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Socially Aware Blog The Law and Business of Social Media

Tag Archives: Social Media Policies

Status Updates

Posted in Status Updates

Ahead of the law? In Hidalgo County, Texas, a former sheriff has been sued civilly over allegedly illegal campaign contributions. (He was also criminally convicted of money laundering.) At a civil deposition in the case, a lawyer for the plaintiff attempted to send live tweets from the deposition room. The judge ordered that the live… Continue Reading

Hot Off the Press: The May Issue of Our Socially Aware Newsletter Is Now Available

Posted in Copyright, FTC, Internet of Things, IP, Litigation, Privacy, SEC, Supreme Court, Terms of Use

The latest issue of our Socially Aware newsletter is now available here. In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we analyze a groundbreaking FTC complaint alleging deceptive practices online that could turn website Terms of Use into federal law; we summarize a U.S. Supreme… Continue Reading

New Regulatory Guidance on Use of Social Media by Investment Advisers

Posted in Investment Management Law

Acknowledging the growing demand by consumers for information through social media, the Division of Investment Management set some ground rules on how investment advisers can use social media and publish advertisements featuring public commentary about them from social media sites. Under the new rules, investment advisers may refer to commentary published in social media without… Continue Reading

Employer Access to Employee Social Media: Applicant Screening, ‘Friend’ Requests and Workplace Investigations

Posted in Employment Law, Privacy

A 2013 CareerBuilder survey of hiring managers and human resource professionals reports that more than two in five companies use social networking sites to research job candidates. This interest in social networking does not end when the candidate is hired: to the contrary, companies are seeking to leverage the personal social media networks of their… Continue Reading

Social Media 2014: Addressing Corporate Risks

Posted in Employment Law, Event, IP, Online Promotions, Privacy

Please join Socially Aware editor John Delaney as he chairs Practising Law Institute’s (PLI) “Social Media 2014: Addressing Corporate Risks.” Issues to be addressed at the conference include: Social media: how it works, and why it is transforming the business world Drafting and updating social media policies User-generated content and related IP concerns Ensuring protection… Continue Reading

Refining the First Amendment Status of Social Media Activity by Government Employees

Posted in Employment Law, First Amendment, Litigation, Supreme Court

The Supreme Court’s 1968 decision in Pickering v. Board of Education allows governmental employers, including law enforcement agencies, to fire or discipline employees for disrupting operations with excessive complaining, but it prohibits governmental employers from firing or disciplining an employee for speaking out on matters of public concern as a private citizen if the employee’s… Continue Reading

FFIEC Issues Final Guidance on Social Media Usage by Financial Institutions

Posted in Financial Institutions

On December 11, 2013, the Federal Financial Institutions Examination Council (FFIEC) issued final guidance for financial institutions relating to their use of social media (the “Guidance”).  With its release, the FFIEC adopts its January 2013 proposed guidance in substantially the same form.  (Socially Aware’s overview of the proposed guidance is available here.) Financial institutions should… Continue Reading

Data Protection Masterclass Webinar: Spotlight on Social Media Marketing and Policies

Posted in Employment Law, Event, Online Promotions, Privacy

Our global privacy + data security group’s Data Protection Masterclass Webinar series is turning the spotlight on social media marketing and policies in January. Please join Socially Aware contributors Christine Lyon and Karin Retzer, along with Ann Bevitt in our London office for a webinar that will examine the laws and regulations in the United… Continue Reading

Ownership of Business-Related Social Media Accounts

Posted in Employment Law, IP, Litigation, Online Promotions

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 media providers typically make their platforms available to users without charge, but companies nevertheless invest significant time and other resources to create and… Continue Reading

Recent UK Court Rulings on Employees’ Use of LinkedIn

Posted in Employment Law, Litigation, Terms of Use, UK High Court

Following our post on U.S. lawsuits concerning the ownership of LinkedIn and Twitter accounts, we report on a recent United Kingdom High Court ruling that considered who was entitled to operate four LinkedIn Groups, and other UK cases that have addressed related issues. Before we describe the High Court’s ruling, it is important to provide… Continue Reading

Whose @SunValley Is It?

