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Gawker Intern Lawsuit Shows the Need For Social-Media Savvy in the Legal Profession

Have you recently tried to communicate with someone under the age of 25? Have you tried to call them? How about email? What about text message, Facebook, or Twitter? I bet that your communicative outreaches are much more likely to gain a response if you choose any of the latter over the former. Thus...

Is the C-Suite Ready for Trial Tweeting?

The tweets are flying out of the courtroom in day 5 of the highly anticipated Silicon Valley sex bias jury trial happening right now in a Superior Court of California San Francisco courtroom. Journalists from the Wall Street Journal , Business Insider , Wired , The Verge , VentureWire , USA Today...

Has the Social Media Battle Already Been Lost?

It is day 7 of the sex discrimination jury trial against a high-profile Silicon Valley venture capital firm and the social media debate is raging [Ed. note: This article was originally posted on Mar. 4]. For those not following along, Ellen Pao, formerly a partner at Silicon Valley venture capital...

NLRB Signs Off on Employer Social Media Policy as Legal

It’s not news that employer social media policies are on the NLRB’s radar. What is newsworthy, though, is when the NLRB considers a social media policy and concludes that it does not unlawfully infringe on employees’ rights to engage in protected concerted activity under the National...

Delaware Social Media Privacy Law Moves Ahead

At our Annual Employment Law Seminar last week, I spoke about the “Facebook Privacy” bill that was then pending in Delaware’s House of Representatives. The bill passed the House on later that day and is now headed to the Senate. For those of you who weren’t in attendance last...

Those Without Facebook Accounts Need Not Apply. Well, Maybe Not in One State.

Forcing job applicants to disclose social media logins and passwords as a condition of employment is so 2013 kinda like this crappy blog . So, the State of Oregon is this close to becoming the first state to expand its social media workplace privacy law to forbid employers from requiring their employees...

Supreme Court Majority Holds Threatening Speech Conviction Requires Intent Finding

WASHINGTON, D.C. — (Mealey’s) Reversing a Third Circuit U.S. Court of Appeals ruling, a U.S. Supreme Court majority today held that a conviction for making threatening communications under 16 U.S. Code Section 875(c) requires a showing of intent to harm by the speaker and not merely negligence...

LexisNexis® Presents a Complimentary CLE-accredited Webinar: Privacy Implications for Smart Devices and Social Media in the Workplace

One employee with one mobile device can wreak havoc. What counsel should know about the risks of smart devices and social media in the workplace. Employees who use mobile devices and commercial cloud apps to work outside the office are one of the greatest security dangers organizations face today...

Social Media Week Part I – Using Social Media In Your Compliance Program

Welcome to Part I of Social Media Week. I recently did a webinar, hosted by The Network, on the use of social media in your Foreign Corrupt Practices Act (FCPA) compliance program. The response was as great as almost any other webinar in which I have participated. Based upon the overwhelming feedback...

Social Media Week Part II – Sharing in the Compliance Function

I continue my exploration of the use of social media as a tool of doing c ompliance by looking at some concepts around the sharing of information. In a recent podcast on Social Media Examiner, entitled “ Sharing: The Art and Science of Social Sharing” , podcast host Michael Stelzner interviewed...

Social Media Week Part III – Twitter and Innovation in Your Compliance Program

I continue my exploration of the use of social media in your Foreign Corrupt Practices Act (FCPA) compliance program today. One of the ways that Chief Compliance Officers (CCOs) and compliance practitioners can communicate about their compliance programs is through the use of the social media tool Twitter...

Social Media Week Part IV – Telling a Story About Honey

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 creative thinking by a lawyer, in the field of import compliance, led to the development...

Social Media Week Part VI – Social Media and CCO 3.0

I conclude this exploration of the uses of social media in doing compliance by exploring why the compliance function is uniquely suited to using social media tools. Long gone are the days when Chief Compliance Officers (CCO) or compliance practitioners were lawyers housed in the Legal Department or the...

E-Discovery: We Still Haven’t Found What We’re Looking For

By Steven C. Bennett [1] | E-discovery, like the computer and telecommunications economy from which it derives, has come a long way. Today, more than ever, in large case and small, “e-discovery IS discovery.” Yet, despite more than 20 years of development of the commercial internet (and...

Must You Pay Employees Who “Volunteer” to Use Social Media For the Company?

Work-related blogging is compensable time. Yesterday, I read the District of Hawaii opinion in Tagupa v. VIPdesk, Inc. . Tagupa worked for VIPdesk, a national concierge network, as part of its remote concierge team [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance...

Don’t Forget to Check Social Networks During Your Workplace Investigations

Cleveland.com reports that a former bi-racial employee has sued a Steak ‘n Shake restaurant for race and disability discrimination: A discrimination lawsuit contends that two employees of a Steak ‘n Shake restaurant in Aurora used racial slurs, including n-----, to refer to a black co...

Peter S. Vogel: Cyber & Legal Risks All Over These 45 Security And Privacy Blind Spots!

By Peter S. Vogel Everyone should be interested in a recent Blind Spot Report which was created because of the “demand for accountability in respect to privacy protection is growing, and security professionals are finding themselves in part responsible for this issue.” The International...

The Limits of Employee Free Speech on Social Media

One of the finest employment-law bloggers, Daniel Schwartz, recently marked the eight-year anniversary of his Connecticut Employment Law Blog with a post about the three most notable changes in employment law over that span . Number one was social media. While for us bloggers, social media presents...

Enforce Your Social Media Policies Evenly. Otherwise, It’s Bloggy-Blog Time.

An employee who was allegedly fired for violating a company’s social media policy is going to have his day in court. And on this blog. Chris Redford, a white male, worked for a Louisiana TV news station. The station has a social media policy prohibiting employees from responding to viewer complaints...

Let’s Revisit That Post About Cursing Out Your Boss on Facebook

Last year, at about this time, I blogged here about a case involving some employees who thought that their employer had underpaid them. So, they discussed the matter at work. And then continued their conversation on Facebook, where they used language that wouldn’t quite make an Eagles fan in the...

Employers Might Not “Like” This Protected Concerted Activity Decision

Does the National Labor Relations Act protect the mere act of an employee clicking the “Like” button on Facebook? According to Triple D, LLC v. NLRB (2nd Cir. 10/21/15) [pdf] , the answer is yes [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ]. The...

Cloud Computing digital economy

Tweeter's Manifesto

New article! Tweeter's Manifesto . I explain why I, as a practicing employment lawyer, use Twitter. People from other professions (and certainly other practice areas within law) may find it helpful. The article is part of my presentation at this weekend's ABA Labor and Employment Law Conference...

Construction Law, the Cloud and Solo Practice

It’s hard to believe, but I’m almost to the end of year 3 here at The Law Office of Christopher G. Hill, PC (not to mention having recently passed the 4 year mark at Construction Law Musings). In that three years, I have learned a lot about “the cloud.” The Cloud, as I see...

DHS Wants Social Media Info from Our Clients

Federal Register, June 23, 2016 - "DHS proposes to add the following question to ESTA and to Form I-94W: “Please enter information associated with your online presence—Provider/Platform—Social media identifier.” It will be an optional data field to request social media identifiers...