Patients accumulate vast quantities of healthcare data over the course of their lives. Those data are generally housed in centralized servers operated by various unrelated industry participants, including government...more
Mixed Messages: Courts Grapple With Emoticons and Emoji -
Emoticon and emoji are ubiquitous in online and mobile communications; according to one study, 74 percent of Americans use emoticons, emoji and similar images...more
Deluged with an unprecedented amount of information available for analysis, companies in just about every industry are discovering increasingly sophisticated ways to make market observations, predictions and evaluations. Big...more
6/6/2016
/ Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Article 29 Working Party (WP29) ,
Big Data ,
Civil Rights Act ,
Department of Justice (DOJ) ,
Disparate Impact ,
EU ,
Fair Housing Act (FHA) ,
Federal Trade Commission (FTC) ,
SCOTUS ,
Title VII
A few months ago, we noted that a Yelp employee’s online “negative review” of her employer might be protected activity under the National Labor Relations Act (NLRA), given that the National Relations Labor Board (NLRB) has...more
How To Protect Your Company’s Social Media Currency -
Today’s companies compete not only for dollars but also for likes, followers, views, tweets, comments and shares. “Social currency,” as some researchers call it, is...more
4/29/2016
/ Clickwrap Agreements ,
Data Security ,
Digital Single Market ,
EU ,
EU-US Privacy Shield ,
Internet of Things ,
IP License ,
Online Reviews ,
Protected Concerted Activity ,
Social Media ,
US-EU Safe Harbor Framework
Yelp, Inc. is more accustomed to being on the giving—rather than the receiving—end of a negative review. That changed recently when a Yelp customer service employee, Talia Ben-Ora, posted an open letter to Yelp’s CEO on her...more
Welcome to the newest issue of Socially Aware, our Burton Award winning guide to the law and business of social media. In this edition, we offer tips for a successful—and legal—advertising campaign; we examine a New York...more
3/9/2016
/ Advertising ,
B2C ,
Big Data ,
Digital Goods ,
Discovery ,
Discovery Rule ,
EU ,
Facebook ,
Federal Trade Commission (FTC) ,
Internet Retailers ,
Marketing ,
Mobile Apps ,
Native Advertising ,
Social Media ,
Terms and Conditions ,
User-Generated Content
Employers took note last year when the National Labor Relations Board (NLRB) ruled that “liking” a Facebook post can qualify as protected activity under the National Labor Relations Act (NLRA). The NLRB held that the owner of...more
California employers hoping to save money through a bring your-own device (BYOD) program should think twice about that objective, based on a recent California appellate decision. In Cochran v. Schwan’s Home Service, the...more
For the first time, the Federal Trade Commission (FTC) and the Equal Employment Opportunity Commission (EEOC) have worked together to publish two guidance documents about employment background checks. One document,...more
In This Issue:
FFIEC Issues Final Guidance on Social Media Usage by Financial Institutions; Uncovering a Line in the Sand: Employee Social Media Use and the NLRA; Website Operators Await Final Guidance Regarding...more
If an employee calls his supervisor a “nasty motherf[**]ker” on Facebook, would the employee lose the protection that he would otherwise enjoy under the National Labor Relations Act (NLRA)? Probably not, according to...more