Category Archives: Social Media

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California Enacts New Data Privacy Laws

As part of a flurry of new privacy legislation, California Governor Jerry Brown signed two new data privacy bills into law on September 27, 2013: S.B. 46 amending California’s data security breach notification law and A.B. 370 regarding disclosure of “do not track” and other tracking practices in online privacy policies. Both laws will come … Continue Reading

Who Owns Your Online Persona?

Eagle v. Morgan, 2013-11-4303 (E.D. Pa. 2013), represents one of the first trials on the issue of who owns social media accounts: the individual employee who first created the account or the employer whose business was promoted using the account? In Eagle a company’s founder sued her former employer for the alleged illegal use of … Continue Reading

California AG to Begin Enforcing Privacy Law Against App Developers – $2500-per-Download Fines

By Rachel Tarko Hudson Mobile app developers must now conspicuously post and follow privacy policies just like websites and other commercial online services according to California Attorney General Kamala Harris. On October 30, the Attorney General’s office began sending warning letters to app developers notifying them that they had 30 days to comply. Time is … Continue Reading

New York AG Addresses Cause Marketing on Social Media

By Rachel Tarko Hudson The New York Attorney General’s Charities Bureau recently released “Five Best Practices for Transparent Cause Marketing” which contains general best practices for cause marketing campaigns, including campaigns conducted on social media.  Cause marketing, also known as commercial coventures, is the practice by a for-profit company of donating a portion of the … Continue Reading

FTC Proposes Updates to Children’s Online Privacy Law

The Federal Trade Commission recently proposed several updates to the Children’s Online Privacy Protection Act of 1998 (COPPA). COPPA currently provides that operators of websites and other online services that collect personal information online about children under 13, or whose websites or services are directed at children under 13, must:… Continue Reading

He “Likes” Me, He “Likes” Me Not – Facebook’s Sponsored Stories Lawsuit, Fraley v. Facebook, Changes Landscape Of Privacy Litigation; Kids Threaten Proposed Class Settlement

By Elizabeth Berman Facebook, Inc. was sued in a class action last year over one of its advertising practices called “Sponsored Stories,” which typically consist of a Facebook Friend’s name, profile picture, and an assertion that the person (your Facebook Friend) “likes” an advertiser, coupled with the advertiser’s logo, featured on your Facebook page or … Continue Reading

Federal Government Targets Privacy Violations by Social Media Companies

By Neil Ray Continuing its focus on privacy issues, the Federal Trade Commission (FTC) reached a settlement earlier this month with social networking service, Myspace, over charges that it misrepresented its protection of users’ personal information. The FTC alleged that Myspace allowed advertisers to access personally identifiable information despite previous assurances to its users that … Continue Reading

Companies Using Pinterest, Be Careful Not to Get Pricked

By Rachel Tarko Hudson Pinterest has seen its number of daily visitors increase by 145 percent since the beginning of 2012, now counting 11 million users on its site, according to recent reports. It is a powerful social media tool by any standard, however, in recent months, with its meteoric rise, concerns have also surfaced … Continue Reading

Occupiers’ Motion to Quash Subpoenas of Tweets Raises Privacy Questions

By Craig Cardon and Rachel Tarko Hudson Occupy protesters in New York are attempting to quash the Manhattan District Attorney’s subpoenas of their tweets and Twitter account information. The protesters were arrested for obstructing the Brooklyn Bridge during a protest in October. The District Attorney wants to use the tweets to show that the protesters knew … Continue Reading

Legal Issues Surrounding Social Media Background Checks

By Michelle Sherman Agatha Christie had a novel take on invention being the mother of necessity. She disagreed and said, “[I]nvention, in my opinion, arises directly from idleness, possibly also from laziness. To save oneself trouble.” She may have been onto something when you think about businesses that are turning to outside vendors to research … Continue Reading

Your Social Media Policy May Need Revamping

By Michelle Sherman If your company adopted a social media policy more than two months ago, or, if your company modeled its policy after one of the sample policies available on the Internet, then there is a very good chance that your social media policy is overbroad and needs to be revised. For example, if … Continue Reading

10 Social Media Must Haves For Your Corporate Compliance And Ethics Program

By Michelle Sherman Companies would be legally remiss not to add a social media component to their corporate compliance and ethics program. As we have seen and reported on, agencies such as FINRA, the FTC, and the NLRB are bringing complaints against companies arising from their social media activity or employee related activity, thus, highlighting … Continue Reading

Does Your Sarbanes-Oxley Act Compliance Program Reflect Your Social Media Presence?

By Michelle Sherman A sound social media governance program means more than having a social media policy, or updating your document retention policy to include social media activity. It may also mean updating your Sarbanes-Oxley Act (“SOX”) compliance program to ensure that your company is complying with Section 409. Section 409 of SOX requires companies … Continue Reading

Is Your Company’s Social Media Launch Ahead Of Its Compliance Program

By Michelle Sherman Many businesses are still coasting along enjoying the marketing advantages of social media without making sure they have a good compliance program in place. For every company with a Facebook fan page or Twitter account roughly 65 percent would admit they do not have a social media policy. For companies with a … Continue Reading

Why Social Media Activity May Mean Updating Your Insurance Coverage

By Michelle Sherman It is now cliché to say that social media activity by companies is growing exponentially. Companies, hospitals, non-profits, the armed services, insurance companies…. every type of entity can be found on social networking sites with Facebook fan pages and Twitter accounts. The marketing opportunities for companies continue to manifest themselves with directed … Continue Reading
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