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Follow this channel for insights at the intersection of social media and the law, covering a wide array of issues from employer liability to privacy, from advertising rules to IP matters, and... more +
Follow this channel for insights at the intersection of social media and the law, covering a wide array of issues from employer liability to privacy, from advertising rules to IP matters, and more. Like this! less -
Jackson Lewis P.C.

What Companies Can Learn from FINRA’s Significant Enforcement Areas in First Half 2024

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For securities industry employers, Financial Industry Regulatory Authority (FINRA) disciplinary actions and fines can be costly. FINRA disciplinary actions in the first half of 2024 show three areas of significant regulatory...more

Rivkin Radler LLP

NY’s New Employment Law Targets Privacy Concerns

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In the current age of social media, employers have begun to increasingly rely on digital platforms to screen prospective employees. In an effort to address the growing concerns over privacy and the use of social media in...more

Stokes Wagner

New York Says No to Peeping in Employees’ Electronic Devices

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On September 14, 2023, New York’s Governor, Kathy Hochul, signed Assembly Bill 836 (“A836”) into law which prohibits employers from requesting or requiring access to personal accounts such as texts, emails, and mobile...more

Constangy, Brooks, Smith & Prophete, LLP

NYS ban on employer social media inquiries takes effect

New York employers, are you thinking of asking applicants or employees to divulge their personal social media information? Think again. Last September, Gov. Kathy Hochul (D) signed legislation that prohibits all employers in...more

Venable LLP

New York’s New Privacy Protections for Employees’ Social Media Accounts - What Employers Should Do Now to Prepare

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“Follow me on Instagram, will you?” That may seem like a harmless question to a colleague, but starting soon, New York will ban most employer inquiries regarding an employee’s personal social media account....more

EDRM - Electronic Discovery Reference Model

And When I Die…. What Happens to My Social Media?

Like most other States, Maryland has enacted the “Fiduciary Access to Digital Assets Act.” The statute permits the “user” of “digital assets” to authorize a designee to access specified digital assets after the user’s death...more

Carlton Fields

Regulators Hit Jackpot: Off-Channel Communications

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Several years before announcing the first “off-channel” communications enforcement action, the SEC and FINRA cautioned broker-dealers and investment advisers about problematic record-keeping practices involving the use of...more

Frantz Ward LLP

Service of Process by E-Mail and Other Alternative Methods Authorized Under Federal Law

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Federal courts have authorized alternative service of process, including service by e-mail, where a defendant has evaded service and the proposed alternative method is reasonably calculated to provide notice of the action and...more

Sheppard Mullin Richter & Hampton LLP

Fifth Circuit Pauses Injunction Restricting Communications Between the Government and Social Media Companies Over Content Removal

On July 14, 2023, the U.S. Court of Appeals for the Fifth Circuit issued an administrative stay of an order that would prohibit certain federal officials and agencies from communicating with social media companies on content...more

Ballard Spahr LLP

The Supreme Court Does Not Pose a “True Threat” to Defamation Law

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Summary - An opinion about a category of unprotected speech called “true threats” sheds light on how a majority of the justices may view New York Times v. Sullivan, a key defamation case. It also resolves a split over the...more

Seyfarth Shaw LLP

Florida’s SB 262 – What Florida Thinks of Privacy (and more)

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With the passage of Senate Bill 262, Florida has become the latest state who has woken up to the political capital that a state privacy law can provide. And while we see a lot of the “usual suspects” which populate other...more

Sheppard Mullin Richter & Hampton LLP

SEC Off-Channel Communications Sweep

Over the last several years, the Securities and Exchange Commission (the “SEC”) and the Commodities Futures Trading Commission (“CFTC”) have been laser-focused on the use of so called “off-channel communications” in the...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - V 4, Issue 4, April 2023

Tech Vendors and Cybersecurity – Are They Responsible? It has long been recommended that when you contract with a technology vendor that you include an indemnity clause in the contract wherein the vendor will indemnify you...more

DarrowEverett LLP

See You on the Other Side: Planning Your Digital Legacy

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What happens to social media accounts when an individual dies? As social media is a growing source of revenue for individuals, from influencers to public figures, and the dominant means of how people document their lives, it...more

Wiley Rein LLP

The CLOUD Act Data Access Agreement – 10 Things That U.S. Telecommunications Companies Need to Know Now

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Most of the world’s popular telecommunications services, like social media platforms and message services, operate within the United States, but many operate overseas as well. Law enforcement in the United States and...more

EDRM - Electronic Discovery Reference Model

[Webinar] Virtual Meetings & Ephemeral Messages: Preserve, Produce, & Sanctions for Loss - July 19th, 1:00 pm - 2:15 pm ET

Electronic information is ubiquitous and its use and misuse can pose serious ethical problems for attorneys. Attorneys use electronic information to communicate with the public and with clients, to advertise their services,...more

Kohrman Jackson & Krantz LLP

Frequently Asked Questions Regarding Online Accounts And Estate Planning

There are many factors to consider when planning your estate in the event of your incapacitation or death. While discussions regarding traditional assets are crucial in the planning process, other factors should also be taken...more

Weber Gallagher Simpson Stapleton Fires &...

Electronic Speech: Can Schools Regulate it?

Over the last 20 years, social media platforms such as Facebook, Twitter, Snapchat, and Instagram have changed the way we connect with friends and family, engage in business, and socialize. As schools increase their use of...more

Cohen & Gresser LLP

Firm Chat Application Policy: The Consequences of the UK FCA’s 2020 Prosecution of Konstantin Vishnyak

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The need for tighter control on employees’ use of chat applications when conducting or discussing company business. What we learned from the FCA’s 2020 Vishnyak prosecution and the FCA’s reminder about the need to record...more

Farrell Fritz, P.C.

Wills, Trusts & Estates: Plain and Simple – Death and Digital Assets

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Over the holidays, you or a loved one may have received some type of computer or device that connects to the internet, email and various applications. Or photos were taken and stored on such a device, or posts were made on...more

Poyner Spruill LLP

Section 230 Shields Twitter from Congregational Claims

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A federal court has ruled that 47 U.S.C. “Section 230” of the Communications Decency Act shields Twitter from claims it aided and abetted defamation. Brikman v. Twitter, Inc., 2020 WL 5594637 (E.D.N.Y., September 17, 2020)...more

Jackson Walker

Texas Adapts Rules for Service of Lawsuits to the New Reality of How We Communicate

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Coming soon to your email or direct message inbox—“You’ve been served.” The modes of communication we rely on are continually evolving. In the 1990s, AOL introduced the distinctive sound of “You’ve got mail.” In the 2000s,...more

Hanzo

The Bottom Line on Archiving Online Communications Under SEC Rules 17a-3 and 17a-4

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If you’re in the financial services industry, you’ve got a lot on your plate. You’re researching investments, advising customers, marketing your business, and maintaining strict compliance with a veritable alphabet soup of...more

Saul Ewing LLP

Have You Forgotten to Plan for Future Management of Your Digital Assets?

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Digital assets are owned by almost everyone. Unfortunately, most of us have not planned for future management of those assets by our family....more

Hanzo

The Pros and Cons of Using APIs for Web Archiving

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If you’re a regular reader of Hanzo, we’ve probably already convinced you that you need to be archiving any social media profiles that your organization maintains, along with your website. Chances are you’ve heard us talk...more

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