Most businesses today have an online presence and are active on platforms like Twitter, LinkedIn, Pinterest and Facebook. New applications come into the mix each day. This new technology, coupled with outdated laws, exposes businesses to legal issues involving trade secrets, data privacy, employees, export controls and intellectual property, to name a few.
As businesses expand their use of technology and social strategies, questions abound:
We’re charting the course in this evolving space, clearing a path to keep legal issues from standing in the way of using social media to increase visibility and grow your business.
Labor and Employment—We draft social media policies, counsel employers on how best to handle problems relating to employee use of social media and train employees—including management and human resources—on their employer’s social media policies and practices. We stay apprised of NLRB opinions in this rapidly changing area and keep our clients’ policies current.
Intellectual Property—We protect intellectual property—including domain names, trademarks, copyrights and trade secrets—from unauthorized use and help clients to develop strategies for best protecting their brands on the Internet.
Data Privacy and Security—We help companies safeguard their information against data breach, mitigate in the event of a data breach, provide advice on incorporating privacy and risk-management policies for social media and in mobile and web media applications, equip employers with “BYOD” policies and advise on issues like what to do if proprietary or confidential information on an employee’s (or potential employee’s) social media profile is discovered.
Export Controls—We work with clients on the issue of creating, sharing or exchanging information and ideas in virtual communities and networks across national borders and departments, where the information being exchanged is subject to U.S. export control laws and substantial penalties for violations.
E-Discovery—We provide discovery and litigation technology services to resolve disputes regarding ownership of digital information—like social media accounts—and who has ownership rights. We also have experience mining social media accounts for crucial digital evidence.
SEC Compliance—We provide guidance regarding the use of social media communications in conjunction with business transactions.
Digital Assets—We provide guidance on the Model Fiduciary Access to Digital Assets Act and state laws governing access to social media accounts upon death.
Chicago Daily Law Bulletin | October 20, 2020
Chicago Labor & Employment counsel Frank Saibert contributed this article analyzing a National Labor Relations Board ruling to overturn a decision preventing a trade association from removing posts on its Facebook group, noting that the trade association’s registry members are not actually employees.
LinkedIn Workforce Insights | October 07, 2020
This article, covering how organizations can reduce burnout risks among employees, cites NP for “bucking the trend” by focusing on advancement and promotion even during these challenging times, and quotes Professional Personnel Partner and Providence Labor & Employment partner Stacie Collier on plans for the firm’s 2021 partner class.
Law360 | September 17, 2020
This article, covering the dilemma of celebrities being sued for posting images of themselves to social media, references a copyright lawsuit involving a paparazzi photo of actress and model Emily Ratajkowski. New York Complex Commercial Disputes partner Dan Schnapp and Los Angeles Corporate partner Ellie Heisler are representing Ratajkowski in this matter.
Daily Record | August 12, 2020
This article on a recent decision by the National Labor Relations Board extensively quotes Rochester Labor & Employment partner Stephanie Caffera for her related outlook and the application of protected concerted activity on social media.
Los Angeles/San Francisco Daily Journal | January 23, 2019
Los Angeles Government Investigations and White Collar Defense partner Jason Gonzalez and associate Karina Puttieva co-wrote this contributed article identifying issues with the “remarkably unclear” California Consumer Privacy Act, a measure passed last year that regulates large businesses businesses who buy, sell or share consumers’ personal information.
Law360 | September 05, 2018
This article mentions Complex Commercial Disputes partners Chris Mason, Sarah André, Dan Deane and Seth Horvath as counsel for The New York Bar Foundation and The New York State Bar Association in an amicus brief—filed with the United States Supreme Court—in support of the approval by a California District Court, and the Ninth Circuit, of Google’s settlement involving a “cy pres” remedy in a privacy-related case.
Chicago Daily Law Bulletin | September 03, 2018
Chicago Complex Commercial Disputes associate Laura Bacon authored this article about a recent opinion issued by the 7th U.S. Circuit Court of Appeals related to a Title VII action filed by a former Cook County Department of Corrections officer against her employer and how the plaintiff’s Facebook post during the litigation impacted the case.
Los Angeles Business Journal | July 29, 2018
Los Angeles Corporate partner Ellie Altshuler is quoted in this article for her outlook on challenges surrounding content ownership as the relationship between brands and social media influencers evolves.
Newsday | February 16, 2018
Long Island labor and employment partner Chris Gegwich is quoted in this article discussing how employers should create policies on the proper use of instant messaging apps in the workplace.
Litigation & Copyrights Alert | 04.22.20
Privacy Alert | 01.30.20
NP Privacy Partner | 10.11.19
NP Privacy Partner | 10.04.19
NP Library Competitive Intelligence Team | 08.29.19
NP Immigration Blog | 06.25.19
Immigration Law Alert | 06.10.19
NP Privacy Partner | 04.11.19
NP Privacy Partner | 03.07.19