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


Last year FINRA published its social media guidelines as contained in Regulatory Notice 10-06.  As discussed previously, broker/dealers are subject to very onerous restrictions when it comes to social media communications.  The restrictions are so burdensome it is questionable why a financial advisor would use social media for business purposes beyond general networking.


 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

                                    George Orwell, Author of 1984

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


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