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SCOTUS Gets Social: Does the First Amendment Protect the Right to Post, Snap and Chat?

by Bryan Cave on

The U.S. Supreme Court has issued one of its first decisions addressing the relationship between the First Amendment and the Internet. In Packingham v. North Carolina, 582 U.S. ___ (June 19, 2017), the Court holds that a...more

Supreme Court Declares First Amendment Interest in Access to Social Networks

by Fenwick & West LLP on

The internet has become so essential to American public discourse that saying so is almost trite now. Members of Congress regularly use social media to engage with constituents. The President has turned Twitter into one of...more

How Can Social Media Negatively Impact Your PI Case?

With the advent of smartphones and social media apps, many Southern Californians have become extremely comfortable sharing pictures, video recordings and other content about themselves on their social media accounts. ...more

Good or Bad? Facebook, Instagram Updated Privacy Policies Could Signal Industry-Wide Crackdown on Social Media Surveillance

by Butler Snow LLP on

Facebook and Facebook-owned Instagram recently updated their privacy policies to protect users from social media surveillance. These updates could lead an industry-wide trend in restricting third-party sales of user data....more

What’s New in ClearView Social: Login with Facebook and Multiple User Accounts

by Adrian Dayton on

What’s New In ClearView Social is our blog series that brings you updates on what new features we’ve rolled out in the software. We’re excited to introduce two new features in our software this week, Login with Facebook and...more

Could Service Of Process Via Facebook Be The Way Of The Future?

by Fox Rothschild LLP on

Ah, technology. In this modern world, we navigate the roads on our phones instead of a map. We talk to a cylindrical tube to tell it to order more toilet paper for us, tell us the weather, read us the news, or turn on the...more

Second Circuit Rules on Bounds of Protected Concerted Activity

In a case at the edges of protected employee conduct during a union organizing drive, the Second Circuit Court of Appeals last week found that an employee’s expletive-laden Facebook post cursing out his boss—and his boss’s...more

Second Circuit Weighs in on Social Media, Profanity, and the NLRA

by PretiFlaherty on

One of the fundamental protections of the National Labor Relations Act is that employers may not discipline employees for engaging in concerted activities relating to the terms and conditions of their employment. Whether an...more

Expletive-Laced Facebook Rant Protected Under Federal Labor Law

Many people have fanaticized about telling their boss what they really think about him or her. Fortunately, most employees have the good sense not to write down what they are thinking about their employer....more

!@#$% Vote Yes for the UNION! Facebook Post Protected by the NLRA? Second Circuit Says Yes

In National Labor Relations Board v. Pier Sixty, LLC, No. 15-1841 (April 21, 2017), the Second Circuit upheld the National Labor Relations Board’s (NLRB) finding that an employee’s Facebook post, although “vulgar and...more

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

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