Tag archives: LinkedIn

Court orders ex-employee to update LinkedIn profile

A South African High Court  on March 8, 2017 reportedly gave a former estate agent five days to correct the employment information on his LinkedIn profile. Three years after Mr. van der Schyff resigned from his position at Danie Crous Auctioneers, his profile still reflected that he was employed there. Despite two years’ worth of … Continue reading

Are your social media followers/fans/members authentic?

We have previously written on social media account verification for businesses, in order to help customers deal only with the authentic brand.  But what about authenticating your social media followers/users/fans/members? Unfortunately, there are currently “no methodologies available that would provide us with an exact number of non-actual member types of accounts,” according to LinkedIn’s 10-K … Continue reading

Social media: What happens to your account when you die?

Will you instruct your executor to memorialise or close your Facebook account or will you sign up to DeadSocial to post goodbye messages posthumously? The US government has created guidelines for dealing with your digital afterlife. It also provides a template social media will. The US government’s first guideline is to read the terms and privacy policies of the various social … Continue reading

A two pronged prescription: The FDA releases new social media guidelines

The U.S. Food and Drug Administration (“FDA”) released two new sets of guidance regarding the use of social media to disseminate information about prescription drugs and medical devices.  This guidance supplements years of FDA warning letters and untitled letters sent to manufacturers, packers or distributors in regulated industries (each a “Regulated Entity”).  We have previously discussed … Continue reading

A picture can be worth a thousand links

From giant billboards on the highway to tiny pictures that can go viral within seconds, the use of social media sites like Instagram, Pinterest and Tumblr has revolutionized the advertising industry. Companies can now reach their target audiences more quickly and more effectively by taking advantage of instantaneous posting of pictures and blogs. The use … Continue reading

Do you “like” it?

From clicking “like” on Facebook to the +1 button on Google+ to the “Follow” or “Retweet” buttons on Twitter, the use of endorsements in social media has exploded since 2009. “Like” buttons and retweeting are growing trends in social media.  While the use of third-party endorsement type functionality in social media has obvious benefits in … Continue reading

Social media: did you know?

How many of us actually read social media terms of use? Be wary: you allow public information to be accessible over public search engines. When you tweet you: grant Twitter a licence to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute content in any manner or method. Twitter may sublicense these rights … Continue reading

A Retrospective of Social Media Law Blog

It’s been a full year since we launched the Social Media Law blog, and we thought it was a good time to take a moment to review: General Counsel use of social media continues to grow at an impressive rate Our Social Media Law blog has had visitors from 15 countries around the world The … Continue reading

LinkedIn office locations not enough for personal jurisdiction

Since 1961, plaintiff MetroMedia Company has used the Metromedia name in connection with a number of ventures, and owns several valid federal trademark registrations incorporating the name and mark METROMEDIA. In 1992, defendant Ronald Cowan formed a company with Susan Conway, which was later converted to Metromedia, Inc. in 2010 and to a partnership named … Continue reading

Fictitious social media profiles under the Lanham Act

On November 7, 2013, the United States District Court for the Western District of Virginia issued its opinion in AvePoint Inc. v. Power Tools, Inc., a case that, at least in part, has fortified the ability of a competitor injured by a fictitious social media profile to bring a claim under the Lanham Act. In … Continue reading

Social media part 3: leveraging social media data analytics to improve M&A

Twitter, Facebook, YouTube, Instagram, Pinterest, LinkedIn, Google+,Tumblr, Slideshare… The catalogue of popular social networking sites continues to grow as more and more consumers – both individual and corporate – sign-up by the millions. But how can social media be used to bolster M&A? In addition to the fairly obvious answer that social media can be … Continue reading

Social media part 2: the proof is in the data analytics

Part 1 of our series on social media looked at how new technologies have started infiltrating the M&A landscape. But the question we aim to answer here is: to what end? A recent article in the Wall Street Journal considered just that, noting that new technologies – and specifically data analytic technologies – can be used at various stages throughout the … Continue reading

Social media part 1: how technology is changing M&A

Earlier this year, the MIT Sloan Management Review published a research report summarizing the findings of its global executive study on social business. The study canvassed 2,545 respondents from 25 industries and 99 countries, all of whom were involved in corporate development decisions at their respective organizations. The aim of the study was to determine how new technologies have … Continue reading

Corporate Governance: Cyber Security Issues (Part II)

There are three distinct aspects of cyber-security that should be addressed by directors: prevention, detection and, if a company is publicly traded, disclosure to the Securities and Exchange Commission.  Part I of our posting addressed prevention and detection matters. This Part II addresses disclosures and some questions to consider. Disclosure Public disclosure of a security … Continue reading

Corporate Governance: Cyber Security Issues (Part I)

The use of cloud computing, mobile devices and social media add significant corporate risks beyond the traditional security risks arising from networks, databases and e-mail.  A cyber security breach can cause serious operational disruptions, create financial costs and damage a company’s brand and reputation.  As part of risk management, a company’s board of directors should … Continue reading

Social media companies adopt alternative patent models

Social media companies are increasingly involved in patent lawsuits and frustration is setting in. Hoping to inspire change within the industry, a number of companies have adopted alternative patent policies. While these alternative models are based on the social good of sharing innovation with a promise to use patents only as a defensive shield and … Continue reading

Shared Social Media Accounts

A court in the Eastern District of Texas recently held that two companies were “integrated employers” under the Family Medical Leave Act, in part, because the two companies shared a Facebook page. Dooling v. Bank of the West, No. 4:11-cv-00576 (E.D. Tex. July 17, 2013) (Bush, Mag. J.). This conclusion allowed the plaintiff to establish her … Continue reading

The Rise of the #Hashtag

Every day, hundreds of millions of people use social media to share their thoughts about everything that is happening around them. The most popular social media sites do not have simple ways to search for and organize content, so users turned to the hashtag to solve the problem. Hashtags are words or phrases prefixed with the … Continue reading

Copyright Safe Harbor for Third-Party Content

Title II of the Digital Millennium Copyright Act (DMCA) provides a safe harbor for online service providers that allow users to self-post content. For companies with Web 2.0 enabled sites, 17 U.S.C. § 512(c) limits liability “for infringement of copyright by reason of the storage at the direction of a user.”  But this safe harbor … Continue reading

Social Media Service, Minors, and Photos

On July 10, 2013, U.S. Representative John Duncan (R-Tenn.) and co-sponsor Ileana Ros-Lehtinen (R-FL) introduced H.R. 2645, the “Forbidding Advertisement Through Child Exploitation Act of 2013.” The stated purpose of this short bill is to “prohibit providers of social media services from using self-images uploaded by minors for commercial purposes.” Under the bill, a “social … Continue reading

Social Media and Anti-SLAPP Cases

In a recent defamation case where the defendant sought anti-SLAPP protection related to internet forum posts about the plaintiffs, a federal district court recognized that social-media speech is no different from “traditional” speech. See Piping Rock Partners, Inc. v. David Lerner Assocs., Inc., No. C 12-04634 SI (N.D. Cal. May 17, 2013) (Illston, J.). “SLAPP” is an … Continue reading

Electronic Communications Privacy Act of 1986

The Electronic Communications Privacy Act (“ECPA”) prohibits interception of “any wire, oral, or electronic communication.”  18 U.S.C. § 2511.  Electronic communication is defined as “any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system.”  18 U.S.C. … Continue reading
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