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The Legal Implications of Social Networking Part Three: Data Security

By InfoLawGroup LLP on January 09, 2012

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.

Facebook, FTC, privacy, privacy notice, social media, social network, twitter

The Legal Implications of Social Networking Part Two: Privacy

By InfoLawGroup LLP on October 17, 2011

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.

Boris Segalis, concerted activity, employee privacy, InfoLawGroup, information law group, NLRA, NLRB, privacy, privacy enforcement, Section 7, social media, social network

NLRB Report Reviews Social Media Enforcement Actions

By InfoLawGroup LLP on August 31, 2011

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.

advertising, copyrights, defamation, disparagement, Facebook, Facebook twitter LinkedIn defamation disparagement intellectual property trad..., intellectual property, LinkedIn, NRLA, NRLB, privacy, Security, social media, social network, social network social media security privacy advertising ECPA Stored Communic..., Stored Communications Act, trademark, twitter

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

By InfoLawGroup LLP on June 11, 2011

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.

Boris Segalis, Buzz, Consent Order, Consumer Protection, data protection, data security, Federal Trade Commission, FTC, FTC Act, Google, Google settlement, InfoLawGroup, information law group, information security, personal information, privacy, privacy assessment, privacy by design, privacy enforcement, risk assessment, Safe Harbor, social media, social network

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

By InfoLawGroup LLP on April 06, 2011

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!).

Confidentiality agreements, intellectual property, NDA, nondisclosure agreements, standards, trade secrets, uniform trade secrets act, UTSA

NDAs: Worth the Effort?

By W. Scott Blackmer on November 16, 2009

In business or technical discussions with potential investors, customers, suppliers, licensors, franchisees, or joint venture partners, it is often very difficult to determine how much needs to be disclosed and exactly who "owns" which information and ideas. Were the parties just brainstorming? Did they independently develop a similar approach to a problem? Litigation over NDAs can be costly, public, and ultimately unsatisfactory to the party claiming a breach, especially if it is hard to prove the intended scope of the agreement and the actual source of information. When is it worthwhile using NDAs, and how can they be made more effective?

data security, e-commerce, InfoLawGroup, information technology, InformationLawGroup, intellectual property, privacy, welcome

Welcome! The InformationLawGroup is Here

By InfoLawGroup LLP on October 05, 2009

We are thrilled to announce the official launch of the InformationLawGroup! The InformationLawGroup is a group of attorneys that love the law and technology. We concentrate on legal issues concerning privacy, data security, information technology, e-commerce and intellectual property. We are a full service firm addressing a broad spectrum of matters, including transactions, compliance, breach notice and incident response and litigation. We come together today after many years in large law firm and in-house roles. We are seasoned attorneys, including former "BigLaw" lawyers, smaller practitioners with clearly defined expertise and reputation in the field, and former in-house lawyers with specific information law experience and talent. These factors result in greatly increased efficiency and better results at a significantly lower price for the firm's clients. So who are we? Read more after the jump.