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Houston CFO Fired for Social Media Activity

The Houston Chronicle reported today the CFO of Francesca’s was canned because he posted information about the company on Twitter and Facebook.
We have discussed the legality of firing employees for their social media conduct in detail (part one and part two).  In short, in at will state like Texas, you can fire someone for a good … Continue Reading

BREAKING NEWS: Amazon agrees to pay taxes in Texas

The Houston Chronicle is reporting breaking news that Amazon has agreed to collect and more importantly pay sales taxes for sales made within Texas.  As a purchaser, I’m bummed.  But, as a father of two school children, it’s about time. 
This has been a hotly contested issue explained in more detail in my prior post from May of 2008.
Here’s … Continue Reading

Are Google AdWord Trademark Claims Back? Rosetta Stone Case May Open the Door

 We haven’t discussed Google AdWord trademark cases much here lately.  For the most part, the courts had determined that using a trademark term to trigger an ad was a use in commerce.  Google has generally prevailed, however, because the trademark owners have had trouble proving consumer confusion.
The Fourth Circuit Court of Appeals may have provided trademark … Continue Reading

Private Employers Can Ask for Your Login, But I Would Advise Against It [Update]

A few days ago the Associated Press ran an article about one job applicant who was asked to provide their Facebook login and profile.  The story then got a lot of legs getting including a local TV News from Fox-26TV here in Houston (video below).
While private sector employers can certainly demand to see your profiles, provide … Continue Reading

Pinterest and Copyrights – what you should know

A couple of confessions today.  I know Pinterest is the newest craze, but I haven’t gotten around to trying it out.  To evidence my entertainment value at social media mixers, however, I have reviewed their terms of service and looked at the copyright implications.
  For those like me who have not jumped on the train, Pinterest … Continue Reading

Facebook Firings and Social Media Policies – Part 2

In the last post, we talked about whether you could fire someone for their Facebook posts.  We used the NLRB’s recent social media memorandum discussing 14 cases as a guideline. 
Today, we discuss social media policies.  Why should I have one and what should I have so they don’t get me in more trouble?
Why Have One?
I … Continue Reading

Facebook Firings and Social Media Policies – What to Do? – Part 1

Surely you can fire someone who mouths off on Facebook about the company, right?  After all, most employees (in Texas, anyway) are at will employees.  You may even have a social media policy that warns employees not to say disparaging things about the company online.  Unfortunately, it is not that clear.
The National Labor Relations Labor Board … Continue Reading

Who Owns Your Twitter Followers or LinkedIn Connections?

For 99% of us, it really won’t ever be an issue — our social media presence just isn’t that important.  Unless your job is to tweet or drive traffic to the company website, your company probably won’t even want your twitter followers who read what you had for lunch or your take on the Republican primary.  … Continue Reading

Does Google Choose Favorites? The Interview

The Lexblog Network interviewed me on my prior post about Google’s anti-trust issues.  Can someone lend me something to clean off my webcam?

Does Google Choose Favorites?

Bloomberg News is reporting that ShopCity.com has filed an antitrust complaint against Google claiming Google favors its own sites over those of ShopCity in the search engine’s results.  Google is already the subject of antitrust inquiries in the U.S. and in Europe for related behavior. 
ShopCity is a website that helps local businesses sell products that owns thousands … Continue Reading