In the era of the internet and ubiquetous smartphone usage, social media is constantly on the minds of marketers, employers, attorneys, and anyone with a Twitter account. Knowing that, the attorneys at Sheppard Mullin have put together the Social Media Law Update Blog. The blog covers a wide assortment of social media questions, including the legal ramifications of blogging, company social media policies, and the everchanging T.O.S. on facebook.
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Do Your Social Media Accounts Belong To Your Business? Why Worry, When There Are Safeguards You Can Take Now
By Michelle Sherman The world is closely watching a federal case in the Northern District of California where a mobile news and reviews resource company, PhoneDog, is suing a former employee Noah Kravitz (or independent contractor, depending on what news report you read) over who owns a Twitter...
By Michelle Sherman The Federal Trade Commission ("FTC") is working hard to make sure consumers are not being misled about how websites and social networking sites are using their personal information. Companies that do not follow their own privacy policies are finding themselves...
By Michelle Sherman The wide dissemination of news on the Internet through “new media” online sites such as the Huffington Post, well recognized blogs like the Drudge Report, or social media sites such as Twitter is changing how we get our news today. The Internet is also making it...
By Michelle Sherman Digital media theft or piracy, as it is more commonly called, is a serious and pervasive problem with countries taking different approaches to address it. It is estimated that copyright piracy and the sale of counterfeit goods costs US creators and producers billions of dollars...
By Michelle Sherman Agatha Christie had a novel take on invention being the mother of necessity. She disagreed and said, “[I]nvention, in my opinion, arises directly from idleness, possibly also from laziness. To save oneself trouble.” She may have been onto something when you think...
By Michelle Sherman If your company adopted a social media policy more than two months ago, or, if your company modeled its policy after one of the sample policies available on the Internet, then there is a very good chance that your social media policy is overbroad and needs to be revised. For...
Anonymous Bloggers And The First Amendment: When And How Your Company Can Identify Its John Doe Defendants
By Michelle Sherman The exponential growth of the internet is also seeing an increase in the number of legal actions against “John Doe” defendants. John Doe is really synonymous with an anonymous speaker (blogger), who may be liable for claims such as copyright infringement, trademark...
By Michelle Sherman Companies would be legally remiss not to add a social media component to their corporate compliance and ethics program. As we have seen and reported on, agencies such as FINRA, the FTC, and the NLRB are bringing complaints against companies arising from their social media...
By Michelle Sherman A sound social media governance program means more than having a social media policy, or updating your document retention policy to include social media activity. It may also mean updating your Sarbanes-Oxley Act (“SOX”) compliance program to ensure that your...
By Michelle Sherman Many businesses are still coasting along enjoying the marketing advantages of social media without making sure they have a good compliance program in place. For every company with a Facebook fan page or Twitter account roughly 65 percent would admit they do not have a social...