The document discusses legal issues related to monitoring employees' social media use in California. It provides best practices for conducting background checks on social media sites, guidelines for when discipline or refusal to hire based on social media is allowed, important issues to address in a social media policy, and what frontline managers need to know to avoid legal issues when policing social media use. The document outlines privacy rights, discrimination laws, whistleblower protections and other regulations that California employers must follow regarding social media and online activities.
Energy Audit Retrofit Contract Legalities PittfallsAmy Shriner
This document discusses legal issues related to social media use by employers and employees. It outlines various risks including damage to reputation, liability, disclosure of confidential information, and disputes over ownership of social media accounts. The document also examines potential legal claims involving discrimination, privacy concerns, National Labor Relations Act issues, and intellectual property. It emphasizes the importance of preserving social media evidence and complying with industry regulations regarding document retention.
Social Media Privacy Laws and Legal LiabilitiesTommy Hobin
The document summarizes potential legal liabilities and lessons learned regarding social media use. It discusses who may be liable for social media content, various regulatory and privacy considerations, and crafting policies for employees and websites. Employment issues and how social media use can raise concerns around discrimination, harassment, and privacy are also covered.
Social Media in the Workplace and BeyondAlexNemiroff
This document summarizes key legal issues related to social media use in the workplace. It discusses what constitutes social media, how much time employees spend on social media sites during work hours, and both employee and employer views on social media monitoring. It outlines legal risks for employers, such as negligent hiring, discrimination, and reputational harm. It also discusses constraints on employee discipline related to social media use and privacy issues concerning employee monitoring.
Presentation by Sara Meaney, co-owner of Comet Branding, a PR+Social Media agency, and Kelly Twigger, owner of ESI Attorneys on the legal implications of social media given at BizTech 2010 in Milwaukee, Wisconsin on April 30, 2010.
Social Media Law: The Legal Do's and Don'ts of Social MediaShawn Tuma
This presentation provides an overview of social media law, that is, the legal issues involved in using social media. The presentation provides practical examples of how those issues come about in the business world and provides ways to minimize the risks associated with those issues, including the use of social media policies.
Social Media Law: It is Real, and, Yes, It Really Can Impact Your Business - ...Shawn Tuma
This legally focused MENGinar will educate you on the risks of using Social Media along with other digital businesses. It will provide ways to help highlight:
What is social media law?
What are the more common legal issues related to businesses using social media?
How social media law can impact businesses?
What can be done to minimize the risks of those potential legal problems related to using social media?
Do the potential issues raised by using social media mean that it is better for my company to not use social media?
Shawn Tuma is a partner at the law firm BrittonTuma, a full service boutique business law firm that helps clients with all civil matters, including a full range of transaction, litigation, technology, and general counseling services. Shawn’s own broad based experience centers on business, technology, civil litigation, intellectual property litigation, and a unique expertise with cutting-edge legal issues such as computer fraud, information security, and cyber and information law.
Shawn is a frequent speaker on digital business risk issues such as computer fraud, data security, and social media law.
A presentation addressing the legal implications of social media.. These issues include privacy, copyright, trademark, and trade secrets issues for employers, employees and ISPs, as well as the SPAM Act and FTC rules. ALL RIGHTS RESERVED. Contact me at dsaper [at]saperlaw.com if you'd like to use the presentation or if you have any questions.
This document discusses various legal and ethical issues related to using social media as a lawyer. It addresses topics such as attorney-client relationships, client confidentiality, trial publicity, fee splitting, cloud storage of client files, ex parte communications, and relationships with judges and jurors on social media. The document also covers privacy laws, liability for user-generated content, cybersecurity, laws regarding minors and social media, and ethical guidelines for attorneys' use of social media.
Energy Audit Retrofit Contract Legalities PittfallsAmy Shriner
This document discusses legal issues related to social media use by employers and employees. It outlines various risks including damage to reputation, liability, disclosure of confidential information, and disputes over ownership of social media accounts. The document also examines potential legal claims involving discrimination, privacy concerns, National Labor Relations Act issues, and intellectual property. It emphasizes the importance of preserving social media evidence and complying with industry regulations regarding document retention.
Social Media Privacy Laws and Legal LiabilitiesTommy Hobin
The document summarizes potential legal liabilities and lessons learned regarding social media use. It discusses who may be liable for social media content, various regulatory and privacy considerations, and crafting policies for employees and websites. Employment issues and how social media use can raise concerns around discrimination, harassment, and privacy are also covered.
Social Media in the Workplace and BeyondAlexNemiroff
This document summarizes key legal issues related to social media use in the workplace. It discusses what constitutes social media, how much time employees spend on social media sites during work hours, and both employee and employer views on social media monitoring. It outlines legal risks for employers, such as negligent hiring, discrimination, and reputational harm. It also discusses constraints on employee discipline related to social media use and privacy issues concerning employee monitoring.
Presentation by Sara Meaney, co-owner of Comet Branding, a PR+Social Media agency, and Kelly Twigger, owner of ESI Attorneys on the legal implications of social media given at BizTech 2010 in Milwaukee, Wisconsin on April 30, 2010.
Social Media Law: The Legal Do's and Don'ts of Social MediaShawn Tuma
This presentation provides an overview of social media law, that is, the legal issues involved in using social media. The presentation provides practical examples of how those issues come about in the business world and provides ways to minimize the risks associated with those issues, including the use of social media policies.
Social Media Law: It is Real, and, Yes, It Really Can Impact Your Business - ...Shawn Tuma
This legally focused MENGinar will educate you on the risks of using Social Media along with other digital businesses. It will provide ways to help highlight:
What is social media law?
