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Every Manager and Their Mother: Second Circuit Shields Social Media Insults against Supervisor and His Entire Family

On Friday, April 21, 2017 a Second Circuit Court of Appeals panel affirmed a National Labor Relations Board ruling that a catering company server was wrongfully terminated for making an obscene and vicious Facebook post that...more

Is Calling Your Boss “a Nasty Mother******” Protected Activity?

by Shipman & Goodwin LLP on

My colleague Gary Starr returns today with a decision from the Second Circuit (which covers Connecticut) that may just surprise you. Then again, if you’ve been following this line of reasoning, perhaps not....more

TCPA Connect - March 2017

Defendant’s Calling System Ruled Not an Autodialer - A Telephone Consumer Protection Act defendant successfully persuaded a Michigan federal court judge that its calling system was not an automated dialing system because...more

Where Are Your Employees? (Hint: It May Not Be Facebook Anymore)

by Shipman & Goodwin LLP on

I recently gave a presentation on social media to a local non-profit and had the opportunity to review some of the latest statistics when it comes to the use of social media. Frankly, I knew that there has been a shift...more

Social Links: Facebook uses AI to ID suicidal posts; Google tries to ferret out hate speech; justices consider constitutionality...

Facebook is implementing a feature that uses artificial intelligence to identify posts reflecting suicidal inclinations. Google unveiled a new tool designed to combat toxic speech online by assessing the language...more

Social Links: Google Maps gets social; Twitter puts trolls in time out; today’s teens take to chat rooms

New York City’s Conflicts of Interest Board has issued guidelines prohibiting elected officials from using official social media accounts for political purposes or having their staff draft content for their personal social...more

Don’t Friend My Friends: Nonsolicitation Agreements Should Account for Social Media Strategies

As social media becomes an important part of many companies’ sales and branding strategies, issues relating to companies’ ability to protect their investments in such strategies are emerging. Indeed, this blog has previously...more

WhatsApp security flaw, lawsuit in Germany

Tobias Boelter, a University of California Berkeley cryptography researcher claims that last year he found a security flaw in WhatsApp’s encrypted smart phone messaging application. The flaw, which relates to the unique...more

Think Twice Before Tweeting up a Storm

by Robins Kaplan LLP on

One of the more memorable lines from 1989’s Steel Magnolias is “if you can’t say anything nice about anybody, come sit by me.” That sentiment— referred to as “schadenfreude” in German — is amplified on social media, and this...more

How Much is That Facebook Page Worth to Your Business?

by Arnall Golden Gregory LLP on

At first glance, this question may seem relatively unimportant in the context of an M&A transaction. It rings true that social media accounts usually receive little attention during the negotiation of a deal, which fact may...more

Even in Social Media Age, Web Presence Without Specific Showing of Customer Interaction is Not Enough for Personal Jurisdiction

by Reed Smith on

Ask any 1L – personal jurisdiction has always been a tricky issue. But in the internet era, even courts have grappled with how to determine whether an online presence is sufficient to establish personal jurisdiction over a...more

Privacy Perils: Identify Theft and Social Networking

by Bass, Berry & Sims PLC on

Identity theft through social networking is on the rise. Hacked accounts may be used to impersonate you and potentially cause reputational harm, or may even link the hacker to your financial account information and...more

"They Can't Do That To Our Pledges; Only We Can Do That To Our Pledges”: Admiral, Big Data, Privacy, and The Internet of Things

by Poyner Spruill LLP on

Anyone who has ever bought insurance, resented the premium, contested a claim denial, or piled up hours and papers dealing with insurers would welcome anything that promised to lower their rates. Admiral, a British insurer...more

Is There A Right To Facebook In The Constitution? North Carolina Cyberlaw Goes To The United States Supreme Court.

by Poyner Spruill LLP on

The Supreme Court of the United States has just agreed to the hear Packingham v. United States. The grant of certiorari reflects the increasing integration of cyberlaw with mainstream constitutional litigation. Packingham,...more

Ninth Circuit Issues Two Recent Decisions Further Definining Liability Under the Computer Fraud and Abuse Act

by Nossaman LLP on

In July, the Ninth Circuit Court of Appeals issued two decisions by which it intends to clarify liability under the federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (“CFAA”). The CFAA imposes criminal penalties and...more

NLRB Administrative Judge Finds Employee Facebook Post Was Protected Speech

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A new NLRB decision that attempts to define further the boundaries of protected speech under the NLRA. In Laborers’ International Union of North America and Mantell, Case No. 03-CB-136940 (NLRB...more

When Is Using a Computer a Crime? Rehearing Sought on Ninth Circuit’s “Distressingly Unclear” Answer

Facebook recently won a landmark victory in the Ninth Circuit against a company that accessed Facebook’s computers to help users manage their social network accounts. Now the company, Power Ventures, Inc., says that the...more

Zero Tolerance #USOC Trademark Overreach

By way of follow-up to Tim’s and David’s recent discussions about Rio2016 and related U.S. Olympic Committee trademark enforcement issues, it appears that a local Minnesota carpet cleaning business called Zerorez, is poised...more

Facebook v. Vachani – User Authorization Can Be Revoked By Service Providers

The U.S. Court of Appeals for the Ninth Circuit recently issued a decision that could have far reaching implications for the relationships between companies that provide online services, their customers or users, and third...more

5 Reasons Nobody is Seeing Your LinkedIn Updates (the 5th reason will surprise you)

by Adrian Dayton on

This last week in NYC I met with a frustrated Marketing Director who finally convinced their Managing Partner to share an article to LinkedIn as an update. You know, those articles that show up on LinkedIn’s Facebook-like...more

North Carolina Cyberbullying statute struck down as unconstitutional

On February 9, 2012, Robert Bishop was arrested and charged with one count of cyberbullying under the North Carolina Cyberbullying statute, which states that it is “unlawful for any person to use a computer or computer...more

When is the best time to share? It depends.

by Adrian Dayton on

If a tree falls in the forest and nobody is there to hear it, does it make a sound? Philosophical thought experiment - For the first five years of my consulting business, I gathered data and case studies on...more

Social Media Guide for Lawyers v. 3.0: Social Media Marketing and Ethics Guide

One major roadblock preventing a lawyer from engaging in social media marketing is the uncertainty surrounding how the advertising ethics rules apply to social media. This section will set forth the applicable lawyer...more

New Players – Old Rules? The Current Debate on the Regulation of OTT Services in the EU and Germany

by White & Case LLP on

OTT vs. ECS - Digitization transformed the way of numerous services in the telecom sector. Internet-based Over The Top ("OTT") services, such as messaging or audio services, video streaming, and social networking sites,...more

Social Links: The rise of social news; how technology hijacks our attention; are websites a dying business?

In a fascinating, must-read article, a Google design ethicist explains the techniques that engineers and entrepreneurs employ to keep us hooked on the web. A majority of U.S. adults—62%—now get their news on social...more

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Cybersecurity

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