Social Media

News & Analysis as of

The National Labor Relations Board Continues Its Full-Frontal Attack on Employers’ Rules of Conduct

The National Labor Relations Board continues its full-frontal attack on reasonable rules of conduct promulgated by employers in two recent cases issued at the beginning of April. In Hills and Dales General Hospital,...more

Courteous, professional workplace policy outlawed

In recent months, some of the National Labor Relations Board’s intentions have become obvious. First, the NLRB plans on devoting considerable attention and resources towards non-union employees and employers. Next, the NLRB...more

The NLRB Weighs in Again on Civility - Civility Loses

A lot of people are available to tell you how to best utilize social media, Twitter, Facebook, LinkedIn and other platforms to promote your brand, to promote yourself or even just the best way to share pictures of your cats. ...more

Daughter’s Facebook Post Leads to Costly Breach by Father of a Confidentiality Clause in His Settlement Agreement With Former...

A recent decision by a Florida appeals court, Gulliver Schools, Inc. v. Snay, stands as a stark reminder of the perils of trying to maintain confidentiality in the age of social media where news can travel faster than the...more

SEC Offers Guidance On Use of Social Media Commentary by Investment Advisers

On March 28, 2014, the Securities and Exchange Commission (“SEC”), Division of Investment Management, issued guidance that clarifies when it is permissible for an investment adviser or an investment adviser representative...more

SEC Staff Provides Guidance for Advisers Using Social Media on Compliance with General Prohibition on Testimonials

The staff of the SEC’s Division of Investment Management (the “Staff”) issued IM Guidance Update No. 2014-4 discussing how a registered adviser or its investment advisory representatives (“IARs”) may use public commentary...more

Construction E-Note - April 9, 2014

In This Issue: - Ongoing Or Completed Operations? Fifth Circuit Finds No Duty To Defend Contractor Under Additional Insured Endorsement - Your Venue, My Bond Claim: A Florida Law Primer - The Condominium Form Of...more

Watch What You Post on Facebook When Injured

Think twice about posting those photos of you playing softball at your family reunion last weekend if you have an open workers' compensation claim. Your Facebook photos or Twitter posts about what you are doing could be...more

Orrick's Financial Industry Week in Review

ESMA Reports on Information that Competent Authorities Should Provide to it Under the AIFMD - The European Securities and Markets Authority (ESMA), has published a final report of technical advice for the European...more

Another Federal Player in the Social Media Sandbox

There seems to be room in the sandbox for lots of people to play. Recent recesses have seen the NLRB dominate the discourse over the do’s and don’ts when it comes to social media and employment law. But another federal...more

Division of Investment Management: References by Advisers to Public Commentary on Social Media Sites Don’t Invoke “Testimonial...

Acknowledging the growing demand by consumers for information through social media, the Division of Investment Management set some ground rules on how investment advisers can use social media and publish advertisements that...more

New Regulatory Guidance on Use of Social Media by Investment Advisers

Acknowledging the growing demand by consumers for information through social media, the Division of Investment Management set some ground rules on how investment advisers can use social media and publish advertisements...more

GroupMe Gets an FCC Green Light on Sending Administrative Texts to Confirm Interest in Joining Social Network Groups

Previous TCPA Blog posts have noted that the FCC has a growing backlog of petitions for rulemaking, expedited declaratory ruling, or petitions for clarification on numerous issues posed by the TCPA. On a recent Friday, the...more

Did You Miss It? Important New Guidance for Financial Institutions Using Social Media

At the end of last year, the members of the Federal Financial Institutions Examination Council (FFIEC), published final supervisory guidance titled “Social Media: Consumer Compliance Risk Management Guidance.” Financial...more

Week in Review - April 3, 2014

Not all technology-based changes in the workplace involve social media and smartphones. This week's headlines and blog posts highlight other ways in which technology is changing the way we work. For example, employers are...more

Employment Law

PAGA Suit Belongs in State, Not Federal, Court Says Ninth Circuit - Why it matters: A wage and hour suit brought under California’s Private Attorney General Act (PAGA) belongs in state , not federal , court, the Ninth...more

U.S. Courts’ Evolving Approaches to Social Media E-Discovery

Courts across the United States have now made clear that discovery of social media is fair game. At the same time, courts have consistently found that litigants will not be permitted to engage in social media fishing...more

#Harassment: EEOC Addresses Potential Issues with the Use of Social Media in the Workplace

On March 12, 2014, the U.S. Equal Employment Opportunity Commission (“EEOC”) convened a meeting to gather information about the growing use of social media and how it impacts the laws that the agency enforces. Of particular...more

Recent FDA Social Media Marketing Enforcement Actions and the Likely Impact of Social Media Promotion Guidance

In recent years, guidance by the U.S. Food and Drug Administration ("FDA" or "Agency") for industry on the use of social media has continued to evolve in incremental steps, but the pharmaceutical and medical device industries...more

Estate Planning for Social Media and Electronic Gadgets?

A rapidly growing number of people do everything online, from managing their banking to storing their photos, writing the next best-seller, or documenting the next great invention. Yet few of them have read the Terms of...more

Social Media Fan Accounts: Honoring a Celebrity’s Brand or a Trademark Violation?

Social media has become a powerful marketing tool, allowing celebrities to develop their brands and images with the help of Facebook updates or Tweets that can reach millions of fans at the same time. Given the importance of...more

Employer Access to Employee Social Media: Applicant Screening, ‘Friend’ Requests and Workplace Investigations

A 2013 CareerBuilder survey of hiring managers and human resource professionals reports that more than two in five companies use social networking sites to research job candidates. This interest in social networking does not...more

Social Media Training is About Balance: Embrace the Power, Mitigate the Risks

Perhaps you’ve heard of this crazy new thing called “Social Media.” Of course you have. Even your grandmother uses Facebook now, right?...more

Social Media Compliance Issues for Community Banks

Andy Campbell presented “Social Media Compliance Issues for Community Banks,” a look at the benefits and risks for banks cultivating a social media presence. Andy’s presentation included discussion of: - regulatory...more

Yes, Disclosures On Social Media Are Still Disclosures

You can’t make this stuff up. Have you read this one? I can’t blame you if you haven’t. Between the serious and tragic stories dominating the news from Malaysia and Russia, this little employment law nugget snuck into...more

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