Tag archives: Social media

Social media and corporate executive responsibility

Corporations that sell to consumers and are subject to consumer lawsuits commonly receive deposition demands for top executives. Corporations can frequently defeat these demands by showing that the executives did not participate or have control over the matter at issue. But a recent ruling from a federal trial court in California demonstrated how controlling social … Continue reading

Monkeying around on social media could land you with a defamation suit

As a wise person once said, truth often is stranger than fiction. The US Court of Appeals for the Fourth District of Texas (the “Appellate Court”) recently decided Hosseini v. Hansen, a bizarre case involving the intertwining of a tax preparation business, primate trainers and enthusiasts, and a defamation claim. Despite the unique factual circumstances, … Continue reading

New California laws may require review of social media policies

The use of social media by employees is as fraught as it is widespread, and creates tremendous legal risk for the employer. Indeed, employers are wise to require adherence to a thorough policy regarding employee use of social media both inside and outside of work. The best policies will aim to sidestep potential legal landmines … Continue reading

Inappropriate employee social media activity as a defense against employment discrimination claims

It seems inevitable in today’s digital world that employers will sometimes discover that an employee has posted inappropriate statements or other inappropriate content on social media. The employer must then decide how to respond. Although the desired level of discipline will vary depending on the severity of the content, some statements are so egregious that … Continue reading

Texas lawyers and social media

Texas lawyers are permitted to ask their lawyer friends on social media for help with legal questions on behalf of their clients, according to a recent opinion from the State Bar of Texas’ Professional Ethics Committee (“PEC”). The PEC is a committee appointed by the Texas Supreme Court that issues opinions on various ethics and … Continue reading

The new age of cyberbullying

There has been an increase in cyberbullying with the rise of social media. According to the Canadian government, “cyberbullying involves the use of communication technologies … to repeatedly intimidate or harass others”. Federal and provincial governments have effected legislative change to make harmful cyberbullying behaviours criminal or at least provide civil remedies for those harmed. … Continue reading

Social media activities and the appearance of bias

On June 21, 2018, the U.S. Supreme Court declined to decide the question of whether a district court judge is required to retroactively recuse himself when he allegedly follows the federal prosecutors on Twitter and, within hours after denying relief to the defendants, tweeted a link to an allegedly erroneous news article with a title … Continue reading

Trademarks, social media and lessons learned

On June 14, 2018, a federal trial court in New York issued a decision relating to a restaurant owner’s claim that the restaurant manager was using the owner’s trademarks on social media in violation of the federal trademark law known as the Lanham Act. The trial court denied the owner’s claim, in a ruling that … Continue reading

Update: U.S. State Department to collect visa applicants’ social media information

In a previous post, we addressed efforts by the Department of Homeland Security to collect certain information relating to immigrants’ use of social media for record-keeping and tracking purposes. Subsequently, on March 30, 2018, the State Department released a notice of a proposed rule that would require the collection of social media information in connection … Continue reading

The #MeToo Movement: When Employees Take Their Complaints to Social Media

As we are all aware, the news has been populated with stories concerning allegations of sexual harassment and misconduct, particularly in the entertainment and media industries as well as government institutions. These stories have contributed to the “#MeToo” movement, which originated on Twitter and other social media websites in late 2017 and has since become … Continue reading

Update: social media and the Anti-Terrorism Act

We have previously written about the United States District Court for the Northern District of California’s (the “District Court”) dismissal of the plaintiffs’ complaint in Fields v. Twitter, Inc. We are back to provide an update after the case made its way to the United States Court of Appeals for the Ninth Circuit (the “Appellate … Continue reading

A Safer Internet in the UK – but what is the burden for technology companies?

The UK government, like many others, is pushing for a safer Internet. Prompted by the global trend in cyber-bullying and online offensive material/trolling, the UK has taken steps to address Internet safety with the stated aim of being the safest place in the world to be online. We recently reported on the measured taken in … Continue reading

German law on hate speech – complaint procedures

The German law on hate speech (Network Enforcement Act – Netzwerkdurchsetzungsgesetz) which came into effect on October 1, 2017 is continuously subject to criticism. Its legal and political implications in regard of the current global debate on the dealing with different opinions, the power and influence of social media on information and disinformation and its … Continue reading
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