BYOD (Bring Your Own Device)... *Liability and Data Breach Sold Separately
Unique Privacy Concerns for Mobile Apps
Social Media Law Report - Who Owns Your LinkedIn Account, FTC Guidance on Social Ads, More...
The Fast Laner has previously addressed the headaches accessing employees’ social media accounts can create for employers, and a recent Northern District of Illinois case suggests those fears are well-founded. In Maremont v....more
Tempted to snoop on someone’s emails; perhaps to gain advantage in a dispute? DON’T DO IT. The Stored Communications Act (“SCA”) prohibits unauthorized access to web-based email accounts.
A recent case, albeit one dealing with a governmental subpoena, shows that the SCA may not be the panacea that social networking sites think it is. In People v. Harris, Twitter sought to quash a subpoena it had received to...more
If you have a business with a social media footprint (and what business doesn’t, these days), ask yourself this question: "How confident are you that you own the social networking accounts through which you are building your...more
Cheng v. Romo, 2013 WL 6814691 (D. Mass. Dec. 20, 2013).
In this action, the plaintiff sued defendant for accessing the plaintiff’s web-based emails without authorization under the Stored Communications Act (SCA). The...more
According to a February 21, 2014, news release, Facebook has made two updates to its policies regarding the accounts of deceased users.
Previously, Facebook allowed one of two options for a deceased user’s account. ...more
The ever-increasing volume of information that people—your current employees, former employees, and job applicants—publish through the use of social media, email, tweets, and other types of electronic posts can be helpful in...more
The gyms are packed, the diet cookbooks are flying off the shelves, and smokers are struggling to kick the habit. It’s the resolution season, and surveys say half of the top 10 most popular new year’s goals aim for better...more
One hot area of data privacy litigation over the past several years has been data breach class actions brought under the California Confidentiality of Medical Information Act (“CMIA”), which provides that a person may recover...more
In 2013, theories of injury and damages revealed themselves to be deciding factors at the class certification stage of litigation and whether plaintiffs are able to prove damages on a class-wide basis. Even in those cases...more
A majority of people recently surveyed believe that their cellphone is the first thing that gets noticed about them. With smartphones becoming a part of our identity and the convenience of carrying and using just one device,...more
Social media platforms have become an increasingly important means for companies to build and manage their brands and to interact with their customers, in many cases eclipsing companies’ traditional “.com” websites. Social...more
The art of communication has changed considerably over the past few years. Rather than in-person or telephonic, the majority of communications in today’s business world are electronically transmitted. Likewise, professional...more
New Jersey is now among a growing number of states with social media privacy laws to protect personal social media accounts of current employees and applicants. On August 29, 2013, Governor Chris Christie signed a bill that...more
As of June 2013, Facebook, the reigning social-media giant, had 1.15 billion monthly active users who spent an average of 8.3 hours a month on Facebook. During roughly the same period of time, Facebook users "liked" a...more
As of the date of this posting, seven states have recently passed laws and at least eighteen other states are considering new laws granting fiduciary access to an incapacitated or deceased person’s online accounts and other...more
In California, Arbitration Agreement Valid Despite Lack of Rules -
Why it matters: California employers scored a victory with the Peng decision, with the court making clear that a procedural error in failing to include...more
Many employers permit their employees to access personal accounts from company-issued electronic communications devices. They also permit employees to use their personal devices for work. Those rules are both convenient for...more
In a decisive victory for Google and several co-defendants, a Delaware federal court dismissed the claims of a putative class of individuals who alleged that they were injured by Google’s practice of circumventing certain...more
The courts are taking steps to protect communications made via social media; e.g., Ehling v. Monmouth-Ocean Hospital Service Corp., No. 2:11-cv-03305 (D.N.J. Aug 20, 2013) (holding that private Facebook posts are protected...more
Lawyers often say that bad facts lead to bad law. Cases with outrageous fact patterns can drive a judge or jury to stretch the law and make outcome-based decisions in order to provide relief to a sympathetic party. Lawyers...more
On September 18, the U.S. District Court for the Western District of Washington held that an employee’s computer, issued by the employer, is not a “facility” subject to protections of the Stored Communications Act. Roadlink...more
In Ehling v. Monmouth-Ocean Hospital Service Corp., No. 2:11-cv-03305-WJM-MF (D.N.J. Aug. 20, 2013), a registered nurse was fired after her employer viewed several of her controversial private Facebook posts. In a matter of...more
Last week began this series of five posts to highlight five developments from this past summer in the area of social media and employment law. In Part 3 today: If an employee’s Facebook post can reasonably support an adverse...more
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