News & Analysis as of

Advertising Law - November 2014 #2

Shhhhh…Whisper Faces Lawmaker Scrutiny Over Privacy Claims - Just how safe is the purported “safest place on the Internet”?: Sen. Jay Rockefeller (D-W.Va.) wants to find out. The Chair of the Senate Committee on...more

Socially Aware - Volume 5, Issue 4 - July 2014

In This Issue: - European Court of Justice Strengthens the Right to Be Forgotten - California AG Offers Best Practices for Do Not Track Disclosures; Crucial Compliance Questions Left Unanswered - Snap...more

Tennessee Joins the Growing List of States Limiting Employers' Access to Personal Online Content

Legislation to restrict employers' access to applicants' and employees' personal online content continues its rapid expansion in 2014. Three weeks after Wisconsin became the 13th state to adopt its own social media password...more

Socially Aware - Volume 5, Issue 1 - January/February 2014

In This Issue: FFIEC Issues Final Guidance on Social Media Usage by Financial Institutions; Uncovering a Line in the Sand: Employee Social Media Use and the NLRA; Website Operators Await Final Guidance Regarding...more

10 Privacy Issues to Watch in 2014

2014 promises further legislative, regulatory and judicial attention to a number of high-profile privacy issues. This article examines 10 privacy issues and trends likely to receive attention in the coming year, including the...more

FFIEC Issues Social Media Guidance: Social Media Channels Present Privacy Compliance Challenges

If you are using social media to attract and interact with customers, you should review the recent supervisory guidance from the Federal Financial Institutions Examination Council (FFIEC). The guidance, titled “Social Media:...more

Why You Should Keep Personal Social Media Use Professional

Online privacy policies, especially with respect to social media sites, have redefined the word ephemeral. Just when one thinks they have successfully navigated the complexities of properties such as Facebook, new “terms of...more

Week in Review - January 3, 2014

Another new year has arrived. Perhaps you have promised to make it a year of getting organized, getting fit, or giving more to charity. On the technology front, social media is promising to make it a year of evolving...more

On the 10th Day of Privacy, my employer gave to me …..

And, no — it was not a big fat bonus. On this 10th Day of Privacy, we look ahead at employment related privacy issues …. As use of social media and other technologies continue to raise serious employment-related...more

Privacy in social media – is it really an oxymoron?

Yes, privacy in social media is pretty close to an oxymoron. At least in U.S. privacy law, the key issue for determining whether one has a privacy right is whether there was a “reasonable expectation of privacy” in the...more

Facebook User Voluntarily Shared Image; Cannot Claim "Reasonable Expectation of Privacy" under Fourth Amendment

It's not far-fetched to say that this blog could run every day solely on posts analyzing the recent legal developments regarding Facebook. As the social networking behemoth has become a functionally ubiquitous presence in the...more

New Jersey Social Media Privacy Bill Becomes Law

On August 29, 2013, a more limited social media privacy bill (A2878), adopting the common sense conditions set forth in Governor Chris Christie’s previous conditional veto, was enacted. The new law, effective December 1,...more

"Eye on Privacy" Newsletter - September 2013

In this issue: - Digital Advertising Alliance Releases Guidance on the Application of Its Self-Regulatory Principles to the Mobile Environment - TCPA Update: Recent Decisions and Significant Upcoming Change to...more

Serving Process, User Harassment and Misappropriation of User Likenesses: A Review of Recent Cases Involving Facebook

Along with Google, no entity is more ubiquitous on the internet these days than Facebook. Expectedly, the social networking giant, which was recently valued at over 100 billion dollars, has found itself involved in a surfeit...more

New Jersey Employers May Not "Like" State's New Social Media "Privacy Settings"

On August 29, 2013, New Jersey Governor Chris Christie signed into law a new measure prohibiting employers from requiring employees or job applicants to provide login information or allow employer access to their accounts on...more

New Jersey Becomes Latest Jurisdiction to Pass Social Media Privacy Laws for Employees

On August 29, 2013, New Jersey became the latest jurisdiction to enact legislation which prohibits employers from requiring job candidates or current employees to provide their user names and passwords to personal social...more

Privacy on Facebook, Twitter, etc.

After the settlement approved by the US District Court of Northern California obliging Facebook to pay $20 million for putting users’ names and faces in “Sponsored Story” ads without their permission and without paying them,...more

Shoulder-Surfs Up

The “shoulder-surfer” is that insufferable snoop at Starbucks, at the airport, on the bus, or anywhere else who peers over your shoulder and observes your online moves. Exasperating as it may be to share your love of lolcats...more

Another Piece of the Puzzle: Social Media Concerns (Just) Outside the Employment Relationship

This blog has focused heavily on social media-related issues that arise in the employer/employee relationship and that have been a continual challenge for employers over the last decade. Employment-related social media issues...more

A Legal Guide To The Use Of Social Media In The Workplace

In This Issue: - Introduction - Social Media And The Employment Relationship - Wage And Hour Considerations - Discrimination Laws - Protected Activity Laws - Applicant Screening...more

Bring Your Own Device Programs and Health Care: Too Risky to Work? - Scripts - News for the Health Care Community

Recent workplace surveys report that as many as 87% of employees use personal electronic devices for work, raising compliance, data loss, and security risks for their employers. As a result, designing a workable...more

Franchising Newsletter – April 2013

Overview - There have been several franchising developments since our last update in February. This edition discusses: - minimising the risks when marketing through social media - comments from...more

Activity at the Federal Trade Commission

There is much going on at the Federal Trade Commission (FTC) these days, particularly in the privacy arena. In addition to the settlements discussed below, today the White House confirmed that President Obama will nominate...more

FTC Guidelines for Mobile Applications: New Standards for Transparency and Notification Dictate Responsibilities for All Parties...

Mobile applications allow users to direct ill-tempered birds toward the buildings of evil pigs and can operate as a tool to let you know when is the best point in a movie to excuse yourself to the nearest restroom. They are...more

Around the Virtual World - February 4-15, 2013

A weekly wrap up of interesting news about virtual worlds, virtual goods and other social media. In This Issue: - Path Inc. to Settle Charges Over Collecting Kids' Data - Feds Urge App Makers, Mobile Operating...more

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