Privacy & Public Policy
Category RSS FeedYou “like” me, you really “like” me – Looking at the legal effect of Facebook likes and friends
Is liking something expressive activity protected by the First Amendment? Does being a Facebook “friend” create the appearance of impropriety requiring the judge to recuse himself from the case? Leave it to Facebook to make us answer these questions.
You don’t like me, you just want my coupon . . .
The Fourth Circuit Court of Appeals is … Continue Reading
Are The Legal Rules For User Generated Content Becoming More Nuanced?
The general legal advice to website operators who allowed User Generated Content (UGC) in the form of comments, videos or pictures used to be relatively easy. The Digital Millennium Copyright Act protected you from copyright and Section 230 of the Communication Decency Act protected you from defamation and other liability. Recent developments are bringing a … Continue Reading
GUEST POST: Internet Sales Tax is Coming
Looper Reed has a number of good blogs. My colleagues Jamie Ribman and Cleve Clinton write Tilting the Scales which takes a light-hearted look at some of the more general legal issues of the day. For my lawyer readers, their hypotheticals will remind you of law school finals. They recently tackled the Internet Sales Tax … Continue Reading
Social Media for the CEO: Lessons Learned from the Netflix/SEC Tussle and Reg FD
[Updated on 4/11/13 at the bottom]
Yes, you can use social media to make material public disclosures. The SEC did not punish Netflix CEO Reed Hastings. The reality is, however, the SEC gave a warning to executives: we are not going to do anything this time because our rules weren’t clear, but now you are on notice.
The Netflix CEO … 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
The Greatest Blog Post About Deceptive Advertising Ever Written*
Sometimes, I like to talk basics and this time it’s something as basic as “tell the truth.” I’ve never had a client come to me and say, “I would like to lie as much as possible in my advertising, can you help me?” It’s never that simple.
The general rule is advertising cannot be deceptive – which means … Continue Reading
The BYOD Policy: From the Yugo to the Cadillac
Your employees want to be able to use their own iPhones or Android devices at work. Angry Birds on the Blackberry is just not the same. This trend is being referred to as Bring Your Own Device or BYOD.
While it will make your employees happy, it creates some issues that involve three key stakeholders: legal, … Continue Reading
Texas Leg Watch 2013: Bill proposes to allow service via social media
Texas State Representative Jeff Leach R-Plano (full disclosure – he is a lawyer in our Dallas office) proposed a bill (HB 1989) that would allow service via social media if the more traditional methods did not work first.
Normally, to serve someone with a lawsuit you have to have the petition and citation delivered to them … Continue Reading
What the Cybersecurity Executive Order Means for the Rest of Us
If you are the CEO of Google, Facebook, Verizon, Comcast, Exxon or Boeing, don’t read this. You have a team of lawyers working for you who have already spent hours analyzing President Obama’s Cybersecurity executive order and the numerous articles about it. If you own a one-location cupcake shop, auto repair facility or truly a “mom and pop” … Continue Reading
My Open Letter to Congressman Poe on the Houston Business and Technology Roundtable
Yesterday, I had the privilege of taking part in a “Business and Technology Roundtable” with Congressman Ted Poe. The event was put on by SEMPO, HiMA and Google and was attended by marketing firms, well-known Houston brands and small business owners. The focus of the conversation centered on online marketing.
As the only lawyer in the room, I had to … Continue Reading
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