Social Media

News & Analysis as of

Keeping it Legal: Managing FDA Compliance for Consumer-Generated Content

Social technology platforms allow manufacturers to leverage consumer-generated content about their products (“CGC”) more easily than ever before. Such CGC generally takes the form of written testimonials and product reviews...more

The Second Circuit Tackles Employee Rights, Obscenities & Social Media Use

Employers took note last year when the National Labor Relations Board (NLRB) ruled that “liking” a Facebook post can qualify as protected activity under the National Labor Relations Act (NLRA). The NLRB held that the owner of...more

Are Your Company’s Social Media #Sweepstakes FTC Compliant?

Social media contests and sweepstakes have gone viral. They have not only caught the attention of consumers nationwide, they have caught the attention of the Federal Trade Commission....more

Employment Law Navigator – Week in Review: November 24, 2015

Last week, the EEOC released its Fiscal Year 2015 Report, in which it describes 12 months of positive results. According to the report, monetary relief obtained for individuals was up, and the number of systemic charges of...more

Digital Defamation Update: Recent Decisions Highlight Issues with Tweets, Hyperlinks

The rapid spread of social media sites has opened up unparalleled opportunities for voices that might have once gone unheard to resound across the world. While these channels can be undeniably advantageous in many contexts,...more

The Ethical Duty of Competence in 2015

Although the legal field is not a profession known for embracing change, several developments over the past year have made it clear that even lawyers have an ethical obligation to understand the basics of modern technology. ...more

Health Update - November 2015

Best Practices for Using Social Media in Healthcare: Maximizing Impact, Mitigating Risk - Editor's note: In a generation more likely to seek health information online than see a doctor, social media is playing an...more

Risks Engendered By Use of Social Media During Employment

Sharing personal and work-related information on social media sites has become a prevalent practice for many employees nowadays. Likewise, social media is also used by employers as a platform to connect with the public and to...more

JDB 079: Can Lawyers Really Get Clients through Social Media?

For many lawyers the whole concept of social media is just a big waste to time. And it can be. Whether it is Facebook, Twitter, LinkedIn, or Google+ social media is a guilty pleasure for most, but can it actually be a...more

Technological Change and Economic Growth

Google, Facebook, Twitter, WhatsApp, Zynga, Airbnb, Uber etc etc. These are all companies that have come from nowhere and are now market leaders in an increasingly mobile and digital world. They have built their brands and...more

High Noon at the Train Station: Social Media and Modern E-Discovery

Most people take time zones for granted these days, but it was this week in 1883 that railroad companies in both Canada and the United States started using four continental time zones. Until then, time was local, based on...more

Second Circuit Holds That Facebook “Like” May Be Concerted Activity Under Section 7 of the NLRA

The Second Circuit recently released a summary order in Three D, LLC v. NLRB affirming the National Labor Relations Board’s (the Board) ruling that a Facebook “like” can be construed as concerted activity under Section 7 of...more

"Likes" on Facebook are Protected Employee Conduct

The United States Court of Appeals for the Second Circuit recently upheld a National Labor Relations Board (Board) decision holding that a sports bar violated the National Labor Relations Act (Act) when it discharged...more

The Second Circuit “Likes” the NLRB’s Reasoning

In recent years, the National Labor Relations Board has tended to protect employees’ social media activity against employers. A few weeks ago, the Second Circuit upheld a decision of the National Labor Relations Board...more

U.S. Embassy in Tel Aviv Launches Online Videos about the Visa Process

What do Facebook, YouTube and Twitter have in common? The U.S. Embassy in Tel Aviv is using all three to reach visa applicants. The goal is to educate the public in Israel about the visa process. With Israel being the app...more

Benefits of Social Media for Court Reporters

It’s no secret that social media has become a basic tool for survival – personally as well as professionally. It has certainly changed our lives dramatically over the last ten or so years. For instance, I’m 25, so I started...more

Employment Law - November 2015

Following California, New York Toughens Equal Pay Law - Why it matters: Following in the recent footsteps of California, New York Governor Andrew Cuomo signed into law the Achieve Pay Equality Act, providing greater...more

Gambling Companies Hit a Triple Bogey

Gambling companies Hillside (UK Sports) LP t/a Bet365 (“Bet365“), Coral Interactive (Gibraltar) Ltd (“Coral“) and Petfre (Gibraltar) Ltd (“Totesport”) were recently challenged by the UK advertising regulator, Advertising...more

During Mizzou Protests, Social Media Giveth and Taketh Away

There was a bizarre twist this week in the developing story about racial unrest at the University of Missouri. On Monday, protestors attempted to prevent the news media from taking photos of protestors. On Tuesday, they...more

Building a Successful Social Media App: Four Lessons Learned from Snapchat

Since its launch in 2011, the social media platform Snapchat has generated its share of negative press, with most of that press in some way related to the very characteristic that, at least initially, helped Snapchat to...more

[Event] Sheppard Mullin's Labor & Employment Year In Review - Nov. 19th, New York, NY

Please join our experienced attorneys for an informative and lively discussion on a variety of timely topics, including: Where We've Been and Where We're Going: Key legislative developments and leading court...more

Colorado Ethics Committee Issues New Guidance On The Use Of Social Media For Investigative Purposes

The Colorado Bar Association Ethics Committee recently clarified the ethical boundaries associated with attorney use of social media for litigation. Formal Opinion 127 (Opinion), issued in September 2015, addresses certain...more

Where’s the “Dislike” Button? 2nd Circuit Affirms Employee-Friendly Social Media Ruling

In my last post on HR legalist, I outlined the current state of the law regarding employee social media use. One trend I have been following is the National Labor Relations Board’s expansion of protections for employees who...more

Discipline Based on Social Media Activity – An Update

Social media is no longer trendy. It’s commonplace, and so is discipline imposed because an employee posts something inappropriate. According to a Proskauer survey, 70 percent of employers report taking disciplinary action...more

Managing the Court of Public Opinion During a Media Crisis

If your company is hit with negative press, should you just ignore it? Absolutely not. There are steps you can take to stop or mitigate any possible damage. In those communication networks that you control (rather than...more

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