Drafting Social Media Policies in 2014

In addition to my litigation practice, I have been drafting social media policies for clients–and advising other lawyers on how to do so–for years now.  Are they all the same?  Is there anything new to be said? No, they’re not all the same, and yes, best practices continue to evolve along with the technology.  Earlier […]

Social Media Policies for Every Constituency: My Keynote at the Hawaii Social Media Summit [VIDEO]

I had the honor of being invited to deliver the closing keynote address at last week’s 2012 Hawaii Social Media Summit.  Aside from the fantastic climate, it was also invigorating to be among so many professionals dedicated to making the most of social media in their respective businesses.  I believe Hawaiian businesses are uniquely qualified […]

For Your Social Media Policy, NLRB Says: Think Walmart

Walmart represents many things to many people.  For Lafe E. Solomon, Acting General Counsel of the National Labor Relations Board, it represents the perfect social media policy.  On May 30, 2012, the NLRB released the third of Solomon’s reports on social media and federal labor relations law (read about the first two here and here). […]

New Year Bring New Guidance from NLRB on Employees and Social Media

The National Labor Relations Board is at it again. In August 2011, its Acting General Counsel, Lafe E. Solomon, issued a report summarizing several of its then-pending enforcement actions dealing with social media.  These are disputes in which an employee was disciplined or terminated for something he or she posted online.  In many of these […]

The Gangs of MySpace: Social Media Evidence in Gang Prosecutions

I talk a lot on this blog about the importance of companies having a social media policy for their employees.  Who knew that street gangs could use the same advice? “Symbols are an important part of the gang culture,” writes one expert.  “Signs and symbols are used to identify a particular gang or to intimidate […]

Employee Rights and Social Media – A Summary of NLRB Enforcement Activity

When can an employer go too far in punishing employees for their statements in social media? The National Labor Relations Board caused a stir in October 2010 by filing its first enforcement action related to social media.  Specifically, the Board alleged that American Medical Response of Connecticut, Inc. violated federal labor law by terminating an […]