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Social Media for Attorneys: Good Business or Ethical Minefield?

Social media websites allow anyone — or more accurately everyone — to communicate and share ideas and opinions with a wide-ranging audience. Websites like Facebook, Twitter, YouTube and LinkedIn provide an extraordinary means...more

Lawsuit against LinkedIn Latest in Battle over Use of Big Data in Employment

Following up on a topic discussed recently in this space, a class action filed last month against LinkedIn represents just the latest development in the burgeoning battle over defining the permissible and impermissible uses...more

What’s in a Like?

In the pre-Facebook era, the word “like” was primarily a verb (and an interjection sprinkled throughout valley girls’ conversations). Although you could have likes and dislikes in the sense of preferences, you could not give...more

Class Action Stretches FCRA’s Limits to Target LinkedIn

With increasing regularity, states and localities have passed laws that limit the ability of private employers to inquire into or otherwise consider the criminal or credit histories of their prospective and current employees....more

New Strings Attached: LinkedIn Contacts Are Now Trade Secrets?

From a birds-eye view, Cellular Accessories For Less, Inc. v. Trinitas, LLC appears to be a typical dispute between an employer and its former employee. However, a closer look reveals an issue new to the world of trade...more

Do Employees Have the Right to Access Social Media in the Workplace? Can Employers Block Social Media Websites?

A Pew Foundation study earlier this year found that 87% of all adults in the United States access the Internet or email, either through computers or mobile devices. The same study found that of those adults, as many as 74%...more

Are LinkedIn Contacts The Employer's Trade Secrets?

A federal district court in California held in Cellular Accessories For Less, Inc. v. Trinitas LLC that whether LinkedIn contact information can be an employer's trade secret is a factual dispute that must be decided by a...more

Fenwick Employment Brief - October 2014

New Laws Affecting California Employers - The 2014 legislative session is in the books, and it produced several new laws affecting employers in California, including: Private arbitration companies must provide...more

Status Updates - October 2014 #5

..Big Brother isn’t just watching. A single mother in upstate New York was surprised to find that she had a Facebook page in her name, complete with photos of her, her son, and her niece. She hadn’t actually set up the page....more

Entrepreneurs: The New Wave of Immigrants

In the last ten years, the number of US companies started by foreign-born entrepreneurs has skyrocketed. From Google, Facebook, LinkedIn, Zip Car and Tesla, foreign-born founders created some of the most successful US...more

Status Updates - October 2014

..Where are the CEOs? According to a new study, fully two-thirds of the CEOs of the Fortune 500 have no personal social media presence at all. And of the ones who do participate in social media, two-thirds use only one of the...more

Court stays litigation pending IPR challenge, but requires that Defendants agree to be estopped from asserting any invalidity...

In Coho Licensing LLC v. Glam Media, et al., Coho filed suits against defendants AOL Inc. ("AOL"), Glam Media Inc., Ning Inc., LinkedIn Corp., Rovi Corp., and Twitter, Inc. (collectively referred to as "Defendants"). On May...more

Is a LinkedIn Contact List a Trade Secret? Potentially, Yes

As a LinkedIn user, the decision concerning whether to share your entire list of connections with any individual connection can often implicate a number of strategic questions. As of May 2014, LinkedIn boasts 300 million...more

Social Selling Applications Go Corporate

When social networking applications started out over ten years ago, they were for individuals to communicate about their personal life. Individuals created networks of friends/connections/followers and shared posts about...more

Should we offer our lawyers marketing training?

Most marketers and marketing committee members routinely attend high-quality marketing programs. It’s so much a part of the job description that it can be hard to remember that most lawyers rarely get any sort of...more

Learning From LinkedIn: More Big Name Employment Law Violations Showcase Need For Wage and Hour Compliance Training

I confess that up until the huge LinkedIn case last month, I had no idea what wage and hour training even is, or why anyone needed to take it. After all, it’s pretty simple, right? Pay nonexempt workers their regular wage for...more

I Might Have To Smack You If You Do This On LinkedIn

I’m not naive. I’ve seen my share of rotten business practices, along with many good ones, some even great. I’ve witnessed people who try to do good, and plenty who seem to specialize in doing the opposite....more

LinkedIn Pays Nearly $6 Million After US Labor Department Investigation

After being investigated by the US Labor Department for violations of the Fair Labor Standards Act, LinkedIn has been forced to pay out nearly $6 million in damages and unpaid overtime to 359 employees....more

Lawyers Need to Drop the Hard Sell

“Sales” is a dirty word at some law firms — one that brings to mind “Glengarry Glenn Ross” or a fast-talking used car dealer. But in an increasingly competitive marketplace, where firms fight one another to land work,...more

Discovery of Social Media Data

The digital revolution has caused tremendous growth in the volume of documents stored and collected electronically. It has also caused the creation of new sources of digital data, one of the most significant of which is...more

Social Media Guide for Lawyers v.2.0: How-To Guide to Social Media Platforms: LinkedIn for Lawyers

LinkedIn is a business-oriented social networking site with a membership of more than 50 million professionals from around the world, representing 150 industries. LinkedIn serves as an online resumé, offers the ability to...more

LinkedIn Compliance Settlement Highlights Why Wage and Hour Training Is So Critical

Last week, the Department of Labor announced that LinkedIn paid nearly $6 million ($3.3 million in back wages and $2.5 in liquidated damages) to 359 employees in back wages and damages for unpaid overtime, after an...more

Week in Review

It’s been an interesting week on the wage and hour legal front. One of the big names in social networking, LinkedIn, made headlines this week when the U.S. Department of Labor announced a settlement of allegations that...more

How to Make Clients Smile

We connect with our clients and contacts in many different ways — telephone calls, emails and by sharing on social networks. The quality of those interactions determines how we make our contacts feel. If we do it well, we...more

Of Soccer Balls and Social Media

What do lawyers and Pakistani factory workers have in common? More than you think. Especially when it comes to innovation....more

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