Smooth Transitions

Smooth Transitions

addressing the Legal issues arising from the departure of employees & Business breakups

Category Archives: Social Media

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The Death of Anonymity Courtesy of Facebook

Posted in Social Media
The Alabama mother of three who appeared to have a few too many at the OU/BAMA game and then took on a group of OU undergrads illustrates just how quickly one can go (courtesy of the internet) from mild mannered fan/mother to internet sensation.  I some how doubt that Michelle Pritchett envisioned diving into a… Continue Reading

Is Social Media Legislation Coming Your Way?

Posted in Social Media
                          Legislation regarding social media is on the rise.  Commentators spend a lot of time monitoring the implications of social media in the employment and lawsuit context but the judicial branch is now weighing in as well.  A number of legislatures have already enacted laws that address what happens to social media accounts like Facebook… Continue Reading

The Cowboys’ Cheerleader and her Twitter Account

Posted in Social Media
                 Keeping with the NFL’s Thanksgiving tradition, the Dallas Cowboys played the Miami Dolphins in Dallas last Thursday afternoon.  The Cowboys came out on top and now lead the NFC East.  That, however, was not grabbed my attention about the game. In the fourth quarter, Cowboys tight-end Jason Witten caught a pass on the sideline. … Continue Reading

Fulbright’s Litigation Trends

Posted in Social Media
Fulbright & Jaworski’s 2011 Litigation Trend survey provides a number of interesting tidbits on all things litigation, including some insight into social media practices by employers. There were a couple of items raised in the survey that have serious implications for employers:  •        One-fifth of all respondents reported in a previous year their companies had to… Continue Reading

Nowitzki’s First Pitch

Posted in Social Media
     A related blog post was inevitable with the World Series here in North Texas.  Right now the Rangers are up 3-2 with a game tonight in St. Louis if the weather holds.   Now to the "related" post.  The power of social media continues to grow, and Major League Baseball’s debacle with Dirk Nowitzki’s first pitch… Continue Reading

Top 25 Labor and Employment Blogs

Posted in Social Media
                                                  We are  pleased to announce that Lexis/Nexis has awarded this blog the distinction of being a Top 25 Labor and Employment Blog.  Thank you all for voting for the blog and following it over the years.  We will continue to work on bringing relevant content to the blog. If you have any suggestions please let… Continue Reading

Top Law Blogs

Posted in Social Media
                                                    This blog has been nominated by LexisNexis as a top 25 Labor and Employment Law Blog for 2011.  If you like the blog, please consider voting for it – details below:   Each comment is counted as a vote toward the supported blog. To submit a comment, visitors need to log on to their… Continue Reading

Upcoming Podcast

Posted in Social Media
                                   On July 14, 2011, I will be a part of a panel discussion on social media on the Proactive Employer podcast – http://www.blogtalkradio.com/theproactiveemployer. Please check it out.… Continue Reading

What if you were Anthony Weiner’s boss?

Posted in Social Media
                                      Rep. Weiner decided to come clean and admit the Tweet and attached picture he sent to a woman was sent by him and of him. According to CNN, Weiner’s communications were not limited to one woman and took place with several over the last three years.  I’ll spare you the salacious details and pose the following question: … Continue Reading

Orwell Part II: Rethinking Personal Privacy

Posted in Social Media
                                The post from last week raised some interesting question regarding the employer monitoring of employee social media communications.  The takeaway – Do we need to rethink the sacrosanct division of our employment versus private lives?  As social media use continues and increases, individuals are creating more and more online content. With more and more content… Continue Reading

George Orwell and Social Media

Posted in Social Media
                                    Ohio lawyer Jon Hyman provided some insight yesterday on the NLRB’s latest social media case.   The short of it is an employer is alleged to have fired five employees because of negative Facebook posts about employment conditions.   Others have weighed in on the propriety of the firing, but from my perspective that’s not the interesting part… Continue Reading

So my IPhone is tracking me?

Posted in Social Media
  It’s a little disturbing to think that your smart phone is secretly tracking your whereabouts and hiding the information in some discrete place only a computer scientist can find.  That appears to be what the iPhone is doing.  According to the Wall Street Journal, even turning off the tracking features of an iPhone does… Continue Reading

Social Media Signals of an Employee Departure

Posted in Social Media
                                            A few social media signs that an employee is leaving: The Obvious –  A Linked-In or Facebook profile update that includes the name of a person’s new employer; The Obvious – An actual description of the new employer or business in a social media profile; The Obvious – A status update where the employee… Continue Reading

Social Media Discovery Made Easy

Posted in Social Media
                                                  Daniel Schwartz’s latest entry on social media discovery illustrates how easy it is for parties in a lawsuit to obtain someone’s Facebook records: No longer are companies required to spent countless hours subpoenaing Facebook for the records of the terminated employee who is suing you. Just ask for the Plaintiff to download all of his or… Continue Reading

Tweets + Coutney Love = Defamation?

Posted in Social Media
Let’s face it there is a lot of nastiness out there in cyberspace.  For some reason some feel more empowered to say about anything on message boards, social media outlets, and chatrooms.  Those statements however can form the basis for a lawsuit.  Kurt Cobain widow and Hole lead singer Courtney Love has been sued by… Continue Reading

Tailoring A Social Media Policy: The NFL Example

Posted in Social Media
                                                  Advice is aplenty for business owners on what should comprise their social media policy.  The universal comment is the policy should be tailored to the particular business and there is no one-size-fits-all policy.  Professional sports leagues are not any different.  Last year the NFL set forth its social media policy in a league memo.  The… Continue Reading

DFW AMA Marketing Jam

Posted in Social Media
For those that attended the DFW AMA Marketing Jam, here is my presentation.  Here are some relevant links as well: The FTC’s Settlement of the Reverb Case New FTC Guidelines Affecting Social Media The Digital Millennium Copyright Act   Thanks for attending.  … Continue Reading

A lawyer’s dream – Facebook Discovery

Posted in Social Media
                                           There have been numerous discussions here regarding individuals chronicling their daily lives through the use of Facebook, Twitter, blogs and other social media. We can provide location information through foursquare or talk about our job through a Facebook status update or Twitter tweet. The possibilities are endless and lawyers are beginning to focus on social media… Continue Reading

Social Media Screening (Potential Hires): Part 1

Posted in Social Media
                     Social media sites can give an employer/recruiter information about potential hires that you can’t ask in an interview.  Take Facebook for instance, you can learn the following about me from my profile and posts: Race/Ethnicity – just take a look at my picture; Age – set forth in my profile; Marital Status – set… Continue Reading
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