Social Media

News & Analysis as of

Yet Another Tale of (Alleged) LinkedIn Indiscretion in a Non-Compete Matter

For those of you following the saga our Employee Mobility Practice Group has been documenting about the many ways in which social media appears to be impacting the non-compete world, I present to you yet another case that...more

Internet Licensing - The Licensing Journal, Vol. 34, No. 10, Pg 29–31

Implementing and Enforcing Online Terms of Use - Operators of social media platforms and other Web sites must manage a large number of risks resulting from their interactions with users. In an effort to maintain a...more

Social media sweepstakes: 10 things you should know

“How did we have sweepstakes before Facebook?” That question, which I heard during a call last week, summarizes the tremendous impact that social media has had on the use of sweepstakes and contests. These promotions are more...more

Social Media (Not) for Zombies

Countless articles have been written about how professionals should strategically use social media to gain recognition and bring in business. But what about the completely mindless? You know—actual zombies. How would they use...more

Environmental Branding in Social Media

For the last three years, I have been the Vice Chair of Social Media for the American Bar Association Section of Environment, Energy, and Resources Air Quality Committee. The position requires posting developments in the law...more

Can Offensive Personal Tweets Justify Dismissal?

Most of the case law in the UK on dismissals related to employees' social media activity has been at employment tribunal level and therefore the recent decision of the Employment Appeal Tribunal (“EAT”) in Game Retail v Laws...more

What Are the Rules of the Advergame in the UK?

Advergames are online video games that are created in order to promote a brand, product or organization by immersing a marketing message within the game. They are typically accessed via an organization’s website or app, or...more

Social media increasingly used in workers’ compensation cases

Social media has become an important part of modern life. According to the New York Times, Americans spend an average of three hours per day on social media sites. These sites can build communities, reunite old friends and...more

Poetic Justice – 2014 Wrap Up (Part 1 of 2)

This is the time of year to anxiously look forward to all that is anticipated to come in 2015. But it is also the time to look back at all that has happened in 2014. Rather than simply give you links to all of my stimulating...more

Status Updates - December 2014 #6

Facebook fit. It’s been said that a species’ evolutionary success depends more on its adaptability than any other trait. That apparently holds true for a social media platform’s staying power, too. Facebook continues to...more

Investment Management Update

In This Issue: - SEC Announces First-of-Its-Kind Whistleblower Award To an Audit and Compliance Professional - SEC Issues No-Action Letter To Allow for Amendment of a Sub-Advisory Agreement without Shareholder...more

Status Updates - December 2014 #5

An undercover app. Internet innovators have for some time been trying to cash in on the public’s mounting desire for anonymous messaging platforms, with varied success. As we recently noted, at least 11 students at colleges...more

Post Wisely

Two FDA Guidelines Help Life Sciences Companies Solve Social Media Conundrums - Social media presents new challenges for life sciences companies. Companies that post about their products on space-constrained social...more

Socially Aware - Volume 5, Issue 7 - December 2014

In This Issue: - What’s in a Like? - R.I.P.: The Facebook “Like” Gate - Facebook Dislikes Fake Likes - Privacy in the Cloud: A Legal Framework for Moving Personal Data to the Cloud - Click...more

The Cost of Poor Social Media Compliance Training? $3.5 Million

Did you know that a company loses an average of $3.5 million from one social media incident? Here is the breakdown: direct financial costs ($641K), reputation damage ($638K), lost revenue ($619K), reduction in stock price...more

Status Updates - December 2014 #4

Instagrowth. Instagram’s relationship with Facebook is turning out to be mutually beneficial. Since Facebook bought Instagram for $1 billion in 2012, the photo sharing platform has passed the 300-million-user mark, surpassing...more

At work when you're not at work

With Christmas approaching, it is a good time to communicate with employees about boundaries, both in terms of acceptable conduct, and the parameters in which that conduct will be regulated. Work Christmas celebrations...more

Thinking of buying your child their own laptop or smart phone? Read this first – a look at whether parents are liable for their...

A Georgia seventh-grader created a fake Facebook profile that defamed a classmate, according to this Wall Street Journal story. In middle school fashion (I am not looking forward to parenting through this period), a boy...more

Friending and Following Jurors: The Ethical Boundaries of Researching Jurors on Social Media

What are the ethical boundaries of an attorney’s internet research of jurors? Before the ubiquity of the internet, an attorney obviously couldn’t walk up to a potential juror in a restaurant and strike up a conversation. But...more

Full Disclosure in Advertising – Recent Guidance from the FTC

Enforcement efforts by the Federal Trade Commission in the area of false advertising have long emphasized the importance of disclosing material facts relevant to advertising claims to ensure that messages communicated to the...more

Status Updates - December 2014 #3

Block party. Twitter has revamped its anti-harassment policies to make it easier to report harassment on the network or to block another account. The change follows recent highly-publicized instances of “Twitter harassment,”...more

What’s Next for the FDA’s Draft Social Media Guidances?

As many of our life sciences clients know, 2014 brought long-awaited draft guidance documents from the FDA regarding three social media-related topics of interest. The FDA provided its much-anticipated views on...more

Managing Your Online Presence after Death

As we become an increasingly technology-dependent society, so much of what we do is online. Between email, Facebook, photos, music and documents stored online or in the cloud, most of us will have built a considerable online...more

The Year in Tech Law 2014

In This Issue: - Veterans Day: One WWII Vet Lives Long and Goes Tech - The Skies Are Still Friendly, Despite Virgin Galactic Crash - Cyberwarfare Is Here; Is the U.S. Prepared? - High-Tech...more

The NLRB Holds That Certain Activity on Facebook is Not Protected

The exact limits of employee protected speech on social media are still finding definition, but a recent National Labor Relations Board decision identifies at least one limit: premeditated insubordination. In Richmond...more

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