Tag Archives: Facebook
Thankful I didn’t copy images, parody the Beastie Boys, use overbearing TOS or have to stand behind TheDirty
With the short Thanksgiving week, I thought we would touch on a few interesting stories developing over the last couple of weeks.
Photographer gets $1 million+ verdict from AFP and Getty for copied Twitpics
In my three part series on using images from the web for your news stories, we talked about the Morel v. Agence France-Press case. … Continue Reading
I don’t often make predictions on legal outcomes, so when I do and I get it right, it’s worth sharing. In May, we talked about whether “liking” a candidate would constitute protected speech under the First Amendment. A district judge in Virginia ruled it was not. The Fourth Circuit Court of Appeals recently reversed in … Continue Reading
What happens when the employee who set up the company’s LinkedIn account leaves? Or, what happens when your outside marketing firm set up your Facebook page but refuses to give it to you because of a fee dispute?
Before we talk about what to do in these situations, let’s talk briefly about how to avoid … Continue Reading
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
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
In July, Netflix CEO Reed Hastings posted on Facebook that viewing on his company’s site “exceeded 1 billion hours” of videos in June. The stock rose 6.2% on the day of the post. Last week, the SEC sent Netflix notice it may investigate. You can read the Washington Post story here.
Reg FD, or Fair Disclosure, is … Continue Reading
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
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
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
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