Leveraging Knowledge to Manage Your Data Risks
The New York State Bar Association (NYSBA) issued a new opinion on lawyers’ use of social media last week to “assist lawyers in understanding the ethical challenges of social media.” The opinion provides new insight on the following:
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On June 8, 2015, it was reported that the California legislature is considering a new bill, A.B. 691, which would set forth the procedure for handling a deceased individual’s digital assets, including their social media accounts. Under this bill, a deceased individual’s digital assets and communications may only be disclosed to an estate executor IF…
The Supreme Court of the United States of America (SCOTUS) ruled on June 1, 2015, that violent Facebook posts of a husband about killing his wife with a mortar launcher and blowing up FBI agents cannot be considered threatening if the author alleges he did not intend for it to be perceived that way. The…
Yesterday, Oregon Governor Kate Brown signed into law a new social media law in Oregon, the first in the nation, that limits employers from requiring employees to have social media accounts for employment, and to require workers to advertise on their personal social media accounts.
The facts behind the bill are interesting. The bill’s primary…
On May 13, 2015, the American Hospital Association (AHA) issued “A Hospital Leadership Guide to Digital & Social Media Engagement.” The Guide is as hip as can be for the AHA, and provides easy to understand and practical tips for hospital leadership to delve into the rapidly changing social media landscape.
The Guide…
Connecticut Governor Daniel Malloy signed Connecticut’s new social media law on Tuesday, May 19, 2015 prohibiting employers from:
(1) requesting or requiring that an employee or applicant provide the employer with a user name and/or password, or any other authentication means for accessing a personal online account;
(2) requesting or requiring that an employee or…
U.S. District Court Judge Alison J. Nathan denied a request by the Gawker group of interns, who filed a class action against Gawker for its unfair business practices, to disseminate notice of their class action through various social media outlets. The Gawker interns, led by plaintiffs, Aulister mark and Andrew Hudson, sought to post notices…
The National Labor Relations Board (NLRB) determined that Pier Sixty LLC, a New York catering service, violated federal labor law by firing an employee server after he posted a Facebook message protesting supervisory abuse and encouraging other employees to vote for a union in an upcoming election. At a recent catering event, employee, Hernan Perez,…
On April 8, the Montana legislature sent its new social media law to the Governor for signature and on March 23, Virginia passed legislation prohibiting an employer from requiring, requesting, or causing a current or prospective employee to disclose his or her username and password of social media accounts or requiring an employee to obtain…
The Manhattan Supreme Court recently permitted the plaintiff in divorce proceedings to serve the divorce summons to her husband through a private Facebook message. Justice Matthew Cooper acknowledged that the plaintiff’s request for sole, and NOT supplemental, service through a social media message was a “radical departure” from the judicial standard. In Justice Cooper’s opinion,…
