Social Media

News & Analysis as of

Gawker Interns and the Use of Social Media to Notify Potential Class Members

Social media has dramatically impacted many areas of law, and class and collective action litigation is no exception. Recently, a number of former interns who sued Gawker Media LLC and its owner Nick Denton (Gawker) for wage...more

Proposed Arkansas Bill Permitting Employer Access To Employees’ Social Media Accounts Rejected

At the end of March, a bill that would have permitted some employers to require employees to provide access to their personal social media accounts did not garner enough votes to make it out of an Arkansas Senate committee...more

Social Media: Strategy and Implementation - Are you protected?

With more companies utilizing social media as a part of doing business, are you protecting yourself and your business from issues that can arise when implementing these strategies? Where do you stand legally when employees...more

NLRB Holds Employee’s Obscene Facebook Post Criticizing Supervisor is Protected

We have written previously about the expanding scope of social media activities that the National Labor Relations Act protects and the tight limits the NLRB places on an employer’s ability to discipline employees for...more

Labor and Employment: The Use of Social Media During the Hiring Process - Do the Benefits Outweigh the Risks? (4/15)

As the social media phenomenon continues to dominate our culture and its use has become second-nature, it is worthwhile to revisit some of the issues presented by an employer’s use of social media, particularly in the context...more

New York court permits plaintiff to serve divorce summons through Facebook message

The Manhattan Supreme Court recently permitted the plaintiff in divorce proceedings to serve the divorce summons to her husband through a private Facebook message. Justice Matthew Cooper acknowledged that the plaintiff’s...more

NLRB Finds Employee’s Extremely Profane Facebook Post was Protected Concerted Activity

The National Labor Relations Board recently demonstrated how far it will go to protect employees in the name of protected concerted activity. In Pier Sixty, LLC, an employee took to Facebook to call his manager a...more

The magic button of smart homes and social media

The launch of smart home technologies and social media functionalities enabling quick purchases hides the risks of lack of compliance with European e-commerce and distance regulations....more

[Event] What Employers Need to Know about Attracting, Managing and Separating from Their Employees - April 30, Houston, TX

The Greater Houston Partnership will hold a continuing education series "What Employers Need to Know about Attracting, Managing and Separating from Their Employees: Current Legal Compliance and Talent Management Issues."...more

Calling Your Boss a “Nasty Mother F@#$%r” and Other Protected Activities

If an employee lashes out against a supervisor on social media with a string of obscenities, you can fire that employee, right? You would think so, but not always. Context matters....more

[Event] Massachusetts Employment Law Summit - May 13, Boston, MA

Employers and their HR departments are faced with a host of new issues and challenges. When you’re not navigating new state, federal, and local laws and making sure systems are in place to comply with them, you’re busy...more

PATIENT PRIVACY IN AN ERA OF SOCIAL MEDIA [Video]

The rise of social media has introduced new opportunities and new legal challenges for companies in the health care industry. Attorneys Seth Northrop and Sharon Roberg-Perez discuss the legal issues faced by care providers,...more

Divorce Papers Served Via Facebook

Hi there, The internet is abuzz with news that a woman successfully served her soon-to-be-ex husband divorce papers via Facebook. “Service of process,” also known as “serving divorce papers,” is one of those...more

Divorce By Social Media

This morning, I appeared on Fox29 in Philadelphia where I discussed and commented on a recent case out of Brooklyn, New York. In this matter, a divorcing party was granted permission to serve initial process by way of...more

Florida Court of Appeal: Photos on Facebook are Fair Game in Discovery

Discovery of social media is often appropriately considered in any case where evidence or admissions tending to disprove the other party’s case is potentially available. Although social media has long been firmly rooted in...more

NLRB rules employee’s vulgar, unprofessional social media post is protected concerted activity

Over the past few years, we’ve warned our employer clients that discipline of employees for social media activity has become risky business. The National Labor Relations Board has taken the position that employee commentary...more

Top 10 Attorney SEO Questions

At Attorney Rankings we work with a lot of lawyers. During our onboarding process for a client, there are always questions about services, about SEO, and about the whole process. We pooled together some of the most common...more

Are You A Nasty Mother Fu*ker?

I don’t know if you are or aren’t. That’s probably for a different timeforhardselfassessmentlawblog.com (wish I had purchased that domain). However, I do know that your employees apparently can call their manager a nasty...more

NLRB General Counsel Offers Guidance on Employer Policies and Rules

On March 19, the National Labor Relations Board (NLRB) made public new guidance governing a number of keys areas that have been challenging employers for the last few years. These clarifications could affect employers’...more

Social Media in the Context of Post-Employment Litigation

At the frontier of post-employment litigation is the issue of how to address social media contacts and communications. To date, while courts in other jurisdictions, such as California and Colorado, have passed on such...more

SDNY Judge Refuses to Approve Overbroad Use of Social Media to Notify Members of Opt-in Class of Action

As we reported in December, Judge Nathan of the U.S. District Court for the Southern District of New York ruled that putative class representatives in an FLSA collective action could notify former Gawker interns of their...more

Can your social media contacts be a trade secret of your employer? Maybe.

This is a relatively new legal subject, so there isn’t much law out there.  In December, 2011, a Pennsylvania federal court answered this question in the negative.  In the case of Eagle v. Morgan, Linda Eagle, the founder of...more

Best Practices in Social Media for Employers Part 3 – Disciplining Employees for Conduct on Social Media

As discussed previously (see Best Practices in Social Media for Employers Part 2), adopting a National Labor Relations Act (NLRA)-compliant social media policy is the first step in ensuring that the policy can be enforced. ...more

UK Regulator Announces Its Approach to Financial Promotions in Social Media

On March 13, the UK regulator, the Financial Conduct Authority (FCA) published finalized guidance on its supervisory approach to financial promotions in social media (the “Guidance”). The range of social media within the...more

UK’s Financial Services Regulator: No Hashtags in Financial Promotions

Earlier this month the UK’s financial services regulator, the Financial Conduct Authority (FCA), issued its final guidance on financial promotions made via social media channels. As we reported last year, the FCA...more

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