Rogers & Tartaro On Main Street : New York and Connecticut Business Litigation Lawyer & Attorney : Rogers & Tartaro Law Firm : Commercial Litigation : Westchester County NY, Fairfield County CT

In a post in this week’s Connecticut Employment Law Blog, Dan Schwartz brings up some compelling points. He notes that while it is legal to “friend” a student or subordinate, it may not be prudent for a teacher or supervisor. 

I am in full agreement. But, I would like to point out that there may be some limited instances (“limited” being the key word here) where involving students or subordinates with social media projects might make sense.  For example, a site allowing students to share research results for a class project need not contain highly personal material.  A site set up for school (or company) alumni to share photos of their reunion also need not include highly personal material. The question is: can limits be maintained on the use of the tools so that the constructive purposes are not canceled out by the downside risks? 

CNN recently featured a report about an elementary school in Iowa that uses Facebook to keep in touch with parents and let them know what’s going on in the classroom. Facebook statuses are updated daily, often by the children.   A teacher featured in the story remarked that she wanted to show children that “social networking can be a positive tool.”

Teachers shouldn't necessarily shun social media if they can identify projects relevant to the educational goals of their students, who spend a great deal of time online. However, choosing the right tools such as district chat sites or blogs may be a safer option.    

As we’ve said before, paraphrasing and extending a recent court decision, no reasonable person can have an expectation of privacy regarding material published on the internet.

* photo courtesy mediabistro.com

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There appears to be an emerging need for legal expertise in the areas regarding social media. Last week, the Connecticut Business Litigation Blog posted about this trend. Author N. Kane Bennett states that “as the use of social media continues to grow and involve massive numbers of users, so does the risk of litigation and potential for numerous other legal issues.” Apparently businesses and law firms are recognizing this, too. The CT Business Litigation Blog points out that Citigroup is looking for a new attorney in its ranks, but in what may be a new trend, the Citi job is for Associate General Counsel-Social Media Attorney.

Clorox is also looking for a new attorney who focuses on social media. The publication Advertising Age quoted a Clorox spokesman’s e-mail: "As a newer communication channel, the application of existing laws to this medium is evolving. For those reasons and the rapid pace of communication in the Web 2.0 world, we're seeking an attorney to focus on social media as well as talent rights."

A quick search on an employment site for attorneys revealed at least four firms searching for legal professionals with social media experience.  Because this is a relatively new legal area, there seems to be a large range of expertise required, indicating the breadth of impact. 

In our firm, our interest tends to focus on employment law and the impact on evidentiary rules in litigation. But, many other issues are involved, especially, intellectual property, contracts and privacy issues.

All of this is good news for law students, who may be needed in newly created positions, but it also offers a lesson to those of us already in the legal profession: we must keep up with the times. 

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Last week, I was invited to participate on a panel for a “Social Media Boot Camp.” I was asked to present material from my blog and answer appropriate questions from the audience. The event was jointly sponsored by the Ridgefield Chamber of Commerce and the Ridgefield Library.

Joining me on the panel were Maria Miranda of Miranda Creative, a social media-based advertising and branding agency, and Kerry Anne Ducey, the author of Talk of the Town, the popular blog about the town of Ridgefield.

I was pleased to learn that the turnout was the largest the Ridgefield Chamber had ever seen at an event like this. There was apparently great local interest in the topic of the escalating field of social media.   

Although I was a featured guest on the panel, I learned a great deal that morning. There are scores of social media vehicles emerging every day, and the tools and methods available are overwhelming. As an attorney, however, I recognize that these amazing capabilities raise an array of issues that test our laws and create opportunities for conflict. Privacy issues are of course inherent with anything online, but there are questions about content control and ownership, defamation, litigation impact and employment practices, among others. 

I understand that the attendees left with a great deal of knowledge and even more questions than we had time for. The one question most had was, “can you do this again?” My thanks to the Chamber and Library for giving me the opportunity to participate in a very educational and useful event.

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Although we don’t practice criminal law, recent articles such as the one in ABC News should spark anyone’s interest. The issue is whether law enforcement authorities can or should become online “friends’ to pursue their criminal investigations.

ABC News reports that an internal Justice Department document states that U.S. law enforcement agents are using social media to surreptitiously collect information on suspects. According to ABC News, the document, obtained through a Freedom of Information Act lawsuit, reveals that agents are browsing targeted individual’s postings, personal photographs and video clips, as well as identifying their friends and relatives. Additionally,according to the report, agents may disguise themselves with false online profiles and exchange messages with suspects.

This, of course, brings up a plethora of issues about privacy and crime-fighting. Where does one draw the proverbial line? How much of the evidence from social networking is admissible in court? The alleged perpetrators in the popular NBC “To Catch a Predator” series claimed entrapment. Fortunately, it seems many suspects are reckless, posting photos of themselves on their Facebook pages enjoying the spoils of their illicit activities. 

Recent cases seem to indicate that individual states will be controlling these decisions. California, for example, seems to be more protective of social media privacy than New York.  

We’ll keep a close eye on these developments. In the meantime, we advise everyone, whether a Good Guy or Bad Guy, to check privacy settings. And, know who your “friends” are.

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The other night I was watching an episode of “The Office.” The company of the title, Dundler Mifflin, had recently been acquired by a large corporation. Much to the horror of the DM employees, the new company sent an IT manager in to remove access to any questionable websites and social networking arenas, including Twitter and Facebook.

Apparently this is not just material for television. According to the National Law Journal, more than half of surveyed companies said they prohibit employees from visiting sites such as Twitter, Facebook and MySpace. In fact, the article says, 76 percent of companies are actually blocking employees' use of social networking.

It stands to reason that employers can prohibit activities not related to their work. Legally, employers have the right to institute such policies. However, company policy about such things should be done in a way that doesn’t humiliate employees or create resentment. After all, social media is here to stay, and can actually benefit companies. As Daniel Schwartz of the Connecticut Employment Law Blog says, developing a social media policy and practice should be part of many companies' overall strategy.

A Canadian woman might have fared better with these regulations in place. A recent Law.com post reported that the woman is fighting an insurance company's decision to cut her benefits after an insurance agent found photos of her vacationing, at a bar and at a party.

She posted them on Facebook.

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