What are the more common legal issues related to businesses using social media?
How social media law can impact businesses?
What can be done to minimize the risks of those potential legal problems related to using social media?
Do the potential issues raised by using social media mean that it is better for my company to not use social media?
Shawn Tuma is a partner at the law firm BrittonTuma, a full service boutique business law firm that helps clients with all civil matters, including a full range of transaction, litigation, technology, and general counseling services. Shawn’s own broad based experience centers on business, technology, civil litigation, intellectual property litigation, and a unique expertise with cutting-edge legal issues such as computer fraud, information security, and cyber and information law.
Shawn is a frequent speaker on digital business risk issues such as computer fraud, data security, and social media law.
A presentation addressing the legal implications of social media.. These issues include privacy, copyright, trademark, and trade secrets issues for employers, employees and ISPs, as well as the SPAM Act and FTC rules. ALL RIGHTS RESERVED. Contact me at dsaper [at]saperlaw.com if you'd like to use the presentation or if you have any questions.
This document discusses various legal and ethical issues related to using social media as a lawyer. It addresses topics such as attorney-client relationships, client confidentiality, trial publicity, fee splitting, cloud storage of client files, ex parte communications, and relationships with judges and jurors on social media. The document also covers privacy laws, liability for user-generated content, cybersecurity, laws regarding minors and social media, and ethical guidelines for attorneys' use of social media.
This document summarizes challenges and opportunities that social media presents for employers. It discusses legal issues around privacy and monitoring employees' social media use. It also outlines internal challenges like discrimination and external risks like discovery of proprietary information. The document recommends that employers develop social media policies, get consent for background checks, and educate employees on guidelines.
Legal Aspects Relating to Social Media in the WorkplaceBrian Bluff
This presentation addresses legal issues companies must deal with when considering participating in social media. By Colin M. Leonard, Esq. of Bond, Schoeneck & King, PLLC.
The document discusses the risks and legal issues involved with using social media for employment screening. It notes that information found on social media could allow employers to discern characteristics like race, religion, and family status, which could lead to discrimination claims. The document also outlines several laws like Title VII that prohibit various forms of discrimination. It concludes that using social media for screening requires proper disclosure to candidates and ensuring the information obtained is job-relevant without creating disparate impact.
Balancing an employer's right to know vs. privacy; wireless devices and employee's privacy violations; monitoring and creating policies regarding internet, email, tesxting and other electronic communications; wireless devices and employee's and employer's privacy violations; off the job behavior;
A discussion of some of the most common legal issues that arise in the "social" web environment. Given at Social Media Club Detroit's February meeting.
Collision Of My Space, Your Space And Our Space 3 11 11dabrannen2
The document discusses the rise of social media and its collision with workplace policies. It provides statistics on how social media has impacted companies, such as through data leakage and termination of employees. The document also covers legal issues around employers monitoring social media and discusses how employees have gotten into trouble for social media posts relating to work. It advises that social media use can violate laws and policies regarding privacy, discrimination, labor relations and other issues.
Turnson Point Risks and Reputation Management presentationKerry Rego
TurnsonPoint Consulting provides an introduction to legal risks in the emerging age of social media. They note that all laws apply to social media activities and that activities leave an online track record. [They summarize] potential legal issues like copyright infringement, trademark infringement, privacy violations, discrimination, reputational damage, and false advertising. The presentation emphasizes that social media requires understanding privacy policies and developing integrated strategies to manage legal risks.
10 tedesco karia social media - tedesco law group - wscff april 2014shibrah76
This document summarizes key issues regarding social media use by firefighters and other public employees. It discusses labor law rights related to employer surveillance, protected union activities, and use of employer equipment. It also covers individual employee rights regarding privacy, free speech, unreasonable searches, and off-duty conduct. Specific cases are referenced to illustrate legal principles around these topics. The document concludes by noting considerations for just cause determinations and how off-duty social media conduct can impact employment.
This document discusses several legal issues related to social media use by employers and employees. It addresses questions around who owns social media contacts created for work purposes. It also examines how information publicly available through sites like LinkedIn can weaken trade secret protection. Additionally, it covers legal protections for employee social media posts regarding working conditions and potential liability for employers in controlling such posts. The document concludes by recommending employers establish clear social media policies and guidelines to reduce litigation risks.
Social media, staff policy and law legalAdam Lewis
This document discusses social media use in the workplace and related legal issues. It begins by defining social media and listing popular platforms. It then notes that many employees access social media during work hours, costing companies productivity. The document outlines employee and employer perspectives on social media monitoring and discusses legal risks employers face, such as negligent hiring, discrimination, and reputational harm. It provides guidance on developing social media policies and monitoring employee online activities while respecting privacy and labor laws.
Managing Social Media Risks for MunicpalitiesDan Michaluk
The document discusses social media use and risks for municipalities and their employees. It outlines how off-duty employee speech on social media could negatively impact employers if it affects other employees, job performance, or the organization's reputation. The document recommends municipalities create two policies: one to guide all employees on social media use and another to license certain employees to officially communicate on behalf of the municipality. It also addresses how municipalities should handle situations where current employees are targets of negative online comments to protect workplace safety and reputation while avoiding defamation lawsuits.
Jeremy works for a government employer and uses his personal computer at work. While the employer has a policy prohibiting personal internet usage, Jeremy has been visiting pornographic websites. This could expose the employer to liability for sexual harassment if a colleague complains. As a government employee, Jeremy has some expectation of privacy for personal belongings at work, but the employer also has rights to monitor electronic communications and search without a warrant if policies are violated or laws broken. The employer should consider blocking pornographic sites and prohibiting personal computer use at work to prevent these issues.
