The Ever-Expanding Scope of Social Media Discovery
John Lewis of BakerHostetler Discusses Use of Social Media in Gawker Class Action
PATIENT PRIVACY IN AN ERA OF SOCIAL MEDIA
A Moment of Simple Justice - Snitching Ain't Easy
Navigating the Ethical Minefield of Social Media for California Attorneys
Should an employer have a written social media policy?
Stealth Lawyer: Zach Abramowitz, 'Blogcaster'
Employer Social Media Policies – Interview with Mitch Danzig, Member, Member, Mintz Levin
Stealth Lawyer: Chieh Huang, Social Games Developer
Social Networking: New Risks & Opportunities at Work
Survey: Firms With Blogs Grow Revenue Faster
Polsinelli Podcast - Social Media at Work - What's Allowed and What Isn't?
[Legal Perspective] When Is It NOT Okay to Delete Your Social Media Account?
How GCs Use Social Media to Hire Law Firms
Serving Legal Documents Through Social Media
How Lawyers Can Optimize Their Profile Feed On LinkedIn
Social Media Law Report - Who Owns Your LinkedIn Account, FTC Guidance on Social Ads, More...
How To Create A Personal Profile On LinkedIn For Lawyers
Two Key Elements Every Social Media Policy Should Include
What Next for the NLRB?
As we discussed in a previous post, a class action lawsuit (Sweet, et al. v. LinkedIn) was filed last year against LinkedIn in California based on allegations that the reference reports LinkedIn generates for premium...more
California’s Eraser Law: What IP Attorneys and Owners Need to Know -
Hector recently graduated from UC Berkeley and is anxious about his upcoming job interview. He is about to enter the adult world. But he has also got...more
Breathing a sigh of relief that he neither works for U.S. agencies requiring security clearances nor do his hiring policies require the details of mental illnesses, drug and alcohol use, past arrests, bankruptcies, Joe Hyre...more
Since early 2012, 21 states have enacted some form of "password protection" law. Although these laws vary substantially by state, their common thread is the intention to restrict employers' ability to access content in...more
A recent labor arbitration decision illustrates that an employer can terminate an employee who uses social media to insult and threaten co-workers in violation of a workplace harassment policy.
This case arose when the...more
Facebook: Fact or fiction? These days, courts are more and more frequently faced with disputes over whether, as part of the discovery process, a litigant should be entitled to view the opposing party’s social media posts. As...more
Andy Warhol is quoted as saying, "In the future, everyone will be world-famous for 15 minutes." How prophetic you were Andy. These days a single post on social media can travel around the world faster than you can say Snap...more
Good news for employers using social media to vet job applicants: A Federal District Court recently ruled the technology used in LinkedIn's Reference Search does not constitute a “consumer background check” of employees and...more
Effective July 1, 2015, Virginia will join the growing list of states (including Arkansas, Colorado, Illinois, Louisiana, Montana, Nevada, New Hampshire, New Jersey, New Mexico, Oklahoma, Oregon, Rhode Island, Tennessee,...more
LinkedIn Search Doesn’t Implicate FCRA, California Court Rules -
Why it matters:
Granting LinkedIn’s motion to dismiss, a federal court judge in California held that LinkedIn users could not sue the site for...more
After the employment relationship is terminated, employers should be aware of former employees’ social media activity to ensure continued compliance with any post-employment obligations, including nondisclosure of proprietary...more
As Comedy Central is discovering with the new host of The Daily Show, Trevor Noah, failure to fully vet an employee’s social media activity can have unexpected consequences. At the same time, an employee’s social media...more
I’ve often said that the definition of “plaintiff” in a lawsuit can be simply stated as a “pissed off employee.” The old cliché that “a happy employee equals a productive employee” still rings true, but that is only part of...more
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
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
As the use and reach of social media continues to increase and evolve, employers should be aware of the latest risks and issues to consider during the recruiting and hiring process.
The results of an August 2014...more
In the recent case of Game Retail Limited v Laws, the UK Employment Appeal Tribunal (or “EAT“) considered the fairness of an employee’s dismissal for offensive tweets. This is the first time this issue has been considered at...more
The Supreme Court of British Columbia’s ruling in Kim v. International Triathlon Union (International Triathlon Union) is the first reported court decision to consider termination of a non-union employee for postings made on...more
In the past five years, employers both big and small have become accustomed to social media and increased technology in the workplace. Everyone and their parents are on Facebook, and one cannot go anywhere without being asked...more
Can an employee’s Facebook post be grounds for termination? The Fifth Circuit says, “Yes.” Graziosi v. City of Greenville Mississippi, No. 13-60900 (5th Cir. January 9, 2015). A police officer posted on her Facebook page and...more
Game Retail Limited v Mr C Laws -
In what is thought to be the first such case involving Twitter, the Employment Appeal Tribunal has overturned an Employment Judge’s decision that an employee was unfairly dismissed...more
While the year is still young, here are 15 New Year’s resolutions that employers may want to make:
1. Make sure your “independent contractors” are really independent contractors. ”Independent contractors” are under...more
Most of the case law in the UK on dismissals related to employees' social media activity has been at employment tribunal level and therefore the recent decision of the Employment Appeal Tribunal (“EAT”) in Game Retail v Laws...more
The exact limits of employee protected speech on social media are still finding definition, but a recent National Labor Relations Board decision identifies at least one limit: premeditated insubordination. In Richmond...more
The National Labor Relations Board (“NLRB”) upheld a San Francisco nonprofit’s decision not to rehire two employees due to their Facebook conversation. In Richmond District Neighborhood Center, the nonprofit ran an...more
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