Archive | Legal and Regulatory

Social Media Policies Needed More for Managers Than Employees

While nearly every organization has a social media policy today, most social media policies ignore the greatest business risk to their organization from social media: managers. The simple reality is that landmark law suits or sanction brought against employers in the past couple of years have resulted from the actions of a manager, not an […]

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NLRB Says Employers Can’t Discipline Employees for Social Posts

According to the National Labor Relations Board, companies can not discipline workers who post criticisms on social-networking sites. The New York Times reports that the National Labor Relations Board agreed Monday to settle a case with a company that fired an employee after she posted disparaging remarks about a supervisor on her Facebook page from […]

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Does Your Social Media Policy Cover Listening Ethics?

Does your social media policy tell your employees the boundaries they should stay within when hiring social listening, monitoring or mining vendors? Probably not, but it definitely should. None of the policies in my database of more than 150 policies, templates and guidelines provide guidance to employees on the ethical use of social listening, harvesting, […]

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FTC Takes Action Against PR Firm for Deceptive Product Reviews by Employees

Thanks to Constantin at Converseon (my employer) for pointing me to the recent actions by the FTC against the public relations firm, Reverb Communications, for using employees to post fake positive reviews for their video game clients during November 2008 – May 2009. According to the FTC, “These postings did not disclose the compensated nature […]

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Disney Insider Trading Raises Questions for Social Media, IT Security and Corporate Counsel

The following information is summarized from a conversation on the Martindale-Hubbell Connected network for legal professionals. Thanks to Virgina Henschel, Rob Robinson, Mike Mintz and Steven Weinberger for their contributions and insights. On May 26 of this year, the SEC filed a complaint against an administrative assistant at The Walt Disney Company and her boyfriend, […]

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Your Social Media Policy Will Not Trump Attorney-Client Privilege (in NJ)

This post summarizes a conversation occurring on the Martindale-Hubbell® Connected professional network for lawyers. On March 30, the New Jersey Supreme Court decided that companies do not have the right to access employee’s attorney-client email communications if accessed on a personal, password-protected e-mail account using the company’s computer system. In fact, sending and receiving such […]

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Snooping in Social Media Can Send Managers to Jail

Last October, the federal district court in New Jersey upheld a jury decision to hold Hillstone Restaurant Group liable for violations of the Stored Communications Act and New Jersey’s parallel electronic surveillance statute after managers of the restaurant fired two employees due to content the Managers found in a private MySpace group created by the […]

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How to Handle FTC Disclosure Requirements

As most of you know, the FTC recently made advertisers liable for affiliates who fail to disclose their relationship to the advertiser and employers liable for employees who make false or unsubstantiated statements in social media regarding the company’s products or services.  In fact, many folks are surprised to learn that their participation in the […]

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