1. Ann Jones, a pilot, believes she is being discriminated against in job assignments due to her sex and files a lawsuit.
2. The airline uses a website for employees to check assignments and participate in a message board for a small fee.
3. On the message board, Jones' coworkers begin posting harassing comments about her suit and sex. This could implicate anti-discrimination laws if the harassment is severe or pervasive enough to create a hostile work environment.
The document discusses the legal issues surrounding the use of social media by businesses and employees, providing examples of cases where businesses and employees have faced legal issues for their social media use, such as misleading conduct, defamation, and discrimination. It also recommends that businesses implement social media policies to regulate employee social media use and avoid potential legal liability.
1) Social media use by employees can pose risks to employers such as damage to reputation, disclosure of confidential information, and legal liability. 2) A survey found that some employers have terminated employees for social media policy violations such as using email or social networks inappropriately. 3) Employers should establish clear social media policies to educate employees on appropriate use and potential consequences of misuse. The policies should cover expectations for use on company time and personal time as well as examples of proper and improper online behavior.
PR 475 -- Dangers of Blogging for PR ProfessionalsBrett Atwood
The document outlines several legal risks of blogging, including:
1. Companies should establish written blogging policies and moderate all comments to avoid litigation risks such as copyright infringement, invasion of privacy, and defamation.
2. Bloggers can be sued for various torts like defamation, privacy violations, and copyright infringement depending on the content and context of their posts and comments.
3. Section 230 of the Communications Decency Act protects bloggers from being liable for defamatory comments posted by others, but they may still be responsible for content they directly select and publish.
Enterprise toronto nov 2011 - marketing in web2-0 worldCognition LLP
The document provides an overview of various legal issues related to marketing in a Web 2.0 world, including email marketing and anti-spam laws, user generated reviews, social media marketing, and trademark protection online. It notes requirements around opt-in for email marketing, potential liability for user generated content like defamatory or copyrighted material, and the importance of monitoring brands online.
This presentation is a preview of the Social Media Field Guide Masterclass.
This session was conducted in Qld in July 2011 to an AHRI group as well as the QKM forum.
Due to the response we will be returning to Qld later in the year to conduct the full master class.
Strategy development, Governance, barriers and Tools, community development first 30 - 60 - 90 days all developed around a robust process with your peers.
Contact us http://stateofchange.com.au/social-media-field-guide/
Audit Right v. No Audit Right: Common Area Expenses Allen Matkins
This document discusses tenants' rights to audit landlords' records of common area expenses. It explains that if a lease contains an audit right, then the tenant can audit expenses according to the lease terms, which may involve an accountant examining records for accuracy. Without an audit right, tenants can only verify that expenses were incurred but cannot question why. The document provides tips for landlords, noting that audits usually don't burden them and often conclude with both parties agreeing on findings after mistakes are corrected. It aims to dispel misconceptions about audits being adversarial and suggests landlords can avoid triggers for audits by controlling expense increases and changes in accounting practices.
This document summarizes challenges and opportunities that social media presents for employers. It discusses legal issues around privacy and monitoring employees' social media use. It also outlines internal challenges like discrimination and external risks like discovery of proprietary information. The document recommends that employers develop social media policies, get consent for background checks, and educate employees on guidelines.
Legal Aspects Relating to Social Media in the WorkplaceBrian Bluff
This presentation addresses legal issues companies must deal with when considering participating in social media. By Colin M. Leonard, Esq. of Bond, Schoeneck & King, PLLC.
The document discusses the risks and legal issues involved with using social media for employment screening. It notes that information found on social media could allow employers to discern characteristics like race, religion, and family status, which could lead to discrimination claims. The document also outlines several laws like Title VII that prohibit various forms of discrimination. It concludes that using social media for screening requires proper disclosure to candidates and ensuring the information obtained is job-relevant without creating disparate impact.
Balancing an employer's right to know vs. privacy; wireless devices and employee's privacy violations; monitoring and creating policies regarding internet, email, tesxting and other electronic communications; wireless devices and employee's and employer's privacy violations; off the job behavior;
A discussion of some of the most common legal issues that arise in the "social" web environment. Given at Social Media Club Detroit's February meeting.
Collision Of My Space, Your Space And Our Space 3 11 11dabrannen2
The document discusses the rise of social media and its collision with workplace policies. It provides statistics on how social media has impacted companies, such as through data leakage and termination of employees. The document also covers legal issues around employers monitoring social media and discusses how employees have gotten into trouble for social media posts relating to work. It advises that social media use can violate laws and policies regarding privacy, discrimination, labor relations and other issues.
Turnson Point Risks and Reputation Management presentationKerry Rego
TurnsonPoint Consulting provides an introduction to legal risks in the emerging age of social media. They note that all laws apply to social media activities and that activities leave an online track record. [They summarize] potential legal issues like copyright infringement, trademark infringement, privacy violations, discrimination, reputational damage, and false advertising. The presentation emphasizes that social media requires understanding privacy policies and developing integrated strategies to manage legal risks.
10 tedesco karia social media - tedesco law group - wscff april 2014shibrah76
This document summarizes key issues regarding social media use by firefighters and other public employees. It discusses labor law rights related to employer surveillance, protected union activities, and use of employer equipment. It also covers individual employee rights regarding privacy, free speech, unreasonable searches, and off-duty conduct. Specific cases are referenced to illustrate legal principles around these topics. The document concludes by noting considerations for just cause determinations and how off-duty social media conduct can impact employment.
