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 This new technology, coupled with outdated laws, exposes businesses to legal issues involving trade secrets, data privacy, employees, export controls and intellectual property, to name a few.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.
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.
Adweek | October 09, 2017
Los Angeles IP counseling and transactions associate Ellie Altshuler is quoted throughout this article about the recent updates made to the Federal Trade Commission’s endorsement guidelines and their effects on social marketers.
New Hampshire Business Review | May 30, 2017
Manchester office managing partner Andrew Share authored this column about ten issues businesses should consider regarding employee and company use of social media.
Law360 | May 16, 2017
Labor and employment partners Stephanie Caffera and Chris Gegwich and associate Alex Gallin co-authored this column that explains why the National Labor Relations Act protected an employee who posted profanities about his supervisor on social media, but did not protect an employee who was fired for yelling profanities at his employer.
Law360 | May 08, 2017
Labor and employment partners Stephanie Caffera and Chris Gegwich and associate Alexander Gallin co-authored this column about certain employee protections under the National Labor Relations Act (NLRA), including a recent Second Circuit ruling upholding the decision that an employee’s vulgar Facebook post was protected activity under the NLRA.
SHRM | March 27, 2017
Providence commercial litigation counsel Steve Richard contributed this article about a company’s efforts to remove a former employee’s anonymous online post which the company believed revealed company trade secrets.
Privacy Alert | 01.30.20
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Immigration Law Alert | 06.10.19
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Litigation Alert | 11.15.18