Posted in IP, Litigation, Trademark

Readers of our blog may remember Leonard Barshack as the co-founder of Bigfoot, a popular Internet mail forwarding service that launched in 1995. Barshack, a resident of Sun Valley, Idaho, recently became well-known once again for his role as plaintiff in Barshack v. Twitter, a suit filed in Idaho’s Blaine County District Court on May… Continue Reading

BITS Social Media Risk Management Forum: Washington, D.C. Panel

Posted in Event, Financial Institutions

Socially Aware editor John Delaney will be speaking at the BITS Social Media Risk Management Forum on July 31, 2013, at the Four Seasons Georgetown Hotel in Washington, D.C. John will be participating in a panel discussion on social media-related business and legal risks for financial services companies, and strategies for mitigating such risks. For… Continue Reading

FINRA Issues Sweep Letter Regarding Use of Social Media

Posted in Financial Institutions, Securities Law

FINRA, having enacted new communications rules that specifically reference electronic communications, having issued two Regulatory Notices (linked here and here) providing guidance to the securities industry on social media, and having made social media and electronic communications exam priorities in two of the last three years, is now taking the next logical step:  conducting a… Continue Reading

A Fistful of Data: Facebook and Profile Technology, Inc. Showdown Over the Right to Use Outdated User Information

Posted in Litigation, Privacy

As social media matures and users become more concerned about the privacy of the information they publish online, New Zealand-based search engine app company Profile Technology, Inc. and Facebook are engaged in a legal battle stemming from a dispute over the right to use certain user data. The story first came to light in October… Continue Reading

Watch What You Tweet: Proposed Social Media Guidance for Financial Institutions

Posted in Financial Institutions, Privacy

With the explosive growth of social media, consumers increasingly expect to be able to interact online with the companies from which they buy goods and services. As a result, financial institutions have begun to explore the use of social media, both to strengthen relationships with existing customers and to attract new ones. Financial institutions, however,… Continue Reading

New Issue of the Socially Aware Newsletter Now Available

Posted in Employment Law, FCC, FTC, IP, Litigation, Privacy, Section 230 Safe Harbor, Statistics, Terms of Use, Trademark

In the latest issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we look at recent First Amendment, intellectual property, labor and privacy law developments affecting corporate users of social media and the Internet. We also recap major events from 2012 that have had a substantial impact on… Continue Reading

Social Media 2013: Addressing Corporate Risks

Posted in Event

Social media sites are transforming not only the daily lives of consumers, but also how companies interact with consumers. However, along with the exciting new marketing opportunities presented by social media come challenging new legal issues. In seeking to capitalize on the social media gold rush, is your company taking the time to identify and… Continue Reading

Social Media and the National Labor Relations Act: What Employers Need to Know in Drafting and Updating Their Social Media Policies

Posted in Employment Law

This article was first published by ALM Media Properties LLC in Internet Law & Strategy (January 2013). For over a year, the National Labor Relations Board (NLRB) has been taking employers to task for intruding too far into employees’ social media activities. The NLRB’s enforcement actions have provided a well-publicized reminder that the protections of… Continue Reading

Which Side Are You On? Employers and Employees Battle Over Ownership of Social Media Accounts

Posted in Litigation

When an employee uses a social media account to promote his or her company, who keeps that account when the employee leaves? Perhaps more importantly, who keeps the friends, followers and connections associated with that account? Three lawsuits highlight the challenges an employer may face in seeking to gain control of work-related social media accounts… Continue Reading

New California Law Limits Employer Access to Employee Social Media Accounts

Posted in Employment Law, Privacy

On September 27, 2012, California Governor Jerry Brown signed a bill that restricts employer access to the “personal social media” of employees and applicants for employment. Assembly Bill 1844 (“AB 1844”) adds to the California Labor Code new section 980.  Under this section, an employer may not “require or request” an employee or applicant to… Continue Reading

The NLRB Weighs In (Again) On Social Media Policies

Posted in Employment Law

With the issuance of its third guidance document on workplace social media policies in the past year, the National Labor Relations Board (NLRB) continues to refine its position on how to craft workplace social media policies that are consistent with the terms of the National Labor Relations Act (NLRA). Section 7 of the NLRA provides… Continue Reading

We’ve Come for Your Tweets: Twitter to Appeal Denial of Its Motion to Quash District Attorney’s Subpoena

Posted in Litigation, Privacy, Terms of Use

As the Occupy Wall Street protests fade from memory, a related discovery battle between Twitter and the New York County District Attorney rages on. Earlier this year, we discussed the District Attorney’s efforts to subpoena user information and tweets of criminal defendant Malcolm Harris, an Occupy Wall Street protester charged with disorderly conduct for allegedly… Continue Reading

The Social Media Experiment: Challenges for Broker-Dealers and Investment Advisers

Posted in Financial Institutions, Investment Management Law, Securities Law

The announcement by a Wall Street firm that it plans to give its financial advisers limited access to social media websites has been viewed by many as inevitable.  Morgan Stanley’s foray into the fast-changing world of social media highlights the difficulties faced by broker-dealers and investment advisers and the regulators who oversee them.  As more… Continue Reading

Tracking the Trolls: A “Twitter Jitters” Update

Posted in E-Personation, Litigation

We reported this past May in our Socially Aware blog about efforts of law enforcement authorities in the United Kingdom to adapt existing laws to police potential offenses committed via social media.  The UK government has just announced proposals that will make it easier to identify people who abuse social media. The UK government’s somewhat surprising… Continue Reading