Publications

Section Newsletter Articles on Social Media

Social media and employer liability under the NLRA By Michael K. Chropowicz Labor and Employment Law, March 2013 Over the past year, the National Labor Relations Board has provided some degree of guidance on application of the National Labor Relations Act to employer social media policies. This brief article illustrates the Board’s position, giving management and their counsel notice of the types of policies that will be found unlawful.
Social media policies—The National Relations Board provides guidance on emerging issues By Marlene Fuentes and Gregory G. Thiess Corporate Law Departments, June 2012 There are currently three cases involving social media questions pending before the National Labor Relations Board and those decisions will provide still more guidance on employee use of social media outside of the immediate workplace. 
Discovery of social media: Document requests in a friend request world By Timothy J. Chorvat and Laura E. Pelanek Civil Practice and Procedure, April 2012 To date, there are no reported cases in Illinois regarding the discoverability of social media data, although these materials are being produced in discovery and introduced into evidence.
The danger of Internet checks as part of a company’s hiring process By Peter LaSorsa Labor and Employment Law, February 2012 The latest endeavor by companies is to check Web sites like Facebook and Twitter to see what new information they can learn about prospective employees. Is this a good idea? Are there potential land mines that the company could step on?
Current issues in connection with capital formation for privately held companies By William Hadler Business and Securities Law, November 2011 In early 2011 Goldman Sachs made two investments in Facebook, Inc. igniting a national debate over the regulatory framework governing private capital raising alternatives. 
The NLRB and social media revisited By Michael D. Gifford Labor and Employment Law, October 2011 The NLRB recently accused several employers, in what has become known as the "Facebook Cases," of violating Section 8(a)(1) of the National Labor Relations Act (“Act”) by enforcing their social media policies and interfering with employees’ Section 7 right to concerted activity.
The “Facebook Firing” case—Employer limits on restricting employee use of social media By Julie Krupa and Gregory G. Thiess Corporate Law Departments, April 2011 The issue in this case stemmed from an employee’s negative comments about her employer posted on the employee’s Facebook page.
Businesses “Like” what Facebook can do for them: A guide to drafting social media sweepstakes promotion terms By Erin E. Wright Business and Securities Law, March 2011 Sweepstakes promotions on Facebook are but one way to accomplish a business goal of widespread marketing likely to influence the greatest amount of individual consumers.
“Employer bashing” or “concerted action”: Consider your electronic use policy By Frank M. Grenard Corporate Law Departments, January 2011 An employee was recently terminated after posting complaints about her employer on her Facebook page, in violation, the employer claims, of its employment policy. What is too restrictive? What is appropriate? The case is scheduled for hearing on January 25th, 2011.
Employers asking for employee passwords for private Web sites like Facebook and Twitter By Peter LaSorsa Legal Technology, Standing Committee on, January 2010 Scenario: Prospective employee arrives at the interview and is asked to give a list of the private Web sites he has along with the passwords so the company can review before hiring. Is this legal? 
Bloggers beware By Adam Snukal Corporate Law Departments, July 2009 The Federal Trade Commission (“FTC”) is in the process of revising its Endorsement and Testimonial Policies and Guidelines—the first set of revisions since 1980.
Do your corporate policies consider social media? By Mark F. Hoffman and Trenton C. Dykes Corporate Law Departments, July 2009 From blogs to Facebook to Twitter, the use of social media is exploding. Increasingly, public companies are turning to these digital media avenues to capture and direct public attention and boost sales.
BlackBerrys, depositions, and the Illinois Rules of Professional Conduct By David S. Schott Civil Practice and Procedure, May 2008 Even though the BlackBerry and similar devices can benefit the lawyer while he or she is out of the office, the use of such a device during a deposition can cause a lawyer to run afoul of the Illinois Rules of Professional Conduct.