Tag Archives: social media

Illinois Court Protects Identity of Anonymous Online Speaker

By Evan Brown on February 10, 2013 Posted in Digital Evidence and E-Discovery, Privacy Law

Brompton Bldg., LLC v. Yelp!, Inc., 2013 WL 416185 (Ill.App. 1 Dist. January 31, 2013) The Appellate Court of Illinois has affirmed a trial court’s dismissal of the petition that an aggrieved real estate owner filed to discover the identity of a tenant who was badmouthing the petitioner’s rent-collection practices. The decision is a win… Continue Reading

FTC Report: Mobile Apps For Kids Not Making The Grade (NOTE: Not Just A Privacy Report)

By Jamie Rubin on December 19, 2012 Posted in Advertising Law, Behavioral Advertising, Children's Privacy, Marketing, PII, Privacy Law, Social Networking, Uncategorized

On December 10, 2012, the FTC released a follow-up to its February 2012 report on mobile apps for kids. The February 2012 report found that little or no information was available to parents about the privacy practices of the mobile apps the FTC surveyed on Apple’s App Store and Google’s Android Market. The FTC’s follow-up report finds… Continue Reading

NLRB Issues Report on Employer Social Media Policies

By Heather Nolan on June 25, 2012 Posted in Enforcement

The National Labor Relations Board (“NLRB”) recently issued another report analyzing provisions of six different employer social media polices. As we have previously discussed, these periodic NLRB reports provide guidance for how to draft and apply policy provisions that attempt to restrict or guide employees’ use of social media. Specifically, in the latest report, among… Continue Reading

NLRB Issues Second Report Reviewing Social Media Enforcement Actions

By Shannon Harell on January 30, 2012 Posted in Enforcement

On January 25, 2012 the National Labor Relations Board (“NLRB”) Office of the General Counsel released a report summarizing fourteen cases that were before the NLRB concerning the “protected and/or concerted nature of employees’ social media postings and the lawfulness of employers’ social media policies and rules” (“Report”). The Report followed up on an earlier report… Continue Reading

The Legal Implications of Social Networking Part Three: Data Security

By David Navetta on January 9, 2012 Posted in Social Networking

In 2011, InfoLawGroup began its “Legal Implications” series for social media by posting Part One (The Basics) and Part Two (Privacy). In this post (Part Three), we explore how security concerns and legal risk arise and interact in the social media environment.
There are three main security-related issues that pose potential security-related legal risk. First, to the extent that employees are accessing and using social media sites from company computers (or increasingly from personal computers connected to company networks or storing sensitive company data), malware, phishing and social engineering attacks could result in security breaches and legal liability. Second, spoofing and impersonation attacks on social networks could pose legal risks. In this case, the risk includes fake fan pages or fraudulent social media personas that appear to be legitimately operated. Third, information leakage is a risk in the social media context that could result in an adverse business and legal impact when confidential information is compromised.

Twitter Followers = Trade Secrets?

By Tanya Forsheit on January 6, 2012 Posted in Social Networking

Phonedog v. Kravitz, currently pending in the Northern District of California, raises unprecedented issues regarding social media. Is a list of Twitter followers protected as trade secret under California law? What is the value of a Twitter follower? $2.50 per month? I discussed these questions today with Fox News.

NLRB Holds “Facebook” Firing Justified on Alternative Grounds, but Finds Policy Unlawful

By Boris Segalis on November 3, 2011 Posted in Enforcement, Workplace Privacy

As we have discussed on our blog, the National Labor Relations Board (NLRB) has continued a campaign of enforcement actions against employers who, according to the NLRB, have unlawfully terminated employees for discussing working conditions on social media. As we reported, in the first of such “Facebook” enforcement actions to come before an NLRB administrative judge, the employer was ordered to reinstate five employees and to pay back their wages.
On September 28, 2011, in the second “Facebook” case to reach an NLRB administrative judge, an employer was found to have been justified in terminating an employee car salesman for Facebook postings that mocked the employer and did not concern working conditions

The Legal Implications of Social Networking Part Two: Privacy

By David Navetta on October 17, 2011 Posted in Social Networking

As social media and networking continue to revolutionize modern-day marketing and become the norm for organizations of all types, shapes and sizes, it is even more important to adequately address the legal risks associated with social media use. In Part One of our Legal Implications series, we laid out some background and identified key areas of legal risk. In the next few posts InfoLawGroup is going to look deeper at some of these risks. In this post we explore some of the privacy legal issues that companies should address if they want to leverage social media.

Nonprofit Must Rehire Employees Axed for Facebook Complaints

By InfoLawGroup LLP on September 8, 2011 Posted in Enforcement

In the first decision of its kind, a National Labor Relations Board (“NLRB” or the “Board”) Administrative Law Judge recently ruled on September 2, 2011 that a nonprofit organization unlawfully discharged employees for complaining about their jobs on Facebook. As we have previously discussed on our blog, the NLRB has been very aggressive in enforcing employees’… Continue Reading

NLRB Report Reviews Social Media Enforcement Actions

By Boris Segalis on August 31, 2011 Posted in Enforcement

On August 18, 2011, the Associate General Counsel of the National Labor Relations Board (“NLRB” or the “Board”) issued a report analyzing the Board’s recent social media enforcement actions. The report seeks to provide guidance to employers that want to ensure that their social media policies appropriately balance employee rights and company interests.

