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Plug or Perish
For FVLD’s September Legal Update, Jon Vegosen writes about the NLRB’s controversial stance on some common social media policies. As Jon explains, these developments raise concerns for employers. For example, many employers have trade secrets and other confidential and proprietary … Continue reading
Lawsuit: Smartphone and Memory Card Seized from Man Recording Police
A Washington D.C. man has sued two police officers for seizing his smartphone with which he photographed a police officer engaging in allegedly “aggressive conduct toward members of the public” after another officer hit a man on a motorbike with … Continue reading
Posted in Blogging, First Amendment
Tagged ACLU, First Amendment, Fourth Amendment, law enforcement, memory card, photograph, police, smartphone, Social Media, Staley, Washington D.C.
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New Illinois Laws Affect Online Privacy
Recently enacted Illinois laws are intended to protect the online privacy of both public and private employees in the state. The Judicial Privacy Improvement Act (JPIA) is a legislative response to the 2005 shootings of relatives of a federal judge … Continue reading
Toll of “Facebook Victims” Mounts
Although social media is no longer a new phenomenon, evidently even people who should know better still have not grasped that nothing on the Internet is confidential. What’s more, there is no sure demarcation between private postings and those that … Continue reading
Posted in Employment, First Amendment
Tagged Chaney, Cicero, Colombia, Employment Law, Facebook, First Amendment, GSA, Iniquez, Morton, Neely, NLRB, policies, Social Media
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Maryland Takes Lead in Banning Employers from Demanding FB Access
Maryland recently became the first state to ban employers from requiring prospective employees to let them access their social media accounts. The law was passed in response to protests after the state demanded corrections officers’ social media passwords to search … Continue reading
Posted in Employment, Privacy
Tagged Corrections, Employer, Employment Law, Facebook, Maryland, password, Privacy, Social Media
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Plug or Perish
The Internet continues to generate localized forums for businesses and professionals to interface with the public and each other. For example, FVLD Founding Member Vance Liebman was recently profiled by LinkedLocalNetwork, as a “different kind of lawyer”. Vance also can be … Continue reading
Posted in FVLD
Tagged attorneys, CEOIntroNet, Funkhouser Vegosen Liebman & Dunn, FVLD, LinkedLocalNetwork, Social Media, Vance Liebman
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SEC: “Like” Button Could Violate Securities Rules
The SEC starts off 2012 by cracking down on investment advisers using social media to sell phony securities or commit other frauds. First, the agency instituted proceedings against a Lyons, Illinois man accused of offering $500 billion in fictitious securities … Continue reading
Posted in Advertising, Employment, Fraud
Tagged Anthony Fields, broker-dealers, FINRA, Fraud, investment advisers, LinkedIn, NFA, RIA, SEC, securities, Social Media
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Plug or Perish: Social Media for Financial Firms
FVLD attorneys Jeffrey Kopiwoda and Seth Stern wrote a guest post for the Propel Growth Blog about the numerous legal concerns facing financial firms using social media, including NFA and FINRA regulations that impose obligations beyond those affecting other businesses. … Continue reading
Posted in Advertising, Blogging, Employment
Tagged Advertising, CFTC, financial firms, FINRA, futures, introducing brokers, NFA, regulations, Social Media, traders
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Screening Job Applicants on Facebook
Our Firm has written about the risks of screening job applicants via social media but recent reports indicate that employers are willing to take their chances. A new survey offers insight on how employers are using social media to screen job applicants. … Continue reading
Posted in Employment
Tagged Employment, Facebook, FTC, job applicants, screening, Social Intelligence, Social Media
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Answer Critics Without Landing in Court
A recent Maritz Research poll found that social media users are not just venting when they take to the internet to complain about overcooked dinners and rude cashiers. They expect a response. The poll shows that 83 percent of Twitter … Continue reading
Posted in Advertising, Defamation, Employment
Tagged Advertising, Complaints, Defamation, Employment, Maritz, Reviews, Social Media, Twitter, Yelp
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NLRB Orders Reinstatement of Fired Nonunion Facebook Posters
The National Labor Relations Board (NLRB) is continuing its campaign against employers who retaliate against employees for social media posts complaining about their jobs. This time the NLRB charged a nonunion nonprofit corporation, Hispanics United of Buffalo, Inc., which fired … Continue reading
Court: LinkedIn Want Ad did not Breach Non-Solicitation Agreement
Posting a job want ad on a publicly available social media site does not put a company at risk of breaching a non-solicitation agreement, according to an Indiana appellate court. The parties in Enhanced Network Solutions Group, Inc. v. Hypersonic … Continue reading
Plug or Perish
HR Advisor recently featured Damon Dunn’s article, “Social Media Policies: Walking a Tightrope” (.pdf). The article provides a more extensive analysis of the “Facebook Firing” case, previously discussed on Post or Perish, where the National Labor Relations Board (NLRB) found … Continue reading
Posted in Employment, FVLD
Tagged Damon Dunn, Employment Law, Facebook, FVLD, NLRA, NLRB, Social Media
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NLRB Attempts to Clarify its Regulation of Social Media
A National Labor Relations Board (NLRB) Advice Memorandum recently opined (.pdf) that an Arizona newspaper did not violate the National Labor Relations Act (NLRA) when it fired a reporter for a series of allegedly inappropriate Tweets. The NLRA protects employees … Continue reading
