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Socially Aware Blog The Law and Business of Social Media

Tag Archives: social media

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

Posted in Copyright, Discovery, DMCA, E-Discovery, Employment Law, First Amendment, Litigation, Privacy, Wearable Computers

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 summarize the current status of various state laws restricting employer access to the personal social media accounts of applicants and employees; we explore how… 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

U.S. Courts’ Evolving Approaches to Social Media E-Discovery

Posted in Discovery, E-Discovery, Litigation

Courts across the United States have now made clear that discovery of social media is fair game. At the same time, courts have consistently found that litigants will not be permitted to engage in social media fishing expeditions; rather, litigants will be required to show that the sites likely contain relevant material. We explore below… 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

German Court Rules Against Facebook’s “Friend Finder”

Posted in Litigation, Privacy

On January 24, 2014, in a case filed against Facebook by German consumer protection association VZBV, the Berlin Court of Appeal (“Court”) upheld a lower court ruling that Facebook’s “Friend Finder” function is unlawful. The Court agreed with the Berlin Regional Court’s 2012 decision that the Friend Finder function violates both German data protection law… Continue Reading

Uncovering a Line in the Sand: Employee Social Media Use and the NLRA

Posted in Employment Law, Litigation

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 National Labor Relations Board (NRLB) decisions like Pier Sixty LLC. In Pier Sixty, an employee reacted to a labor dispute by posting… 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

Two Circuits Address the First Amendment Status of Facebook Activity

Posted in Employment Law, Litigation, Privacy, Supreme Court

Two recent U.S. appellate court decisions have clarified the extent to which the First Amendment protects the social media activities of government employees.  In Gresham v. City of Atlanta, the Court of Appeals for the Eleventh Circuit found that an individual’s First Amendment interest in posting to Facebook is reduced when he or she configures… Continue Reading

Collaborative Consumption – Is It Good to Share?

Posted in Employment Law, FTC, Privacy

Peer-to-peer (“P2P”) business models based on the Internet and technology platforms have become increasingly innovative.  As such models have proliferated, they frequently result in clashes with regulators or established market competitors using existing laws as a defensive tactic.  The legal battles that result illustrate the need for proactive planning and consideration of the likely legal… Continue Reading

The Guide to Social Media and the Securities Laws

Posted in Securities Law

REGULATION FD Beginning in 1999 and continuing into 2000, media reports about selective disclosure of material nonpublic information by issuers raised concerns that select market professionals who were privy to this information profited at the expense of others. A consensus began to emerge that selective disclosure (1) adversely affects market integrity (to a similar extent… Continue Reading

Behind the Curve – Are Legal and Regulatory Concerns Preventing UK Financial Service Companies From Fully Harnessing Social Media?

Posted in Financial Institutions

Today’s consumers want to engage in a new way with the companies from which they buy goods and services.  Although some UK financial services organisations are leading the way in terms of their use of social media, on the whole, engagement in social media by UK financial services firms is still relatively limited. This is… Continue Reading

New Guidance From UK Privacy Regulator on Social Networking and Online Forums

Posted in Privacy

Businesses are increasingly using social networks and online forums for marketing, recruiting, customer service, branding and PR purposes. The UK privacy regulator, the Information Commissioner (ICO), has recently published new guidance on the use of social networking and online forums. This replaces its 2007 guidance on the subject and is a helpful reminder to companies… 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

Is Your Account Tweeting Without You Knowing It? Twitter Upgrades to Two-Factor Authentication

Posted in Privacy

On April 15, 2013, the Associated Press’s Twitter account reported that President Obama had been injured in an explosion at the White House. Within seconds of the announcement, the Dow Jones Industrial Average plummeted more than 150 points. Fortunately, the President’s Press Secretary quickly confirmed that the President was unharmed and, soon after, the Associated… Continue Reading

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

Posted in Privacy

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 state’s legislature, the Senate, in early 2013. The first of the two bills, S.B. 501, would require a “social networking Internet Web… Continue Reading

UK: The Latest Social Media Legal Updates

Posted in E-Commerce, Litigation

In our May 30, 2012 post on the Socially Aware blog—“Should We All Be Getting the Twitter “Jitters”? Be Careful What You Say Online (Particularly in the United Kingdom)”—we considered a variety of UK laws being used to regulate the content of tweets and other online messages. Since that post, there has been a series… Continue Reading

Use of Social Media for Issuers, Broker-Dealers and Advisers, and Investment Companies

Posted in Event

Readers in the New York area, please join us for a complimentary, in-person event on Tuesday, May 28. Recently, regulators provided some additional guidance regarding the use of social media channels to disseminate issuer information. FINRA and the Commission also have been focused on the use of social media by registered broker-dealers, and by investment… Continue Reading

Technology Law Update: Recent Developments in Social Media & Internet Law

Posted in Event

Please join Socially Aware editor John Delaney as he speaks at the New England Corporate Counsel Association’s “Technology Law Update: Recent Developments in Social Media & Internet Law” event in Waltham, MA on Wednesday, April 10. Issues to be addressed in the presentation include the following: Recent developments and trends impacting corporate uses of social… Continue Reading

SEC Offers Guidance on Use of Social Media for Public Disclosure

Posted in SEC, Securities Law

On April 2, 2013, the U.S. Securities and Exchange Commission (SEC) issued guidance in the form of the Report of Investigation under Section 21(a) of the Securities Exchange Act of 1934 which indicates that social media channels—such as Twitter and Facebook—could be used by public companies to disseminate material information, without running afoul of Regulation… Continue Reading

More Trouble With Work-Related Social Media Accounts

Posted in Litigation, Privacy

We have written before about cases involving disputes between employers and employees over work-related social media accounts, but a new case out of Arizona federal court raises issues that appear to be unlike those we have addressed previously. In Castle Megastore Group, Inc. v. Wilson, plaintiff Castle Megastore Group (CMG), a retailer of novelty and… Continue Reading