News & Analysis as of September 19, 2024

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Social Media Policies are organizational personnel policies that outline, often in employee handbooks, acceptable standards for online behavior, as well as ownership and maintenance of organizational social media... more +

Social Media Policies are organizational personnel policies that outline, often in employee handbooks, acceptable standards for online behavior, as well as ownership and maintenance of organizational social media accounts and profiles. The development and enforcement of Social Media Policies can be a controversial issue. For example, some Social Media Policies have been subjected to scrutiny by the National Labor Relations Board for being reasonably interpreted as discouraging "protected concerted activity." less -

How to Report an Impersonation Account

Buckingham, Doolittle & Burroughs, LLC on 12/15/2023

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

Protecting Social Media Contact Lists as Trade Secrets

Sheppard Mullin Richter & Hampton LLP on 4/1/2020

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

Social Media Regulation: Advertising, Marketing and the FTC

Holland & Knight LLP on 11/4/2019

Holland & Knight hosted Michael Ostheimer, a senior attorney for the Federal Trade Commission (FTC), for a webinar presentation on Oct. 17, 2019. Mr. Ostheimer has been with the FTC for nearly three decades, currently serving...more

Client Alert: FTC and FDA Team Up to Send Warning Letters About Social Media Influencer Posts

Neal, Gerber & Eisenberg LLP on 7/9/2019

Recently, the Federal Trade Commission (“FTC”) and the U.S. Food & Drug Administration (“FDA”) issued joint warning letters to four sellers of e-liquids, the nicotine “juice” used in vaping regarding their use of social media...more

Employers Beware: Can You Legally Terminate an Employee for a Controversial Facebook Post?

Obermayer Rebmann Maxwell & Hippel LLP on 1/25/2019

In this era of social media, it has become quite common for employees to post information online about their personal lives, their political views, and information related to their jobs. Social networks have increasingly...more

Social Media Engagement - Top 10 Legal Issues and Risk Mitigation Strategies

Kilpatrick on 12/12/2018

While individuals can interact with celebrities, brands, and anyone else on social media with impunity and little legal risk, companies may not. Companies and the brands they manage occupy a different space because companies...more

Courts Rule on Cellphone, Social Media Privacy

Epiq on 9/6/2018

On June 22, the U.S. Supreme Court ruled that police usually need a search warrant before trying to track a person’s movements using cellphone data, even though the data is in the hands of a third party. In a 5-4 decision in...more

Works Councils and Social Media in Germany

Littler on 5/4/2017

Works councils in Germany have extensive "co-determination" rights—i.e., the right to participate in company management. Works councils serve as the representative body for employees in German workplaces. Once there are five...more

Think Twice Before Tweeting up a Storm

Robins Kaplan LLP on 2/3/2017

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

Asking Employees to Retweet an Employer's Tweet May Subject Employers to Fines in Illinois

Faegre Drinker Biddle & Reath LLP on 11/8/2016

Can employers ask employees to “like” an employer’s Facebook page or “retweet” tweets? According to the newly amended Right to Privacy in the Workplace Act (Act), Illinois employers may be subject to fines and found guilty of...more

NLRB Ruling in Social Media Case Provides Useful Guidance for Employers

Littler on 8/30/2016

Drafting a social media policy in compliance with Section 7 of the National Labor Relations Act (“NLRA” or “the Act”) has become increasingly challenging for employers, as the National Labor Relations Board (“NLRB” or “the...more

Still At The Starting Line With Your Social Media Efforts?

McManis Faulkner on 8/30/2016

Can you imagine your firm without a website? What if your bio were not listed on the internet? Well, there was a time when law firms questioned whether they needed a website. And a marketing team was not even part of...more

Quirky Question #279: Concerted Activity in 140 Characters or Less

Dorsey & Whitney LLP on 5/25/2016

Question: I am a manager in a medium-sized retailer that has locations and employees in 16 states. The company maintains a social media policy, which was recently updated. ...more

Social Media Compliance Policies: Your Company Needs One

Baker Donelson on 11/2/2015

Use of social media is ubiquitous in today's society. This is astounding when you think back to 2004 and realize that social media did not exist then. Fast forward ten years and by September 2014, 58% of all American adults...more

To Tweet or Not to Tweet: Social Media and Intellectual Property Issues

Knobbe Martens on 10/21/2015

Social media platforms are very useful, but they also create legal issues. Without question, social media has changed the way businesses communicate with their clients and consumers. Likewise, social media has changed the way...more

Social Media Week Part IV – Telling a Story About Honey

Thomas Fox - Compliance Evangelist on 8/6/2015

I continue my exploration of the use of social media in doing compliance by taking a look at a very innovative social media solution to a difficult compliance issue around, of all things, honey. This example shows how...more

MIND YOUR OWN BUSINESS!: New Employment Laws for Social Media Accounts

Sands Anderson PC on 6/24/2015

The Nutshell - Effective July 1, 2015, Virginia Code § 40.1-28.7:5 prohibits employers from requiring that current or prospective employees disclose information about their personal social media accounts....more

Secret Connections: LinkedIn contacts may be a trade secret

McAfee & Taft on 12/31/2014

A California court recently determined that an employee’s LinkedIn contacts could be considered a “trade secret” in a case where the employee retained his contacts after he left the company and began a competing venture....more

Do Employees Have the Right to Access Social Media in the Workplace? Can Employers Block Social Media Websites?

Moore & Van Allen PLLC on 10/27/2014

A Pew Foundation study earlier this year found that 87% of all adults in the United States access the Internet or email, either through computers or mobile devices. The same study found that of those adults, as many as 74%...more

NLRB Continues Aggressive Crackdown on Social Media Policies

Mintz - Employment, Labor & Benefits... on 9/4/2014

In the past few years the National Labor Relations Board (“NLRB”) has taken an increased interest in whether workplace policies prohibiting employees from discussing the terms and conditions of their employment on social...more

Compliance Communicator: September 2013

NAVEX on 9/9/2013

Memo to Managers - Social Networking in the Workplace - More than 75 percent of American workers use some form of social networking*, and that number is likely to increase. And it’s not just younger workers who...more

Youthful Indiscretions: California Bills Poised to Regulate Use of Minors’ Data on Social Networks

Morrison & Foerster LLP - Social Media on 7/3/2013

Two bills designed to facilitate the removal of minors’ personal information from social networking sites are currently under consideration in the California State Assembly, after being approved in the upper house of the...more

Trade Secret Litigation Over Social Media: Is It Worth The Cost?

CMCP - California Minority Counsel Program on 7/1/2013

With the continually increasing popularity of social media websites like Facebook, Twitter, and LinkedIn, where members can be connected to friends, family members, co-workers, clients, and potential clients all by logging in...more

Navigating the Patchwork: When Is European Data Privacy Law Applicable to US Companies?

Proskauer - Privacy & Cybersecurity on 4/17/2013

Are social media companies based in the United States subject to European data privacy laws? Two recent judicial decisions – one in France and the other in Germany – arrived at different answers. The Civil Court of Paris held...more

Workplace Issues Now Grow on “Vines”; Why Employers Need a Policy More Than Ever

Pullman & Comley, LLC on 4/16/2013

As I said in an earlier post, I’ll be speaking about Social Media and the Workplace, as part of WESFACCA’s “Day of Privacy” presentation later this week. ...more

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