This document discusses several legal issues related to social media use by employers and employees. It addresses questions around who owns social media contacts created for work purposes. It also examines how information publicly available through sites like LinkedIn can weaken trade secret protection. Additionally, it covers legal protections for employee social media posts regarding working conditions and potential liability for employers in controlling such posts. The document concludes by recommending employers establish clear social media policies and guidelines to reduce litigation risks.
Social media, staff policy and law legalAdam Lewis
This document discusses social media use in the workplace and related legal issues. It begins by defining social media and listing popular platforms. It then notes that many employees access social media during work hours, costing companies productivity. The document outlines employee and employer perspectives on social media monitoring and discusses legal risks employers face, such as negligent hiring, discrimination, and reputational harm. It provides guidance on developing social media policies and monitoring employee online activities while respecting privacy and labor laws.
Managing Social Media Risks for MunicpalitiesDan Michaluk
The document discusses social media use and risks for municipalities and their employees. It outlines how off-duty employee speech on social media could negatively impact employers if it affects other employees, job performance, or the organization's reputation. The document recommends municipalities create two policies: one to guide all employees on social media use and another to license certain employees to officially communicate on behalf of the municipality. It also addresses how municipalities should handle situations where current employees are targets of negative online comments to protect workplace safety and reputation while avoiding defamation lawsuits.
Jeremy works for a government employer and uses his personal computer at work. While the employer has a policy prohibiting personal internet usage, Jeremy has been visiting pornographic websites. This could expose the employer to liability for sexual harassment if a colleague complains. As a government employee, Jeremy has some expectation of privacy for personal belongings at work, but the employer also has rights to monitor electronic communications and search without a warrant if policies are violated or laws broken. The employer should consider blocking pornographic sites and prohibiting personal computer use at work to prevent these issues.
1. Ann Jones, a pilot, believes she is being discriminated against in job assignments due to her sex and files a lawsuit.
2. The airline uses a website for employees to check assignments and participate in a message board for a small fee.
3. On the message board, Jones' coworkers begin posting harassing comments about her suit and sex. This could implicate anti-discrimination laws if the harassment is severe or pervasive enough to create a hostile work environment.
The document discusses the legal issues surrounding the use of social media by businesses and employees, providing examples of cases where businesses and employees have faced legal issues for their social media use, such as misleading conduct, defamation, and discrimination. It also recommends that businesses implement social media policies to regulate employee social media use and avoid potential legal liability.
1) Social media use by employees can pose risks to employers such as damage to reputation, disclosure of confidential information, and legal liability. 2) A survey found that some employers have terminated employees for social media policy violations such as using email or social networks inappropriately. 3) Employers should establish clear social media policies to educate employees on appropriate use and potential consequences of misuse. The policies should cover expectations for use on company time and personal time as well as examples of proper and improper online behavior.
PR 475 -- Dangers of Blogging for PR ProfessionalsBrett Atwood
The document outlines several legal risks of blogging, including:
1. Companies should establish written blogging policies and moderate all comments to avoid litigation risks such as copyright infringement, invasion of privacy, and defamation.
2. Bloggers can be sued for various torts like defamation, privacy violations, and copyright infringement depending on the content and context of their posts and comments.
3. Section 230 of the Communications Decency Act protects bloggers from being liable for defamatory comments posted by others, but they may still be responsible for content they directly select and publish.
Enterprise toronto nov 2011 - marketing in web2-0 worldCognition LLP
The document provides an overview of various legal issues related to marketing in a Web 2.0 world, including email marketing and anti-spam laws, user generated reviews, social media marketing, and trademark protection online. It notes requirements around opt-in for email marketing, potential liability for user generated content like defamatory or copyrighted material, and the importance of monitoring brands online.
This presentation is a preview of the Social Media Field Guide Masterclass.
This session was conducted in Qld in July 2011 to an AHRI group as well as the QKM forum.
Due to the response we will be returning to Qld later in the year to conduct the full master class.
Strategy development, Governance, barriers and Tools, community development first 30 - 60 - 90 days all developed around a robust process with your peers.
Contact us http://stateofchange.com.au/social-media-field-guide/
Audit Right v. No Audit Right: Common Area Expenses Allen Matkins
This document discusses tenants' rights to audit landlords' records of common area expenses. It explains that if a lease contains an audit right, then the tenant can audit expenses according to the lease terms, which may involve an accountant examining records for accuracy. Without an audit right, tenants can only verify that expenses were incurred but cannot question why. The document provides tips for landlords, noting that audits usually don't burden them and often conclude with both parties agreeing on findings after mistakes are corrected. It aims to dispel misconceptions about audits being adversarial and suggests landlords can avoid triggers for audits by controlling expense increases and changes in accounting practices.
Recon 2011: Recapping New Laws from 2010 and The Who When and What to Expect...Allen Matkins
This document summarizes new laws from 2010 and previews what to expect in 2011. It discusses the Dodd-Frank Act, which regulates the financial industry, California's new expedited one-day jury trial process, and new employment laws. It provides an overview of key provisions of these new laws and their potential impact.
The document discusses planning for the 2012 conference, including reviewing the success of the 2011 conference which saw record numbers of attendees, sponsors, speakers, revenue and profit. It outlines the goals for the 2012 conference around great programming, networking, value and being profitable. The agenda covers reviewing last year, setting the schedule, and tasks and needs around the location, venue, breakouts, keynote, lunch and sponsorships.
