National Labor Relations Board and Social Media – May Guidance
The NLRB has been pretty hard on social media. It has also been hard on employers because it keeps finding social media policies unlawful without providing much guidance on what it wants. However, in May, the NLRB finally provided some examples of what it is seeking, and even gave an entire policy its ok. First, […]
Voter ID Law in PA – Where are we now?
As you most likely know, there is a great deal of controversy over voter ID laws this year. Here in Pennsylvania, the law was challenged and upheld in our lower courts. Just today, much to my surprise, the Pennsylvania Supreme Court sent the case back to the lower court for some additional analysis. The issue […]
Free speech doesn’t mean what a lot of people think it means
Frequently the first thing people cry out when some business or individual tells them they can’t say something is, “hey, I have a first amendment right to say whatever I want!” These people are, of course, speaking of the part of the first amendment that addresses free speech. And, as it happens, these people are […]
Changing or Selling Firms and Ethics – Sharing Client Names and ABA Model Rule Changes
There are many complicated ethical concerns when an attorney seeks to make a lateral move or to sell her firm. One of the foremost issues involves client confidentiality, e.g. when should the moving/selling attorney share information with the new firm/buying attorney so as to enable a conflict check? Sale of a Practice Here in Pennsylvania, […]
Do not ignore mail from court
Some of the biggest problems I see people encounter come from ignoring their mail. For example, a lot of people who find themselves in terrible financial situations could head off a lot of the upsetting calls and letters simply by communicating with their creditors early on in the process. Creditors generally just want to get […]
Judge Stanton Wettick Rules on Facebook Discovery
Judge Wettick is a a discovery judge. He knows what he is doing. And I have waited for some time to hear what he has to say about Facebook and discovery. I actually had the chance to speak with Judge Wettick about Facebook and discovery some years ago when I asked him to speak at […]
Is clicking Like on Facebook Speech?
A judge in Virginia ruled that liking a page on Facebook is not speech. In the case, employees of a Sheriff “liked” the opposition’s Facebook page. When the Sheriff won the election, he fired 6 employees. We don’t know for a fact that the Sheriff fired the employees because they liked the page, so let’s […]
What a dust up, can (and should) employers ask for a Facebook password?
First, under no circumstances should employers/potential employers ask for a Facebook password. I have absolutely no doubt that if an employer views an individual’s Facebook account it will learn things it shouldn’t know in regard to the hiring/firing process. And then, if the employer doesn’t hire the person, or seeks to terminate the person, the […]