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

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 California AG Begins Enforcing the State’s Online Privacy Protection Act for Websites, Aps

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

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

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 California Bill to Prohibit Employers from Requiring Social Media Passwords (AB 1844) Heads to Governor Brown

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