Green Building Codes –What Do They Mean for Construction in San Francisco?Allen Matkins
The document summarizes key aspects of California's Green Building Codes and how they will affect construction projects in San Francisco, including:
- Mandatory green building measures for housing construction will take effect beginning in 2010 and focus on areas like energy efficiency, water conservation, waste reduction, and indoor air quality.
- The codes establish minimum mandatory standards as well as voluntary compliance measures.
- Compliance will be determined based on the occupancy and overseeing agency jurisdiction.
This document provides an overview and introduction to environmental law for real estate development projects. It discusses the key federal and state environmental agencies, major environmental laws such as CERCLA, RCRA, the Clean Water Act, NEPA, and CEQA. It also covers how environmental issues typically arise in real estate development, including during due diligence, entitlements/development, and litigation. Due diligence involves Phase I and Phase II environmental site assessments to identify contamination issues and compliance with "all appropriate inquiry" rules to assert defenses to liability. Negotiation strategies with sellers, agencies, and insurers can help developers mitigate environmental risks.
This document discusses how online video is growing rapidly and can help law firms by increasing search rankings, acting as a social medium, and effectively communicating messages. Video is an engaging social medium that can allow law firms to highlight lawyers, simply explain complex legal information, and have their content distributed for free. Effective video content for law firms includes thought leadership, news, and coverage of community involvement or events. Such video can be distributed via social media sites and legal focused sites to drive traffic to a law firm's website.
International Operations - Ethna PiazzaAllen Matkins
International operations involve various strategies for sales, distribution, and manufacturing. These include direct sales, using representatives, franchises, distributors, joint ventures, and licensing agreements. Key considerations include the appropriate level of control balanced with costs, managing performance and financial risks, navigating supply chain issues, protecting intellectual property, allocating risks, and planning for disputes. Effective strategies require understanding these complex issues upfront with proper legal counsel.
Recent Developments in Environmental Due DiligenceAllen Matkins
The document summarizes recent changes to the standards for conducting environmental due diligence. It outlines revisions to key definitions like Recognized Environmental Condition (REC), Historical REC, and Controlled REC. Regulatory records reviews are now emphasized. User responsibilities in the due diligence process are also clarified. Vapor intrusion is addressed directly and considered no differently than contaminated groundwater. The new standards aim to provide clearer guidance on evaluating and classifying environmental risks at properties.
The Ghost of Christmas Yet to Come: Five Holiday Season Tips for Retail Landl...Allen Matkins
The holiday season brings many desirable things to a retail center: a fresh holiday look, a sense of excitement and anticipation, and the most important thing — more traffic and customers. Along with these benefits, the holidays also bring retail owners some legal and practical challenges.
Recent Legal Developments for Commercial LandlordsAllen Matkins
This document summarizes recent legal developments related to commercial properties from Allen Matkins law firm. It discusses three court cases:
1) Grand Prospect Partners v. Ross Dress for Less which found that cotenancy provisions in retail leases may be unconscionable or unreasonable penalties in some cases.
2) Donahue Shriber Realty Group v. Nu Creation Outreach which affirmed an injunction limiting solicitation activities in shopping centers to designated areas.
3) Riverisland v. Fresno-Madera Prod. which overturned previous case law and now allows extrinsic evidence of verbal promises to determine if a contract was procured by fraud, even if it contradicts written terms.
Using (competitive) intelligence to build your legal businessAllen Matkins
The document discusses using competitive intelligence to build a legal business. It defines competitive intelligence as external and internal information sources used to make better business decisions. It provides examples of intelligence sources like relationships, client/prospect information, market/industry lists, and industry trends. The document also discusses different contexts for using intelligence, like targeted pursuits, target identification, client teams, and strategic planning. It emphasizes integrating competitive intelligence into client relationships and legal services by making intelligence widely available and linking it to client information.
Every since the Pruneyard decision, public shopping malls have been seen as an extension of the public square. Although the property is private, protesters have free speech rights granted by the U.S. and California Constitutions. This can create problems for landlords who are trying to provide a pleasant retail environment for their guests and tenants.
Recent case law has changed the rules, but Allen Matkins has created a set of model rules for shopping center landlords. These rules address the time, place and manner issues upon which free speech can be limited in shopping malls.
HUB REPORT Future of Mediabuying : repenser le mix mediaHUB INSTITUTE
Rendez-vous sur: http://hubinstitute.com/hubreports/
> télécharger la version sommaire (light) gratuitement
> acheter la version complète (full)
> découvrir nos autres HUB Reports
Ce HUB Report a vocation à théoriser et décrypter les tendances liées à la mutation du comportement d’achat des annonceurs et des agences, de la modification des offres de la part des médias de contenus et de services pour assurer leur avenir.
Interviews exclusives d’experts médias, nouvelles approches marketing, nouvelles opportunités et études de cas viendront enrichir notre analyse au fil des slides. Bonne lecture !
Planète Google : Les dernières innovations du géant de la recherche dans l'eT...Mathieu BRUC
Google est un facilitateur de recherche doublé d’un modèle économique nobélisable, il ne sera jamais producteur mais toujours à la recherche de diffuseurs, et pourquoi pas les SIT ?
Program on social media nad mobile device management issues facing employers in 2013, including use of social media in the hiring process from recruiting to background checks; BYOD and other mobile device management policies; drafting social media policies in light of NLRB guidance and enforcement action and protecting your social media assets.
Social Media and the Law with Andrew Rosenman, partner, Mayer Brown Law Firm ...Social Media Rockstar
This document discusses various employment law issues related to social media. It begins by noting the significant risks employers face from the growth of social media, including public relations issues and legal liability. It then addresses legal issues regarding screening candidates' social media, monitoring current employees' social media, and references for former employees. The document provides recommendations for employers, such as having a clear social media policy and training employees on it. It concludes by discussing National Labor Relations Board limits on social media policies.
