In honor of Data Privacy Day, we provide the following “Top 10 for 2016.” While the list is by no means exhaustive, it does provide some hot topics for organizations to consider in 2016. EU/U.S. Data Transfer (status of Safe Harbor). On October 6, 2015, the Court of Justice of the European Union (CJEU) ruled … Continue Reading
You’ve spent extensive time and effort, not to mention money, establishing your company’s reputation only to have the company defamed or disparaged anonymously online. This is a scenario which many organizations face in today’s virtual marketplace. As a recent decision by the Delaware Superior Court illustrates, dealing with these types of issues is often difficult … Continue Reading
As we have previously reported, a growing list of jurisdictions have enacted social media privacy laws applicable to employers. The most recent state to join the list is Maine, which brings the total to 22 states having enacted similar measures. Under Maine’s law, an employer may not: Require or coerce an employee or applicant to disclose … Continue Reading
Earlier this month, legislators in Montana gave final approval to H.B. 342 which would limit an employer’s ability to access the personal social media accounts of applicants and employees. The bill now goes to Governor Steve Bullock’s (D) office for consideration. If signed, Montana would join become the most recent state to join the list … Continue Reading
Recently, Virginia Gov. Terry McAuliffe (D) signed a bill that limits employer access to the personal social media accounts of employees and job applicants. The law, which takes effect on July 1, 2015 prohibits employers in Virginia from requiring, requesting, or causing a current or prospective employee to disclose the username and password to the individual’s social … Continue Reading
As we previously reported, sending a “friend” request to access information on an individual’s Facebook page that is not publicly available may have serious ethical implications. Specifically, the New Jersey Office of Attorney Ethics (OAE) alleges John Robertelli and Gabriel Adamo violated the Rules of Professional Conduct, including those governing communications with represented parties, when they caused a paralegal to … Continue Reading
In honor of National Data Privacy Day, we provide the following “Top 15 for 2015.” While the list is by no means exhaustive, it does provide some hot topics for businesses to consider in 2015. Inside Threats for Healthcare Providers and Business Associates. While news reports of security risks often focus on hackings and breaches … Continue Reading
As previously reported, in a March 2014 filing titled H.W. v. Sterling High School District, a New Jersey high school student filed suit claiming school officials had violated her constitutional rights when they punished her for content she posted on Twitter which criticized Sterling High School’s principal. The settlement, which was approved by the Sterling … Continue Reading
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
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
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
The U.S. Department of Health and Human Services, Food and Drug Administration (FDA) recently issued draft guidance entitled “Guidance for Industry-Fulfilling Regulatory Requirements for Postmarketing Submissions of Interactive Promotional Media For Prescription Human and Animal Drugs and Biologics.” The draft guidance is intended to describe the FDA’s current thinking about how manufacturers, packers, and distributors (firms) … Continue Reading
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
The Florida District Court of Appeal, Second District quashed an order requiring the mother of a vehicle accident victim to produce copies of certain postings on her Facebook account. In Root v. Balfour Beatty Constr., LLC, the plaintiff, Tonia Root (“plaintiff”) filed a negligence suit against the city and its contractors following an accident where her … Continue Reading
In honor of National Data Privacy Day, we provide the following “Top 14 for 2014.” While the list is by no means exhaustive, it does provide critical areas businesses will need to consider in 2014. Location Based Tracking. As the utilization of GPS enable devices becomes more and more prevalent, employers are often faced with … Continue Reading
The Federal Financial Institutions Examination Counsel (FFIEC) recently issued supervisory guidance entitled “Social media: Consumer Compliance Risk Management Guidance.” Financial institutions are expected to use the Guidance in their efforts to ensure that their policies and procedures provide oversight and controls commensurate with the risks posed by their involvement in social media. The Guidance was … Continue Reading
The Florida Senate is considering joining a multitude of states which have banned employers from requesting or requiring access to current or prospective employees’ social media accounts. Senate Bill SB198, entitled “An Act Relating to Social Media Privacy,” would prohibit employers from requiring or requesting access to employee or applicant social media accounts and from … Continue Reading
As we have previously anticipated, yesterday New Jersey joined the multitude of other states which have enacted laws limiting employer access to employee social media accounts. The law prohibits employers from requesting or requiring a current or prospective employee to provide or disclose any user name or password, or in any way provide the employer access to, … Continue Reading
Today's Pew Research Center report that 72% of online adults use social networking sites, a significant increase since 2005, should spur more employers to address social media in the workplace.… Continue Reading
In a case reflecting the challenges faced by institutions of higher education in trying to prevent violence on campus, a judge in the U.S. District Court for the Eastern District of Pennsylvania declined to dismiss claims against Widener University by a former student under the Electronic Communications Privacy Act (ECPA) and the Stored Communications Act (SCA) for accessing the student’s Facebook account without permission. … Continue Reading
Our colleague John A. Snyder writes on our non-compete blog about the case of Eagle v. Morgan, No. 11-403 (E. D. Pa. March 12, 2013) in which the plaintiff sued her former employer for misappropriating her LinkedIn account and was awarded zero damages.… Continue Reading
