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Back from the Land of Trial Mode: January Quicklinks

There has not been much activity on the blog because we have been engaged in a long copyright and misappropriation of trade secrets trial.  So, we share with you some of the articles we have been reading, but just haven’t had time to write about:
Bloggers entitled to same protections as journalists under the First Amendment. … Continue Reading

Don’t Rail on Your “F**** Idiot” Employees on the Net

No one likes to be sued.  It may make you mad enough that you want to scream and holler on the Internet.  There is a reason, however, a lot of lawyers recommend not commenting on personnel issues and pending litigation.
Take a lesson from Coyote Ugly that does not involve dancing on the bar.  The lesson is — … Continue Reading

REGISTER NOW! The Social Media Brews and Views CLE

CLICK HERE TO REGISTER
Social Media is becoming pervasive in today’s society. This CLE looks at how it intersects with legal issues crossing a broad spectrum of specialty areas to give all practitioners the information they need to be aware of the special risks and issues social media presents. Our speakers will look at how it … Continue Reading

The Law of Using Images from the Web on Your Blog

Here are a few tips and rules about using images on your blog or website. Not only is simply copying something from the web a moral issue, it can get you into legal trouble.
Don’t Copy and Paste
Yes, the image is on Google Images.  Yes, it would be easy to cut and paste and it fits … Continue Reading

NLRB says what to include and not to include in your social media policy

Federal agencies are not shy about enforcing alleged violations of their policies after the fact.  From these enforcement actions, lawyers are supposed interpret the results to advise their clients on how to avoid the same fate. 
In the past, the NLRB even summarized some of the cases for us in its second report on social media in the workplace.  … Continue Reading

Social Media Policies – The Why Rather than the What

One of the most popular discussions in the area of social media law centers on social media policies.  A simple Google search will produce plenty of examples.  Some people think you simply copy and paste one of these examples and change the company name to your own.  Then, you can check the social media policy … Continue Reading

FTC Blogging Endorsement Policy Gets More Clarity

Lawyers rely upon case law and statements from regulatory agencies to advise clients on what they need to do to prevent from having their name in the case books setting the precedent.  Without precedent, a lot of us are just doing our best job of reading statutes and regulations.  That’s why there was so much buzz about the Federal Trade Commission’s … Continue Reading

Dude, we’re going social and mobile

In a previous post, I wrote about the terms and conditions you need in your pay-per-click marketing contracts. Now, we look at the ways you can protect yourself when you embark on social media and mobile marketing campaigns.
SOCIAL
Your level of involvement as a marketing professional with your clients dictates your level of concern and the … Continue Reading

FTC sheds light on blogger endorsement policies after dismissal of first action

It’s been several months since the Federal Trade Commission established rules requiring bloggers to disclose any gifts or graft they may have gotten from the companies they are blogging about.  The initial announcement created quite a stir and there is still a lot of uncertainty about the rules.  The FTC’s recently-published guidelines help.
It seems to me the … Continue Reading

The First Thing We Do Is Sue All the Bloggers

You may remember the uproar or you may have even seen the video.  It’s at the bottom of this post.   In the video, a man is shooting at some dogs in a field as an onlooker videos the episode and gasps.  The video went viral and the man on the video was heavily criticized on the likes of CNN … Continue Reading