Smooth Transitions

Smooth Transitions

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

Tag Archives: Facebook

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

How much time are your employees on Facebook?

Posted in HR Issues
                                            Dallas City Hall revealed that a number of city employees were on Facebook a few too many hours during the workday: A City analyst had his Facebook account open for 68 hours during a three month period beginning in January.  One racked up 198 hours in the same three month period.  Others, including a… 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

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

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

The LinkedIn Lawsuit – Follow Up

Posted in Non-Compete Agreements
                                               A few months ago I profiled a non-compete/non-solicit lawsuit where the Plaintiff employer used LinkedIn communications as evidence to support their claims against several former employee recruiters.  The case was covered in a number of media outlets and blogs. In the interim the Defendants answered the lawsuit and filed a counterclaim.  Here’s what the… 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

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