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
In 2012, California took significant steps to increase privacy protections for users of mobile applications (apps) which involved working with companies such as Amazon, Apple, Facebook, Google, Hewlett-Packard, and Microsoft. In July 2012, the Attorney General created the Privacy Enforcement and Protection Unit, with the mission of protecting the inalienable right to privacy conferred by the … Continue Reading
John A. Snyder posted this article on the Jackson Lewis Non-Compete and Trade Secret Report blog about a dispute involving ownership of a Twitter account.… Continue Reading
As a growing number of states pass laws to restrict employers from gaining access to employees’ personal social media accounts, what employees post in social media can be critical evidence in employment-related investigations and litigations. Check out my partner J. Gregory Grisham’s recent article in HR Professionals Magazine discussing a recent Sixth Circuit decision concerning this issue … Continue Reading
California AG begins enforcing the state's Online Privacy Protection Act which requires commercial operators of online services, including websites and mobile and social apps, that collect personally identifiable information from Californians to conspicuously post a privacy policy.… Continue Reading
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
New Jersey may become fourth state, following Maryland, Illinois and California, to place limits on employers' ability to access the social media accounts of employees and applicants.… Continue Reading
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
Two New Jersey defense lawyers face attorney ethics charges in connection with the way they allegedly accessed Facebook. Regardless of how these charges are resolved, the facts in the case should serve as a reminder to attorneys to become more familiar with social media, and perhaps be more specific in the direction they give to … Continue Reading
California moves one step closer to becoming third state to significantly limit when employers could ask employees and job applicants for social media passwords and account information… Continue Reading
The District Court of New Jersey recently denied an employer’s motion to dismiss a former employee’s causes of action for invasion of privacy following a supervisor’s alleged unauthorized access to the employee’s Facebook account. In Ehling v. Monmouth-Ocean Hospital Service Corp., the plaintiff, a registered nurse and paramedic, alleged that the defendants engaged in a pattern … Continue Reading
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
Employee's intrusion upon seclusion claim fails despite argument that he did not realize his employer could view the Facebook posts he made to a co-worker's Facebook wall.… Continue Reading
Today, the NLRB‘s Acting General Counsel posted a third report regarding social media issues which have been brought to the agency. The cases discussed in this report should provide further guidance to employers struggling with developing strategies for using social media in their business, developing employee policies regulating activity in social media, and enforcing those policies. … Continue Reading
Illinois next in the line of states seeking to prohibit employers from asking employees and applicants for their Facebook and other social media passwords.… Continue Reading
A Virginia district court recently held that an employee’s clicking of the Facebook “like” button is not comparable to speech. Accordingly, the court affirmed the dismissal of First Amendment retaliation claims brought by employees of a Virginia sheriff’s office finding that the employees’ action was insufficient to merit constitutional protection. Sheriff B.J. Roberts of the Hampton, Virginia … Continue Reading
California Assembly moves bill (voting 73-0) that would make California the second state behind Maryland to prohibit employers from demanding social media passwords.… Continue Reading