This document summarizes a presentation on navigating social media in the workplace. It discusses how social media has become integrated into daily life and work. While it provides opportunities as a business tool, it also poses risks if not properly managed, such as lost productivity, privacy issues, and legal liabilities. The presentation provides guidance for developing social media policies and educating employees on appropriate social media use and their obligations regarding loyalty, confidentiality and off-duty conduct. It also reviews case law establishing that employers can discipline employees for inappropriate social media use that damages the employer or violates policies.
Like it or not, social media has become the norm. Social Media sites such as Facebook, Twitter and LinkedIn, as well as other informationsharing sites and blogs have forever changed the way people communicate. Employers need to recognize that their employee's personal use of these social networking websites - whether or not the employer permits personal use of these websites at work - is rife with these potential employment issues and other legal exposures, such as potential claims or employee harassment, unfair labor practices and unauthorized disclosure of statutorily-protected information about the company, its customers and employees. This session will address how employers can avoid exposure arising from such risks and how employers need to protect themselves.
Stuart R. Buttrick, partner, Faegre Baker Daniels LLP
Joel Patrick Schroeder, associate, Faegre Baker Daniels LLP
Social media & data protection policy v1.0 141112 Dave Shannon
Presentation presented to employees in a previous role. Unfortunately corporate identity has had to be removed, however content is still relevant to policies and legislation
The document summarizes key topics around developing sound social media policies for employers and preventing employee misuse, including:
- The prevalence and growth of social media use
- Common risks of social media for employers like improper hiring practices, disclosure of confidential information, and litigation issues
- Best practices for developing social media policies like prohibiting discriminatory comments, maintaining privacy, and monitoring post-employment social media use
22% of employees visit social networking sites 5 or more times per week, yet only 54% of employers have a policy dealing with social media inside and outside the workplace. During this presentation, participants will learn about potential legal issues involved in adopting a policy and how to avoid those issues. Sample provisions will be discussed and recommended actions addressed.
Presented by Jackson Lewis.
This document discusses social media use policies and issues related to social media use in the workplace. It provides statistics showing that many employers do not have social media policies and it is easy for companies' reputations to be damaged on social media. It then discusses several legal issues and cases related to social media use, disciplinary actions, discrimination, harassment, monitoring employees' social media use, and recommendations for developing appropriate social media policies.
Companies should be aware of increasing social media litigation and laws regarding topics like intellectual property, privacy, HR issues, and regulatory compliance. A study found that over half of UK businesses do not consider social media's legal risks a priority. This indicates a knowledge gap, as over 68% of respondents had little understanding of applicable social media laws. Companies must understand issues around content ownership, electronic discovery, privacy policies, and how social media impacts areas like endorsements, harassment, and discrimination. Regulators are enforcing policies around areas such as advertising, healthcare, and financial services on social media. Firms may need to re-evaluate their social media strategies in light of these legal risks and compliance issues.
Pleading: Social Media in California: Policing Workers OnlineAllen Matkins
This document discusses the legal risks employers face when investigating applicants' and employees' online activities on social media. It provides best practices for employers, such as obtaining consent before background checks, conducting searches consistently and neutrally, discussing findings with applicants, and documenting decisions. Employers must balance employees' privacy rights with preventing discrimination, harassment and protecting business interests.
Social media provides opportunities and ethics concerns for legal professionals. It allows attorneys to network, gain knowledge, and market their practice, but they must be careful not to form attorney-client relationships online or reveal confidential information. Attorneys should control their online presence by developing consistent profiles and monitoring what clients and the public see. They also need policies for firm employees' social media use and should educate clients and staff on related risks.
Blake Lapthorn's In-House Lawyer and Decision Makers' forumBlake Morgan
Blake Lapthorn's Litigation Dispute Resolution and Employment teams joined up to present a forum on social media and confidentiality on 17 September 2013, at Blake Lapthorn's Oxford office.
Creating a Dealership Social Media Policy With TeethJim Radogna
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This document discusses the growing trend of employers using social media for background checks on job applicants. It notes that many employers are now conducting informal searches of applicants' social media profiles to learn more about them beyond the interview. While this allows insight into applicants' lives, it also raises legal and privacy issues if not done properly. The document recommends that employers use a screening firm to conduct social media checks and abide by the Fair Credit Reporting Act to avoid discrimination and ensure accuracy of any information reported. Overall, it presents both sides of the debate around using social media for screening while cautioning employers to establish clear and legally compliant practices if deciding to do so.
Social media - employer considerationsMalcolm York
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The document provides 5 key employment law tips regarding social media:
1. Using an applicant's social media during recruitment can lead to discrimination claims if it is used to reject them, so applicants should be informed of vetting methods.
2. Businesses can legally control LinkedIn connections made by employees in the course of their work as company property.
3. Employees' private social media posts can still give rise to employment claims against their employer if the posts are seen as acting in the course of employment.
The Workplace in the Social Media Age: Confronting the Challenges (and Opport...Rudner Law
The document discusses challenges and opportunities related to social media use in the workplace. It covers several topics: expectations of privacy for different generations; risks of using social media for recruitment and hiring; benefits and risks of BYOD policies and defining who can speak on behalf of a company; and considerations for discipline and termination related to social media use. The document provides examples of relevant case law and lessons for employers regarding developing appropriate policies and practices.
