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Workplace Privacy, Data Management & Security Report

Tag Archives: media

Twitter Bio At Issue In NFL Arbitration

As reported by ESPN, Jimmy Graham‘s Twitter bio could play a crucial role in the National Football League (“NFL”) arbitration hearing between the New Orleans Saints and Graham. For those unfamiliar with the story, the New Orleans Saints placed a tight-end franchise tag on Graham.  Under the tag, Graham must be offered a one-year contract for an amount no… Continue Reading

Florida Social Media Bill Dies In Committee

As we previously reported, the Florida legislature was considering joining numerous other states which have banned employers from requesting or requiring access to current or prospective employees’ social media accounts. Senate Bill SB198, which was entitled “An Act Relating to Social Media Privacy,” has died in committee.  As such, Florida will not be joining the… Continue Reading

Fulbright’s Litigation Survey Addresses Privacy in the Age of Social Media and Mobile Devices

Norton Rose Fulbright recently released the results of their 9th annual litigation trends survey.  The Fulbright survey reflects information collected from 392 in-house attorneys; including 82% identifying themselves as general counsel and 14% as head of litigation. Additionally, the companies responding to the survey represent virtually all industries, include entities of all sizes, and are almost evenly split… Continue Reading

Student Files Suit After Tweet Lands Her In Hot Water

A New Jersey student has filed a federal court lawsuit, H.W. v. Sterling High School District, alleging that she has been subject to disability discrimination and that her First Amendment rights have been violated. The student, known only as H.W. in court papers, was banned from the prom, senior trip, and the school’s commencement ceremony following… Continue Reading

EEOC To Discuss Social Media’s Impact On The Workplace

The U.S. Equal Employment Opportunity Commission (EEOC) just announced they will be holding a meeting on March 12, 2014 to discuss the use of social media in the workplace and its impact on the enforcement of equal employment opportunity laws.  According to the EEOC’s announcement, the participants will address a range of issues, including recruitment… Continue Reading

Deletion of Facebook Page = Spoliation

A New Jersey District Court has sanctioned a personal injury plaintiff for spoliation following the plaintiff’s deletion of his Facebook account which defendants were trying to access.   The defendant’s discovery requests asked for documents or records of “wall posts, comments, status updates or personal information posted or made by plaintiff on Facebook and/or any social… Continue Reading

LinkedIn Account at Center of Lawsuit

Here is a link to a post on our sister blog Non-Compete and Trade Secrets Report entitled LinkedIn Account at Center of Lawsuit.  The case involves a dispute over control of a LinkedIn account between a company and its former President. The litigation may portend more disputes between employers and employees over social media accounts… Continue Reading

Federation of State Medical Boards Issues Guidelines for Use of Social Media in Medical Practice

The Federation of State Medical Boards (FSMB) recently adopted model policy guidelines for the appropriate use of social media and social networking in a medical practice. The model policy guidelines can be viewed here. In its findings, the FSMB reports that 67 percent of 4,000 physicians surveyed use social media for professional purposes and that research indicates 35… Continue Reading

Recruiter Misuse of Social Media Can Increase Risk of Liability

Recruiters are increasingly turning to social media to screen and recruit candidates. Jobvite’s 2012 Social Recruiting Survey found that 92% of respondents plan to use social media for recruiting.  Often, recruiters are viewing and considering information that should not be utilized in the hiring process.  LinkedIn is replete with information that should not be considered when… Continue Reading

The Social Media Manager/Guru/Wizard/Ninja/Diva

Have you hired a social media manager?  A social media guru/wizard/ninja/diva?  Each of these job "titles" are increasingly being used by companies to attract individuals who specialize in marketing a company’s brand and/or services in social media.  A recent article in the Chicago Tribune and Los Angeles Times highlights just how prevalent these job titles are… Continue Reading

Referencing Social Media in Non-disparagement Clauses

Confidentiality and non-disparagement clauses are customary in settlement agreements and severance contracts in the employment law context. These days, however, the temptation can be irresistible for disgruntled former employees to trash their former employer on social media sites like Facebook, Twitter, or LinkedIn, on blogs, by text or e-mail or other electronic means. In the 1800s,… Continue Reading