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. 


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


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

Seventy percent of participating U.S. employers indicated they had rejected a job applicant based on their on line profile in a recent Microsoft survey.  U.S. employers were well ahead of the UK, Germany, and France:


The study found that employers’ scrutiny focused on concerns about the applicant’s lifestyle, inappropriate comments by the candidate, and unsuitable pictures and video:

Continue Reading Surprise? Potential employers are considering online profiles.

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


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

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


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


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