Financial Industry Gets New Guidance on the Use of Social Media

By Heather Nolan on July 28, 2011 Posted in Social Networking

Banks and other financial institutions face unique issues when it comes to the use of social media. Faced with conflicts between social media platform rules, customer expectations, self-regulatory standards, and the strict regulations that govern the industry, guidance has been needed. The industry received some of that guidance recently through a whitepaper issued by BITS, the technology arm of The Financial Services Roundtable whose members are 100 of the largest financial institutions in the U.S.
The report addresses the compliance, legal, operational, and reputational risks – and related mitigation strategies – of using social media in connection with a financial or banking operation. Regarding compliance, the report discusses the myriad of compliance areas relevant to banks, including marketing, privacy and security. For example, because social media web sites and web activities are deemed advertising by regulators, the report warns of the risks of failing to comply with various marketing laws and regulations applicable to the banking industry, including state Unfair and Deceptive Acts or Practices Acts and Prize and Gift Acts, as well as others that require additional steps for financial institutions, such as Truth in Lending, Truth in Savings, and FDIC membership rules. The paper predicts even stronger and more subjective requirements to come under the Dodd-Frank Wall Street Reform and Consumer Protection Act. Risks of non-compliance vary widely – from litigation and reputation risk, regulatory enforcement actions and in some cases civil money penalties.

The Legal Implications of Social Networking: The Basics (Part One)

By David Navetta on June 11, 2011 Posted in ECPA, Social Networking

Much like the “Cloud computing revolution” there is an almost frenzied excitement around social media, and many companies are stampeding to exploit social networking. The promise of increased intimate customer interactions, input and loyalty, and enhanced sales and expanded market share can result in some organizations overlooking the thorny issues arising out of social networking. Many of these issues are legal in nature and could increase the legal risk and liability potential of an organization employing a social media strategy.
In this multi-part series the InfoLawGroup will identify and explore the legal implications of social media. This series will help organizations begin to identify some of the legal risks associated with social media so that they may start addressing and mitigating these risks while maximizing their social media strategy.
In Part One of the series, we will provide a high level overview of the legal risks and issues associated with an organization’s use of social media. In subsequent parts members of the InfoLawGroup team will take a deeper dive into these matters, and provide some practical insight and strategic direction for addressing these issues. As always, we view our series as the beginning of a broader conversation between ourselves and the larger community, and we welcome and strongly encourage comments, concerns, corrections and criticisms.

Facebook Firing III — NLRB Strikes Twice in May!

By Boris Segalis on May 26, 2011 Posted in Enforcement

Yesterday, we reported that the National Labor Relations Board (NLRB) took enforcement action on May 9, 2011 against against Hispanics United of Buffalo, a nonprofit organization that provides social services to low income clients, for firing employees over Facebook comments. The NLRB announced today that it took yet another "Facebook firing" enforcement action on May… Continue Reading

Another Facebook Firing Enforcement Action Brought by NLRB

By Boris Segalis on May 24, 2011 Posted in Enforcement

We previously reported on our blog that a Connecticut ambulance company settled the National Labor Relations Board’s (NLRB’s) allegations that the company violated an employee’s federal rights by firing her for criticizing a manager on Facebook. The NLRB continues its enforcement blitz with another Facebook firing complaint.

District Ct. Holds Use of Facebook at Work Does Not Violate the CFAA

By Richard Santalesa on May 16, 2011 Posted in Computer Fraud and Abuse Act (CFAA), Workplace Privacy

Every now and then I wonder what goes through the mind of some litigation parties and their respective attorneys. Case in point the ongoing case of Wendi J. Lee v. PMSI, Inc., 8:10-cv-2904, out of the U.S. Middle District of Florida within the 11th Circuit Court of Appeals. Ms. Lee filed suit against PMSI, her… Continue Reading

FTC Takes a Big Step in Privacy Enforcement with Google Buzz Settlement

By Boris Segalis on April 6, 2011 Posted in Enforcement, Information Security

The Google Buzz settlement that the Federal Trade Commission announced on March 30, 2011 is the latest in the line of the Commission’s numerous Section 5 actions related to privacy and data security violations. The Google Buzz settlement, however, is unique in several important ways. The settlement represents (i) the first FTC settlement order has requires a company to implement a comprehensive privacy program to protect the privacy of consumers’ information, and (ii) the Commission’s first substantive U.S.-EU Safe Harbor framework enforcement action. Let’s dive in (make sure to read the “Action Item” at the conclusion of the post!).

InfoLawGroup’s Boris Segalis Interviewed by Fox Live on NLRB Facebook Firing Settlement

By Boris Segalis on February 9, 2011 Posted in Enforcement

Yesterday we wrote on our blog about the NLRB’s Facebook firing settlement. I was interviewed on Fox Live this morning about the case, its implications for employees and businesses, and other developments in workplace privacy. You can view the clip at http://video.foxnews.com/v/4531424/facebook-firing-case-settlement/?playlist_id=87937

Employer Settles Facebook Firing Suit with NLRB

By Boris Segalis on February 8, 2011 Posted in Enforcement, Workplace Privacy

The National Labor Relations Board (NLRB) has announced that settlement has been reached in the closely watched Facebook firing suit brought by the agency.
We have previously reported on our blog that the NLRB filed an administrative complaint against a Connecticut ambulance company alleging that the company violated an employee’s federal rights by firing her for criticizing a manager on Facebook. In the complaint, the NLRB took the position that union and non-union employees have a right to criticize their employers, management or working conditions, and cannot be punished for engaging in such protected activity. The NLRB also alleged that the company maintained overly-broad rules in its employee handbook regarding blogging, Internet posting, and communications between employees. The complaint asserted that an employee’s right to criticize the employer and management is an extension of the federal right to discuss unionization and form unions.