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Maximizing the effectiveness and efficiencies of electronic communications (e.g., social media, BYOD, telemarketing) while avoiding legal, contractual and ethical pitfalls.

Social Media and Other Online Communications

  • Regulating and Responding to Employees’ and Other’s Activities in Social Media and Blogs. Companies frequently face instances of cyber-smearing and reputational harm at the hands of employees, customers and others who engage in certain activities on social media and on blogs. However, the law places several limits on how companies may regulate activity in these venues, including with respect to employees under the National Labor Relations Act. We assist companies with identifying and addressing these issues including in the form of policy development and training.
  • Website Communications and Terms of Use. Communications with customers, third-party partners and employees about the use and disclosure of their personal information collected on company websites, as well as appropriate use of these websites, is subject to increasing scrutiny. We help clients navigate regulation in this area and develop clear and comprehensive statements about appropriate collection, use and tracking activities on company websites.
  • FTC Endorsement and .com Disclosure Compliance. Most companies use social media to build their brand, market their products and influence public opinions on a variety of issues. However, these actions are limited by, among other things, the prohibitions on unfair and deceptive trade practices. We assist companies with shaping the content and method of communications to comply with these requirements.
  • Use of Social Media in Hiring, Disciplining and Terminating Employees. Social media can be a valuable tool to learn information about potential and current employees, and their suitability for certain employment. However, federal, state and local laws place restrictions on whether the information can be obtained, the manner in which it is obtained and if it can be considered to make employment decisions. We advise on all applicable laws impacting an employer’s ability to access and consider an applicant’s or employee’s online social media account information.
  • Social Media in Litigation. We assist clients with developing and implementing strategies for mining social media for use in litigation, subject to applicable legal, contractual and ethical limitations.

e-Communication Policy and Procedure Development

We advise on developing and implementing policies and training programs to guide employees and other users concerning the acceptable uses of the companies’ information systems, including, e-communication, social media and website/WiFi access, among others.

e-Application and Onboarding Program Design and Implementation

Increasingly, companies prefer to manage their hiring and onboarding processes online. We work with clients to design their web-based tools to comply with applicable laws and notice obligations.

Telephone Consumer Protection Act Compliance and Litigation

Companies that engage in telephone solicitations, calling campaigns or the use of automatic telephone equipment are generally subject to the restrictions set forth in the Telephone Consumer Protection Act (TCPA). We regularly advise clients on compliance issues under the TCPA and have defended and settled suits, and third-party information requests, brought under the TCPA.

Children’s Online Privacy Protection Act Compliance

Website operators that gather information from children under the age of 13 must comply with the Children’s Online Privacy Protection Act (COPPA). This applies not only to internet gaming sites, but also to large retail sites that might not specifically target children but have “one-click” ordering that could nonetheless gather information from children under 13. We counsel website operators and mobile application designers on how to comply with COPPA, which has a substantial regulatory enforcement scheme.

SEC and FINRA e-Communication Monitoring and Recordkeeping Compliance

The SEC and FINRA regulators require appropriate recordkeeping and supervision of electronic communications for broker-dealers under SEC Rule 17a-4, FINRA Rule 4510, NASD Rules 3010 and FINRA Rule 3130, including email, attachments, instant messaging, social media and other electronic communications. We assist clients subject to these rules to ensure they maintain compliant recordkeeping and supervision systems.

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January 7, 2019

2019: The Year Ahead for Employers

January 7, 2019

Over the past year, state and local governments responded in a variety of ways to national policy, and the midterm elections painted a picture of what’s in store for employers in 2019 and beyond. Jackson Lewis’ annual report outlines upcoming issues, trends, legislation and regulations employers need to be aware of in the coming year... Read More

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July 9, 2018

Jason Gavejian, Joseph Lazzarotti and Mary Costigan Discuss Successful Compliance With GDPR

July 9, 2018

Jason Gavejian, Joseph Lazzarotti and Mary Costigan discuss steps for businesses to take in the age of GDPR in "How the GDPR gives new meaning to established privacy and security principles," published by EVERFI. Subscription may be required to view article Read More

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Nov 13

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Privacy Issues and Data Breaches

Adam Guttell and Jeffrey Schlossberg discuss privacy issues and how employers can prevent data breaches.

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