board ruling that a catering company server was wrongfully terminated for making an obscene and vicious Facebook post that...more

Is Calling Your Boss “a Nasty Mother******” Protected Activity?

by Shipman & Goodwin LLP on

My colleague Gary Starr returns today with a decision from the Second Circuit (which covers Connecticut) that may just surprise you. Then again, if you’ve been following this line of reasoning, perhaps not....more

Second Circuit Holds Termination of Employee Who Attacked Supervisor in Obscene Facebook Post Violates NLRA

The Second Circuit said last week that an employer violated the National Labor Relations Act when it fired an employee who criticized a supervisor on Facebook during an election. The catch here is that the Second Circuit...more

Employers Beware: Facebook Posts May Not Be Enough to Fire Employees

by Cole Schotz on

On Friday, April 21, 2017, the Second Circuit affirmed a National Labor Relations Board (“NLRB”) ruling, which found that Pier Sixty, LLC (“Pier Sixty”) violated the National Labor Relations Act (“NLRA”) when it terminated...more

Profane Facebook Message Protected Under The NLRA

by Saul Ewing LLP on

Last week, the Second Circuit held that an employer violated the National Labor Relations Act (“NLRA”) when it fired an employee who had posted a profane and vulgar message on Facebook that insulted a manager and urged...more

F-Word Facebook Firing Flipped By Federal Court

by Fisher Phillips on

In a ruling that could leave employers fuming and possibly cursing, a federal appellate court ruled that an employee who used a public Facebook page to curse out not just his boss, but also his boss’s mother and entire...more

Businesses Beat Lawsuits Alleging Website Terms Violate New Jersey Law

by Bryan Cave on

Every retailer that does business in New Jersey needs to know about New Jersey’s Truth in Consumer Contract, Warranty and Notice Act (“TCCWNA”), which was passed in 1981 to protect the rights of consumers from allegedly...more

Facebook Successfully Dismisses Putative Class Action Alleging Violation of New Jersey’s TCCWNA Based on Choice-of-Law Clause in...

by Bryan Cave on

In Palomino v. Facebook, Inc., No. 16-cv-04329-HSG, 2017 WL 76901 (N.D. Cal. Jan. 9, 2017), two putative class representatives brought a claim on behalf of all “similarly situated New Jersey residents who created a Facebook...more

Social Media Showdown II

by Sherman & Howard L.L.C. on

TheBlaze, Inc. and Glenn Beck (collectively “TBI”) have squared off against Tomi Lahren over a Facebook page. As reported earlier, Lahren sued TBI, claiming among other things, that they were blocking her access to social...more

The Ninth Circuit Makes it Easier to Plead Text Message TCPA Cases

by Dorsey & Whitney LLP on

As many of you already know, Facebook recently obtained a dismissal of a text message case on the ground that the texts were not sent randomly but, instead, were directed to specific users. This case (Duguid) was only the...more

Social Links: Burger King ad triggers Google Assistant devices; suits allege infringement of copyrights in content posted to...

Without Google’s permission, Burger King ended one of its television commercials with a statement designed to automatically cause Google Assistant devices to read a list of the Whopper’s ingredients out loud. Having passed...more

Diversity and Inclusion: Not Just an Ideal, But a Client Demand

by Sands Anderson PC on

Facebook recently announced a new policy: At least 33% of the lawyers hired to represent the social media giant must be a female or minority. Law firms vying to service Facebook’s legal work must demonstrate their active...more

News of Note for the Internet-Minded – Inscrutable Algorithms, Adaptable Botnets and Weibo Backlash

It turns out protecting driverless cars from hacking is hard; a new technology brings emotions to virtual and augmented realities; botnets get attacked (and get a new job); and more … - A new technology transports...more

Social Links: Twitter sues U.S. government to protect account holder’s ID; Minn. court orders Google to disclose users who...

Twitter is suing the Department of Homeland Security in an attempt to void a summons demanding records that would identify the creator of an anti-Trump Twitter account. Facebook has joined the fight against the...more

Social Media Showdown

by Sherman & Howard L.L.C. on

Commentator and writer Tomi Lahren has filed suit in Dallas County, Texas, against Glenn Beck and TheBlaze, Inc. (“TBI”). Judging from the complaint, the issues include the defendants’ continuing exercise of control over a...more

Social Links: Instagram makes it easy to label content as “sponsored”; Facebook combats fake news; better firefighting through...

A court ruled that a particular 98-character tweet wasn’t sufficiently creative to warrant protection under German copyright law. Inspired by a recording posted to Snapchat of a physical attack on a 14-year-old boy, a...more

NJ State Court Authorizes Facebook as an Alternate Means of Service

Service through social media has come to New Jersey. The Morris County Chancery Court, in a first-of-its-kind case in New Jersey, held that Facebook is a reasonable alternate means of service, and an acceptable sole means of...more

The Pros and Cons of Social Media in Job Screenings

by Pullman & Comley, LLC on

It is not surprising that a recent survey released by the Society for Human Resource Management revealed that a growing number of employers are using social media both to hire and to disqualify job candidates. Social media...more

Say Nothing Means Say Nothing: The Facebook Post that Cost $80,000

When Gulliver Schools, Inc. (“Gulliver”) did not renew Mr. Snay’s contract as the school’s headmaster, Mr. Snay filed a complaint alleging age discrimination and retaliation. In full and final settlement of Mr. Snay’s...more

TCPA Connect - March 2017

Defendant’s Calling System Ruled Not an Autodialer - A Telephone Consumer Protection Act defendant successfully persuaded a Michigan federal court judge that its calling system was not an automated dialing system because...more

New Lawsuit Highlights Risks of Using User-Generated Content

by Kelley Drye & Warren LLP on

In 2014, Anheuser-Busch ran a contest on Facebook in which consumers were invited to submit photos of themselves “acting natural.” The contest rules stated that entrants could only submit their original works, and that the...more

OTA & Travel Distribution Update - March 10th, 2017

by Garvey Schubert Barer on

The Battle of Reports Continues [Short-Term Rentals]. By now, most everyone is likely aware of the AHLA funded study recently conducted by CBRE’s hotel division of Airbnb and its whole-unit / multi-unit hosts. The resulting...more

Where Are Your Employees? (Hint: It May Not Be Facebook Anymore)

by Shipman & Goodwin LLP on

I recently gave a presentation on social media to a local non-profit and had the opportunity to review some of the latest statistics when it comes to the use of social media. Frankly, I knew that there has been a shift...more

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Cybersecurity

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