Smooth Transitions

Smooth Transitions

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

Tag Archives: Twitter

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

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

Non-solicits that address social media communications.

Posted in Non-Solicitation Agreements
                                        Typically, employers use non-compete clauses to prevent former employees from competing with them after they’ve provided them with trade secrets, customer information, or other proprietary information. Non-solicits can essentially have the same effect – by restricting or preventing a former employee from calling on or contacting former customers. Here is an example: You hereby agree and … Continue Reading

4 Social Media Commandments

Posted in Social Networking
Different companies have different and evolving social media policies that hopefully are tailored to the companies’ business but below are some social media commandments that most every employee should follow. Here is a start: (1) Assume everything you post is being read by your boss, supervisor, and grandmother.  The point is once content, updates, posts, pictures … Continue Reading

Facebook and FINRA: FINRA’s Social Media Guidance

Posted in Social Networking
FINRA recently provided social media guidance to broker/dealers.  The Regulatory Notice  guides firms on applying communication rules to social media sites which FINRA defines to include blogs and social networking sites like Facebook.  It does not apply to sites used for purely personal reasons but the line between the two blurs as the growth of social media continues. … Continue Reading

The Granny Test for Twitter

Posted in Social Networking
                                                             Over the past few months Twitter has exploded.  It’s everywhere, from Best Buy advertisements to Lance Armstrong’s updates during the Tour de France.  Twitter has 23 million users and 54% of Fortune 100 companies have some Twitter presence.  The point is, Twitter is not going away in the near future nor is social media.  … Continue Reading

Facebook/Twitter and the Boss

Posted in Social Networking
A recent study by Deloitte concludes that 60 percent of executives believe they have a right to know how employees portray both themselves and their employers on online social networks.  On the flip-side, 53 percent of employees say such postings are not their employer’s concern and in the 18-34 demographic that number rises to 63 … Continue Reading

Tweets and the SEC

Posted in Social Networking
                                           An article in yesterday’s Wall Street Journal focused on corporations use of Twitter and scrutiny of Tweets by the SEC.  The article identified the rub between corporate transparency and SEC compliance: Blogs and tweets can run afoul of Securities and Exchange Commission regulations on corporate communications. But sanitizing such posts risks hurting credibility with … Continue Reading

What should your company’s social media policy be?

Posted in Social Networking
                                           Some employees access twitter and facebook at work.  Some have applications on their company provided handhelds that allow access.  Others are blogging about the workplace.  What is the right social media/web 2.0 policy?   It needs to match company culture and standards. What works for a brokerage firm may not work for an upstart computer gaming company.  So what are companies … Continue Reading
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