LexisNexis® Legal Newsroom
Company Social Media Policies Impacted by NJ Decision

A few days ago (on March 30, 2010) the New Jersey Supreme Court handed down a decision that is certain to have significant implications in social media policy circles. In Stengart v Loving Care Agency (2010 N.J. LEXIS 241), Plaintiff Stengart, in anticipation of a lawsuit against her employer, Loving...

Third Circuit Grants Rehearing to Resolve Contradictory Results on Students’ Online Speech

PHILADELPHIA - (Mealey's) In a pair of orders issued April 9, the Third Circuit U.S. Court of Appeals agreed to rehear two cases en banc, both of which pertain to students' in-school discipline for their online behavior that occurred off school grounds (J .S., a minor, through her parents...

Are Contact Lists Still Trade Secrets in the Age of Social Networking Sites?

By Robert G. Abrams, Gregory L. Baker, Alan M. Grimaldi, and Mark Andrew Klapow, Partners, Howrey LLP Last week, a United States District Judge in New York approved the report and recommendation of a Magistrate Judge holding that a headhunter’s contact lists were not protectable trade secrets...

Whether Social Media "Harvesting" or "Scraping" is a Crime

By Kirsten Koepsel, Carey Lening and Ron Weikers Most of us are well aware that savvy computer people can use social media sites like Facebook to obtain information that members don't want them to have, or to use it in ways the members would not want it. But what can be done if that happens? Are...

NLRB Frowns on Dooced (Facebook Firings): Facebook Comments May Be Protected Concerted Activity

Some of you may recall the story of Heather Armstrong, the first person to get "dooced" (fired for blogging about her employer). The word "dooce" originated from Ms. Anderson's personal blog. According to a recent Wikipedia search on Ms. Armstrong, in 2002 she " ignited a...

Tweet On! Social Media Sign In Now Available on LexisNexis Communities

LexisNexis Communities is excited to announce the availability of social media sign on which makes connecting to the LexisNexis Communities a snap. New and existing Community users can now sign into the Community sites using their favorite social media account. Simply connect to one of the LexisNexis...

How to Stay on the NLRB's "Friends" List, by Bullivant Houser Bailey PC

You may recall that last November we told you about the Connecticut employer who faced NLRB charges for firing an employee who posted derogatory comments about the company on Facebook, Employees May Not "Like" You on Facebook, But That's Not Grounds for Termination . Last week, the employer...

Peter S. Vogel: EU Court Ruling Protects Social Media Site

By Peter S. Vogel The Court of Justice of the European Union (CJEU) refused to order a Social Media site to prevent the unlawful use of copyrighted works. In 2010 SABAM (Société Belge des Auteurs, Compositeurs et Editeurs ), the Belgian collecting society for music royalties, lost a...

Advertising and Employment Issues for Your Social Media Presence

By Timothy J. Bechen As the growth of social media continues, there remains inherent conflicts between protecting the interests of the company and the rights of individuals using the various social media platforms. A first area of concern is the social media activities of employees. The law remains...

LexisNexis In-House Advisory: The Explosion In Social Media Creates New Liabilities While Broadening Companies' Opportunities

By Dylan McGuire As the number of people using social media websites - such as Facebook ® , Twitter ® , blogs and more - grows exponentially, corporations are faced with a new set of challenges on how to effectively manage a new set of liabilities brought about by this new information age...

Your Business-Related Social Media Platforms Could Be A Ticking Time Bomb

There is a time bomb in your company that you had better defuse. This is true whether you are employee or employer, because when it blows, both sides will be out lots of time and money, including plenty in attorney's fees. Not that we attorneys don't want your money; it's just that some of...

DLA Piper LLP: 10 Tips for Navigating Defamation Issues in Social Media

By Mary Gately and Victoria Bruno Online and social media have revolutionized the way companies interact with their customers - allowing them to target customer interests and engage customers much more directly. Entering into the world of social media, however, may pose reputational challenges. On...

Troutman Sanders LLP: Virginia Horse Breeder Brought to Heel over Defamatory Facebook Postings about Kennel Owner

While the social media revolution is in full swing, laws that have existed for years before the revolution began and which punish libel and statements made with the intention of hurting someone's business or reputation still apply. Defamation is still defamation and conspiracy is still conspiracy...

Troutman Sanders LLP: Is an Online Search a Background Check for FCRA?

By Christina Bost Seaton Over a year ago, our colleagues at the Information Intersection blog warned that employers should think twice before using websites such as Spokeo.com , which are aggregators of personal information collected from online sources, including social media. They warned that: ...

Greek Olympian Gets Quick And Dirty Lesson About Being 'Profersonal'

Jason Seiden , the co-founder and CEO of Ajax Social Media , calls it profersonal : the inherent intertwining of our personal and professional personas online. Last week, Greek Olympian Voula Papachristou got a quick and dirty lesson on being profersonal. Greece removed her from its Olympic team over...

Troutman Sanders LLP: Avoiding Legal Problems Created by Your Company Website (Part I)

In today's technology-focused age, commercial websites are ever more sophisticated and interactive, allowing customers to do far more than view and purchase a company's products. More and more businesses use social media outlets such as Facebook and Twitter to reach consumers and build brand...

Troutman Sanders LLP: Avoiding Legal Problems Created by Your Company Website (Part II: Gathering Information from Website Visitors)

By Troutman Sanders Part I of this post addressed the content that appears on your company website - both content you create or that was created for you and content generated by users of your website. Today, we will look at the various technologies for collecting information from users - often without...

Dispute Over Ownership of Ex-Employee's LinkedIn Account Highlights Significance of Robust Social Media Policies

On October 4, 2012, the U.S. District Court for the Eastern District of Pennsylvania in Eagle v. Morgan [ enhanced version available to lexis.com subscribers ] granted in part and denied in part an employer's motion for summary judgment on an ex-employee's federal claims under the Computer Fraud...

State Net Capitol Journal: Lawmakers Will Face Wide Array Of Issues In 2013

For much of 2012, it seemed just about every major issue confronting states and the federal government was put on hold in anticipation of the impending election. With that process finally over, lawmakers will settle in to try and solve a myriad of thorny problems in 2013. Over the next few issues, SNCJ...