Smooth Transitions

Smooth Transitions

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

Category Archives: Social Networking

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Facebook for Jury Selection

Posted in Social Networking
Although it’s nice to have high paid jury consultants and days to ponder potential jurors, the reality is in most jury trials the lawyer is handed a list of potential jurors minutes before they walk in the Courtroom door.  It’s then up to the lawyer and his client to sift through basic information about the… Continue Reading

The Death of Downtime – Never Ending Content and Evidence

Posted in Social Media, Social Networking
                                         With the rise of social networks that permit us to update the world on the details of our lives and smart-phones that allow access to email, social networks, and the internet 24/7, there is always something to do. Take a look around. On my drive into work there is always someone on a phone texting,… Continue Reading

FPA Links

Posted in Social Networking
           Today Bridget Blinn of my firm and I had the privilege of speaking to the FPA of Dallas/Fort Worth.  Below are some helpful links I referenced during the presentation: FINRA Regulatory Notice 10-06 – CFP/FPA Memo on the Financial Stability Act – Equal Unemployment Opportunity Commission – Texas Workforce Commission –… Continue Reading

Email Rules – Beyond Foul Language

Posted in Social Networking
                                         In cases with significant email traffic lawyers often use applications that sift through emails and documents using specific search phrases and terms.  Usually, the search terms and phrases tie to significant issues to the case or dispute.  Recently, the search terms used by the lawyers investigating the Lehman Brothers debacle were published. Those lawyers were charged with going… Continue Reading

Upcoming Presentations

Posted in Social Networking
                                   For those that are interested, I will be speaking on June 27, 2010 to the FPA Dallas/Ft. Worth Tarrant County Chapter regarding  the New FINRA Regulations on Social Media.  On July 9, 2010, I will be speaking on Temporary Restraining Orders in Judge James Stanton’s Court, the 134th Judicial District, Dallas County, Texas. … Continue Reading

Privacy Fights: Who owns your text message?

Posted in Social Networking
                                             You’ve probably seen friends, coworkers, family members, and strangers glued to their "smart phone" of choice as if it is somehow an appendage.  The use/addiction to these items is increasing as we become more and more mobile.  A couple of interesting stats courtesy of CNN: A Pew study found in January that 80… 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

Larry Johnson Update

Posted in Social Networking
                                                        An update on Larry Johnson:  He’s found refuge with the team of last resort, the Cincinnati Bengals.  A good question was raised in response to the Larry Johnson post last week: Would incidents like this be reduced if companies had a social media policy in place and provided guidance on acceptable use? It’s… 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

Clients, Competitors, and Employers are Watching Facebook

Posted in Hiring and Firing, Placement Professionals, Social Networking
Chances are you or someone you know is on Facebook, MySpace, or LinkedIn. Google yourself and you’ll probably see a LinkedIn or Facebook biography. Potential employers and recruiters will see the same information during the hiring process. When I prepare for a deposition I always do basic Internet research on a witness. It’s probably a… Continue Reading