Similar to Social Media in California: Policing Workers Online (20)
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This document outlines an introduction to environmental law class that covers:
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Social Media in California: Policing Workers Online
1. SOCIAL MEDIA IN
CALIFORNIA:
How Far You Can Legally Go
To Police W k ’ Online
T P li Workers’ O li
Conduct On Facebook And
Other Social Networking
Sites
Jason A. Weiss, Esq.
Monica M. Quinn, Esq.
2. The legal risks associated with peering into applicants’ and
g p g pp
employees’ online activities, and best practices for minimizing
potential trouble spots
Best practices for using Facebook MySpace LinkedIn and
Facebook, MySpace, LinkedIn,
other sites to conduct “background checks” in California
When you may discipline an employee or refuse to hire
y y p p y
someone based on the information gleaned from social
networking sites
Why
Wh you must have a social media policy and the essential
th i l di li d th ti l
language to include
What frontline managers and supervisors need to know
g p
about policing social networking sites so they don’t legally
misstep under state and federal law
How your organization may use and benefit from your
H i i d b fi f
employees’ use of social media
2
3. The Increased Use of Social
Media and Social Networking
In February 2009 – social networking sites eclipsed personal
e-mail in global reach.
Facebook reports that 50% of its 350 million users access
the site at least once a day.
If Facebook were a country, it would be the third largest in
y g
the world, approaching 600 million users.
Twitter users post 90 million “tweets” per day.
Social media will replace email as the primary vehicle for
interpersonal communications for 20 percent of business
users by 2014.
y
3
4. The Legal Risks Associated With Peering Into
Applicants and Employees’ Online Activities
Applicants’ Employees Activities,
and Best Practices for Minimizing Potential
Trouble Spots
Right to Privacy – California employees are protected by a
right to privacy.
Public vs. Private – The protection may vary.
Fair Credit Reporting Act/Investigative Consumer
p g g
Reporting Act
Discrimination Claims
Pre-employment inquiries – Plaintiff’s counsel may
request statistical evidence of the applicant pool.
Adverse employment actions
4
5. The Legal Risks Associated With Peering Into
Applicants and Employees’ Online Activities
Applicants’ Employees Activities,
and Best Practices for Minimizing Potential
Trouble Spots (cont’d.)
Labor Code 96(k) – Prohibits employers from taking
employment actions against employees because of lawful
off-duty conduct
Labor Code 232 and 232.5 – Allows employees to discuss
their wages/working conditions and prevents the employer
from disciplining or discharging an employee for doing so
California Labor Code Sections 1101-1102 – Prohibits an
employer from taking adverse action against an employee
because of his or her political activities or influencing an
employee’s political activities
p y p
5
6. Best Practices for Using Facebook, Myspace,
Facebook, Myspace,
LinkedIn, and Other Sites to Conduct
LinkedIn
“Background Checks”
FCRA/ICRA – B f
Before conducting any form of background
d f fb k d
check on an applicant, make sure to obtain the applicant’s
permission to do so.
Discrimination Claims
Do so in a consistent manner
Have a neutral party conduct the search
C id searching social media sites only after the
Consider hi i l di i l f h
initial in-person interview
6
7. Best Practices for Using Facebook, Myspace,
Facebook, Myspace,
LinkedIn, and Other Sites to Conduct
LinkedIn
“Background Checks” (cont’d.)
Discrimination Cl
D Claims
Identify the criteria used
Discuss your findings with the applicant
Retain a record of pages viewed
Do not lie about your identity to gain information
Consult with employment counsel
Privacy Claims
7
8. When You May Discipline an Employee or Refuse to
Hire Someone Based on The Information Gleaned
From Social Networking Sites
Refusal to Hire – Is this discrimination?
Discipline
Social Media Abuses – Employers must protect employees
from h
f harassment.
National Labor Relations Act – An employer’s right to take
action against the employee’s conduct related to certain
working conditions may be limited.
• NLRB Claims Termination Due to Facebook
Comments is Illegal
g
• Hospital Technician Fired Over Facebook Post
Health Insurance Portability and Accountability Act
BBreach of Confidentiality A
h f C fid i li Agreement
8
9. When You May Discipline an Employee or Refuse to
Hire Someone Based on The Information Gleaned
From Social Networking Sites (cont’d.)
Discipline
Federal Trade Commission Guidelines – December 2009
guideline creating liability for companies whose employees
endorse or give testimonials about the employer’s
products on social media sites without disclosure.
Defamation of Co-Workers and Others
Trade Libel of Employers and Competitors
Lanham Act - liability for “false advertising
false advertising”
Sarbanes-Oxley Act, OSHA & California Labor Code
Sections 1102.5-1102.8 - protect whistleblowing
employees
l
9
10. Off Duty Conduct –
Can
C an Employee B Disciplined?
E l Be Di i li d?
Blogging
Private-sector employees do not have a constitutional right to
free speech.
Under what situations can an employer discipline an employee
for writing details about his or her employment in a blog?
What if your employee is revealing trade secret or
confidential information otherwise unknown to the public?
Keep in mind also the California Labor Code provisions with
respect to discussing wages, the terms and conditions of
employment, working conditions, politics and whistleblowing.
l ki di i li i d hi l bl i
Drug Testing
Moonlighting
10
11. Off Duty Conduct –
Can an Employee Be Disciplined? (cont’d.)
Arrests and Convictions –How does the crime affects the
employee’s ability to do his or her job? It is possible this
employee could claim he or she was a victim of disparate impact
p y p p
discrimination?
Engaging in Political Protests
Fraternization with Subordinates – Such policies may be illegal.
