Social Networks

News & Analysis as of

California District Court Holds That LinkedIn’s “Reference Searches” Function Not a Consumer Report under the Fair Credit...

A Magistrate Judge in the Northern District of California recently handed down an important decision regarding the application of the Fair Credit Reporting Act to one of LinkedIn’s search products. The decision in Sweet v....more

Status Updates - April 2015 #4

Home(page) renovation. In an effort to encourage return visits from the 150 million Internet users who visit Twitter every month without signing in, the social media giant has revamped its home page. Now, instead of just “a...more

New Law Restricts Employer Access to Employee Social Media Accounts, Including Through “Friend Requests”

On March 23, 2015, Virginia Governor Terry McAuliffe signed a new law, H.B. 2081, that restricts the ability of employers in Virginia to access the social media accounts of current and prospective employees—making Virginia...more

Vetting Employees via Social Media – Walking the Digital Tightrope

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

Trolling Social Media To Find Your Disgruntled Employees

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

NLRB determines vulgar Facebook posts protected concerted activity

The National Labor Relations Board (NLRB) determined that Pier Sixty LLC, a New York catering service, violated federal labor law by firing an employee server after he posted a Facebook message protesting supervisory abuse...more

ESI Case Law Update 2015

In this Issue: - Introduction - Preservation - Proposed Amendments to Rule 37 - Search Methodology/Technology-Assisted Review - Proportionality - Cost-shifting - Form...more

Divorce Papers Served by Facebook: Cold or Practical?

Calling social media “the next frontier in the developing law of the service of process over the internet,” a New York judge has allowed service of divorce papers via Facebook private messaging. This is either a cold invasion...more

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

LinkedIn Ethics Alert: 4 Things All NY Lawyers Should Know

Even lawyers who don’t practice in New York might want to take note of a formal opinion released this month by the New York County Lawyers Association Professional Ethics Committee....more

FCPA Compliance and Ethics Report-Episode 150-Tanya Otterstein-Liehs on the Process of Fitness [Video]

In this episode, I visit with Canadian fitness guru Tanya Otterstein-Liehs on her process approach to fitness, the need for a positive attitude in any job you perform and how she has been able to create a large clientele...more

Around the Virtual World: April 6 – 10, 2015

A weekly wrap up of interesting news about virtual worlds, virtual goods, and other social media. In This Issue: - Will Doctors Soon Prescribe Video Games? - 5 ways the Postal Service could save money...more

Status Updates - April 2015 #3

Searching social. At long last, tweets will appear in Google search results as soon as they’re sent, as the result of a deal that the two Internet giants recently struck. As part of its efforts to increase user growth and...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

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

Is Your Social Media Influencer or Blogger an Employee or an Independent Contractor? What Companies Need To Know Before They...

With the first quarter of 2015 behind us, many companies are already deeply engaged in social media campaigns. Many of these campaigns include the engagement of professional bloggers or other persons with social media...more

NLRB Rejects Profane Employee Facebook Rant as Grounds for Termination

For decades, the National Labor Relations Board has recognized boundaries on employees’ rights to engage in activity protected under federal labor laws. While employees have been granted leeway to engage in heated or...more

Suckstobeyou.com

Trademark owners will be thrilled to know that for a short time (until June 1) they have a priority right to register their brands with the generic top-level domain (gTLD) “.sucks.”...more

Pinterest’s value hits $11 billion

Social media company Pinterest announced that it is worth $11 billion after its latest funding round of $367 million. Pinterest, founded in 2010, which calls itself a “visual bookmarking tool” helps its customers discover and...more

What happens to your online digital accounts at death?

More online digital companies are providing users the ability to control what happens to their accounts after death. For example, Facebook now allows you to name a “legacy contact” to manage your Facebook page after...more

Proposed California Bar Opinion Seeks to Clarify Advertising Rules for Lawyer Blogs - California Joins Growing Number of States in...

There has been some confusion in recent years regarding how state disciplinary boards would – or should – treat lawyer and law firm blogs. While commentators and ethics boards have generally agreed that comments by a blogging...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

Online Contests: Make Them Effective by Simplifying the Mechanics

Any good marketing department can tell you that easy-tounderstand contest mechanics are the working engine of an effective online contest. Recently, we have noticed a concerning trend online: Businesses often try to do too...more

Status Updates - March 2015 #2

Out with the inbox? The overwhelming popularity of workplace-specific platforms that facilitate coworker communication—commonly referred to as “enterprise social media”—is undeniable. But are these platforms poised to someday...more

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