Recent Articles

Do Your Social Media Accounts Belong To Your Business? Why Worry, When There Are Safeguards You Can Take Now

Sheppard Mullin

December 29, 2011 19:27

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...

Facebook's Settlement With The FTC Is A Wake Up Call For Businesses To Review And Update Their Website Privacy Policy And Agreements

Sheppard Mullin

December 27, 2011 19:41

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...

Using the Internet to Your Company's Advantage in Defending Against A Whistleblower Action

Sheppard Mullin

November 29, 2011 23:28

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...

Protect IP Act: One Approach to Dealing with Internet Piracy

Sheppard Mullin

November 29, 2011 18:58

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...

Legal Issues Surrounding Social Media Background Checks

Sheppard Mullin

October 03, 2011 18:04

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...

Your Social Media Policy May Need Revamping

Sheppard Mullin

October 03, 2011 17:36

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

Sheppard Mullin

July 25, 2011 23:13

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...

10 Social Media Must Haves For Your Corporate Compliance And Ethics Program

Sheppard Mullin

July 18, 2011 16:59

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...

Does Your Sarbanes-Oxley Act Compliance Program Reflect Your Social Media Presence?

Sheppard Mullin

June 21, 2011 21:59

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...

Is Your Company's Social Media Launch Ahead Of Its Compliance Program

Sheppard Mullin

May 17, 2011 21:04

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...