Smoking – California Labor Code 6404.5 requires employers to
ban smoking in the workplace.
g p
11
12. The Essential Language to Include in Your
Social M di P li
S i l Media Policy
Decide where your Company stands on issues first.
Social Media Policy
Reasonable Personal Use – IBM’s Approach – Don’t forget about
your day job
d j b
All other company policies must be followed
Don’t overdo it
Blogging
Not be done during working hours or using company resources.
Not permitted to disclose confidential company information
Treat others respectfully
Confidential Information
12
13. The Essential Language to Include in Your
Social Media Policy
Right to Privacy
Eliminate privacy expectations – Quon v. City of Ontario
Inform employees that the company will be regularly monitoring any
company equipment
Such items are the property of the employer
You can access them with no additional prior warning
Computer Fraud and Abuse Act
p
Stored Communications Act
Communications Privacy Act
For All Policies
Ensure they are enforced
Be consistent
Exercise common sense, good judgment, responsibility, and staying
E i dj d t ibilit d t i
within legal parameters
13
14. What Frontline Managers and Supervisors Need to
Know About Policing Social Networking Sites so They
g g y
Don’t Legally Misstep
Supervisor/Subordinate Relationships
p p
Steps to Take When You Receive Off-Duty Conduct
Information
Verify the information to the extent possible;
information,
If the off-duty conduct has no bearing on the employee’s job, don’t
discuss the situation with the employee;
Determine if you are permitted to act on the information;
Ensure you keep the information confidential on a need-to-know
basis;
Be careful about what you say to customers and other employees;
Weigh your options: keep, suspend or terminate the employee
depending on the severity of the infraction and strength of the
ev e ce; a
evidence; and
Consult legal counsel where appropriate.
14
15. What Frontline Managers and Supervisors Need to
Know About Policing Social Networking Sites so They
Don’t Legally Misstep (cont’d.)
Should We Discipline The Employee For This Conduct?
Is the conduct lawful?
Is the conduct protected?
Is this conduct protected by any of the California Labor Code
p y y
provisions?
Is there a relationship between the conduct and the job?
Does the conduct cast your business in a negative light?
y g g
If disciplinary action is taken, ensure that similar discipline is imposed
on all similar situations.
Consult legal counsel before taking any disciplinary action.
g g y p y
Miscellaneous
Can references be provided?
15
16. How Businesses/Employers May
p y y
Use/Benefit From Employees’ Use
of Social Media
Enhance employee productivity
Confirm discrimination or harassment
Reveal dissatisfaction with the workplace
Consider an approval process if social media will be used
16
17. Jason Weiss is a partner in the firm's Orange County office where he
practices employment law and business litigation. Jason specializes in
representing employers from multinational corporations to start-
employers,
ups, on a wide variety of employment and labor relations matters,
ranging from wrongful termination and unfair competition lawsuits
to preventive counseling and advice.
Jason s
Jason's employment litigation experience includes handling cases at
the trial and appellate levels of both state and federal courts and in
arbitration. He also represents management in wage/hour matters
before the U.S. Department of Labor and the California Labor
Commissioner, discrimination claims filed with the U.S. Equal
Employment Opportunity Commission and the California
Department of Fair Employment and Housing, Sarbanes-Oxley Act
Jason A. Weiss, Esq. whistleblower claims, unemployment insurance claims and Section
Partner 132a discrimination petitions filed with the Workers' Compensation
Allen Matkins Leck G bl
All M k L k Gamble Appeals Board
Board.
Mallory & Natsis LLP Jason's practice includes the drafting and implementation of
1900 Main Street, 5th Fl employee handbooks, workplace policies and employment contracts.
Irvine, CA 92614-7321
92614- He has also guided employers through reduction-in-force programs,
(
(949) 553-1313(main)
) 553- ( ) including compliance with state and federal laws such as the Worker
(949) 851-5426 (direct)
851- Adjustment and Retraining Notification Act ("WARN"). Jason
(949) 553-8354(fax)
553- regularly conducts in-house training seminars and workshops for
jweiss@allenmatkins.com clients, and provides day-to-day counseling and advice.
www.allenmatkins.com
Jason's practice extends t th business law arena, where he h
J ' ti t d to the b i l h h has
experience and expertise in a range of business issues including
contract disputes, trade secrets, interference claims, unfair
competition, and intellectual property disputes.
17
18. Monica M. Quinn is a Partner in the firm’s Los Angeles office,
where she practices in the Labor and Employment Law
Department. She is experienced in both litigation and transaction
matters. Monica handles all employment disputes including
wrongful termination, harassment, discrimination, retaliation,
constructive discharge, wage/hour and other employment-related
matters at all levels of state and federal court. She also defends
employers before administrative agencies, such as the Equal
Employment Opportunity Commission, the Department of Fair
Employment and H i and the W k ’ Compensation
E l d Housing d h Workers’ C i
Appeals Board, and in arbitration proceedings.
Monica M. Quinn Esq. Her employment law counseling practice includes providing
Partner advice on employee handbooks and policies, training, wage and
Allen Matkins Leck G bl
All M k L k Gamble hour issues, employee discipline, trade secret issues, drug and
Mallory & Natsis LLP alcohol testing, privacy, leave issues, harassment and discrimination
515 South Figueroa Street, 9th Fl laws, and all other areas of personnel administration.
Los Angeles, CA 90071-3301
90071-
(
(213) 622-5555 (main)
) 622- ( ) She is the co-author of a book chapter entitled "Social
(213) 955-5615 (direct)
955- Networking and Off-Duty Conduct."
(213) 620-8816 (fax)
620-
mquinn@allenmatkins.com
www.allenmatkins.com
18