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Morrison Foerster: Socially Aware: The Social Media Law Update

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Socially Aware: The Social Media Law Update

Morrison Foerster
February 1, 2013
11 pages

In this Issue:

Employers and Employees Battle Over Social Media Accounts
Anonymous P2P User’s Motion to Quash Subpoena Denied
FTC Snuffs Out Online “History Sniffing”
The Social Media Law Year in Review
AdWords Decision Highlights Contours of CDA Section 230 Safe Harbor
FCC Rules That Opt-Out Confirmation Text Messages Do Not Violate TCPA
Facebook ’em, Danno: Is the Hawaii 5-0's Facebook Wall A Public Forum?
PeopleBrowsr Wins Round One Against Twitter

Social Media

Locke Lord: Properly Manage Ownership Of Social Media Accounts to Avoid Unpleasant Surprises

May 24, 2013 Social Media/Networking Policies

Proskauer: Washington State Joins Trend of New Social Media Laws

May 23, 2013 Employer Access to Employee Social Media Accounts

Seyfarth Shaw: New Jersey Assembly Passes Revised Employee Social Media Privacy Bill

May 21, 2013 Employer Access to Employee Social Media Accounts

Karl Knauz Motors: NLRB Rules Employee Facebook Posting Unprotected Conduct

Crowell & Moring: NLRB Says "Yes," You Can Be Fired for Something You Post Online

Kilpatrick Townsend: NLRB Finds Employer Lawfully Discharged Employee for Facebook Posting

Squire Sanders: Much-Watched “Facebook Firing” Upheld by NLRB, But “Courteous” Communications Mandate Found Unlawful

Costco: NLRB Holds Social Media Policy Overbroad

Duane Morris: NLRB Decisions Continue to Proscribe Social Media and Other Policies If They Could Arguably Be Construed to Limit Protected Concerted Activity

Pillsbury: First NLRB Decisions on Social Media Give Employers Cause to Update Policies, Practices

Littler: Social Media Policies in the NLRB's Crosshairs

Employer Access to Employee Social Media Accounts

Proskauer: Washington State Joins Trend of New Social Media Laws

Seyfarth Shaw: New Jersey Assembly Passes Revised Employee Social Media Privacy Bill

Proskauer: New Colorado Law Prohibits Employer Access to Applicant and Employee Personal Social Media Accounts

NLRB's Emerging Social Media Guidance

Arent Fox: When Complaining About Your Job Becomes Protected Concerted Activity: NLRB Holds Firings for Negative Facebook Posts About Fashion Company Unlawful

Jackson Lewis: NLRB Judge Holds Union Not Liable for ‘Threats’ Against Employees on Facebook Page

Nixon Peabody: NLRB finds online discussion between non-union employees "protected activity"

Social Media/Networking Policies

Locke Lord: Properly Manage Ownership Of Social Media Accounts to Avoid Unpleasant Surprises

Pepper Hamilton: Whose Social Media Account Is It, Anyway?

Baker Donelson: Another Foul on Social Media Policies as Judge Rules Policy Too Ambiguous

Social Media (Litigation Practice)

Cozen O'Connor: Service by Social Media: The First Step in a New Way to Serve Foreign Defendants

Pepper Hamilton: The Ramifications of Pa. Courts' Broad Social Media Discovery Orders

Blank Rome: Online Critics Held Harmless From Defamation Claim

NLRB Settles Complaint Alleging Illegal "Facebook" Firing

Andrews Kurth: The Impact of the "Facebook Firing" Case on Social Media Policies

Nixon Peabody: The NLRB/Facebook case may have settled, but employer social media policies are still under attack

Davis Wright Tremaine: Can You Restrict an Employee From Calling Her Supervisor a "Scumbag" on Facebook?

Protecting Trademarks on Social Networking Sites

Fish & Richardson: Protecting your brand in the social media environment

Greenberg Traurig: Protecting your brand on Twitter

Steptoe & Johnson: Protecting Your Brand in the Social Media Space

FTC's Guidelines For Endorsements & Testimonials

Barnes & Thornburg: Pinterest Gets Stuck With Disclosure Requirements

Bryan Cave: Employee Testimonials Can Be Risky Business

Bryan Cave: FTC Guidance On How To Incentivize Bloggers

FINRA Guidance on Social Media

Greenberg Traurig: Michigan's New Social Media Privacy Law Bucks the Trend (and Starts a New Trend?) by Allowing Broker-Dealers to Comply with FINRA Rules

Greenberg Traurig: California Declines FINRA 'Friend Request': The Impact of State Social Media Privacy Legislation on Broker-Dealers' Ability to Comply with FINRA Rules

Morrison Foerster: The key to compliance: New FINRA guidance highlights to US broker-dealers the importance of establishing detailed social media policies and procedures

OFAC Okays Export of Social Media Technology

Wiley Rein: OFAC Issues Tailored General Licenses Authorizing Certain Internet-Based Communications and Related Software Downloads

Steptoe & Johnson: OFAC Authorizes the Export of Certain Personal Communications Software and Related Services to Iran, Sudan, and Cuba

Sidley Austin: New Rules Ease U.S. Sanctions for Agricultural Exports and Free Speech

Ontario v. Quon & Employee Expectation Of Privacy

Skadden: Access to Employee Text Messages: Lessons from the Supreme Court’s Quon Decision

Haynes and Boone: U.S. Supreme Court Upholds Employer Searches and Underscores Importance of Electronic Communications Policies

Lowenstein Sandler: The Times They Are A-Changin': U.S. Supreme Court Recognizes the Difficulties in Assessing Employee Privacy Expectations in Evolving Technologies

Restaurant Errs in Dismissing Employee For Disparaging MySpace Content

Baker Donelson: Remember That Post You Wrote About Me on MySpace? You're Fired [Houston's restaurant case]

Troutman Sanders: “MySpace” v. Company’s Space: A New Jersey Court Weighs in on Employment Decisions Based on Social Media Content [Pietrylo, et al. v. Hillstone Restaurant Group d/b/a Houston’s]

Pepper Hamilton: Monitoring the Virtual Water Cooler: Facebook and Beyond [Houston's Restaurant litigation]

Viacom v YouTube & DMCA Safe Harbor Protection

Latham & Watkins: Viacom v. YouTube: Safe Harbor Protection Upheld for Online Service Provider

Venable: DMCA Safe Harbor Upheld for YouTube Once Again in Viacom v. YouTube

Locke Lord: New Risks the DMCA Safe Harbor Does Not Always Apply Online

Arent Fox: CAN-SPAM Extended to Facebook

Skadden: Application of the CAN-SPAM Act to Social Networking Sites

Wilson Sonsini: Federal Court Approves the Application of the CAN-SPAM Act to Messages Sent within Social Networking Platforms