Polsinelli Podcast - Social Media at Work - What's Allowed and What Isn't?
In an era where a single social media mishap can spiral into a legal nightmare, social media archiving is increasingly becoming a safety net for organizations....more
New York Gov. Kathy Hochul signed two bills on Sept. 14, 2023, Assembly Bill 836 (A836) and Senate Bill 2518A (S2518A). The law applies to personal social media accounts, defined as "an account or profile on an electronic...more
We have previously written an OnPoint about the law concerning ownership of social media accounts in light of the explosive growth in the use of such media for commercial advertising, product development and customer...more
On January 23, 2024, Judge Edward M. Chen of the United States District Court for the Northern District of California ruled in META PLATFORMS, INC. v. BRIGHT DATA LTD. (Meta v. Bright Data), granting Bright Data’s motion for...more
Here at Socially Aware, we have been discussing issues around ownership of social media accounts since the beginning of social media. Just last July, we reported on how a bankruptcy court in Florida forced the founder and...more
Help – someone is impersonating me! Social media is a funny thing – it allows people to present their lives in a very articulated way through pictures, videos, and other personal information. While content is usually posted...more
If a company terminates one of its officers, does that person or his ex-employer own the corporate social media accounts that person used? Specifically, if the officer’s posts directly or indirectly promoted the company’s...more
Social media continues to grow at an extraordinary pace. Companies regularly introduce new social media platforms to the marketplace and seek new ways to utilize such platforms to advance their businesses. At the same time,...more
The U.S. Bankruptcy Court for the Southern District of Florida created a three-factor test to help determine the ownership interests of social media accounts. The court in In re Vital Pharm found that (1) documented property...more
Social media continues to dominate the headlines this spring, with several high-profile events capturing the media’s, regulators’, and lawmakers’ attention. Jack Owoc, founder and former CEO of Bang Energy (“Bang,” a...more
The explosive growth in the use of social media for commercial advertising, product development and customer engagement, including via “influencers,” is well known and those accounts may have significant value. However, the...more
In order to properly run a successful business and create a solid brand, fashion companies need to enter into many agreements that span the areas of corporate, real estate, and intellectual property. This article provides...more
Employers and employees alike use social media to promote and define their businesses and themselves in the digital space. From personal connections on Facebook, to professional marketing on LinkedIn, these connections on...more
Only YOU can prevent a social media firestorm. My Facebook page is a snooze. Two members of my immediate family do not want their existence to be acknowledged on the internet. I almost never post anything, except to wish...more
Social media contact lists have become an increasingly important part of a business’s customer lists. While courts are still grappling with who legally “owns” the data that the employee acquired on the employer’s dime—such...more
In August 2013, Arkansas enacted a statute intended to regulate employers’ ability to access social media account of employees. This statute, entitled “Social Media Accounts of Current and Prospective Employees,” applies to...more
Companies are vulnerable to all sorts of social media attacks, from a disgruntled employee spreading negative information to irresponsible social media use by a member of the C-suite. In this episode, Elisa D’Amico and...more
Have you ever had the experience of attempting to register a social media account in the name of your business only to find that your preferred name is taken? Often, it’s just the case of another business with the same name...more
Does one person’s Twitter account a trade secret make? A newspaper in Virginia apparently thinks so. This past week, the owner of The Roanoke Times sued former Virgina Tech sports reporter Andy Bitter under the federal Defend...more
Companies zealously guard their trade secrets and other information that gives them a competitive edge. And as we’ve covered in prior posts, companies often resort to the courts to protect this kind of information....more
Andy Bitter was a sportswriter for the Roanoke Times covering Virginia Tech football. He recently announced on Twitter that he was leaving the Roanoke Times and would become the VT beat writer for The Athletic, a...more
While social media has become ubiquitous, attorneys are subject to particular restrictions online. During Ward and Smith’s 2017 In-House Counsel Seminar two attorneys reviewed some of the potential pitfalls in-house counsel...more
TheBlaze, Inc. and Glenn Beck (collectively “TBI”) have squared off against Tomi Lahren over a Facebook page. As reported earlier, Lahren sued TBI, claiming among other things, that they were blocking her access to social...more
On August 25, 2016, the SEC adopted Release No. IA-4509 (the “New Rule” or the “amendments”) that amends Form ADV to increase the amount of information that registered investment advisors (“Advisors”) must disclose to the...more
Newly leaked e-mails reveal that pop sensation Ariana Grande lost a gig performing at the White House based on a video circulated online last year. The surveillance footage taken at a California doughnut shop showed Grande...more