1. Tweet This: Popular Social Media Reads

    In case you missed the tweets, shares, likes, and recommendations first time around, here’s a quick recap of popular social media-related reads on JD Supra over the last few weeks. Tweet this, people:

    1. Some Things Better Left Unshared: Social Media and Medical Identity Theft
    2. Social Media Job Updates: The “Footprints in the Snow” Showing Customer Solicitation?
    3. Draft FDA Guidance on Real-Time Promotional Statements Made Via Social Media
    4. Update on Social Media Legislation in Maine
    5. Social Media & Protected Activity: Not Always a Third Rail for Employers
    6. [Video] Should an Employer Have a Written Social Media Policy?
    7. There is Such a Thing as Over-Sharing: Former Employee Forfeits Portion of Settlement Payment After Daughter Discloses Settlement on Facebook
    8. How Lessons Learned From “Yik Yak” Can Help You Address The Next Novel Social Media Bullying Trend
    9. Representing Clients In The Age Of Social Media Is Not As Easy As You Think
    10. @FDA Gives Little Guidance 2 #Pharma re Social Media
    11. Social Media – Revise Your Policy If It Says This
    12. Social Media Is Part of Today’s Workplace but its Use May Raise Employment Discrimination Concerns
    13. Employment Law Alert - Mar 2014: LinkedIn: What’s Your Policy ?

    Read additional social media updates & commentary via Twitter»

    [image credit: geek.com]

  2. Here’s Your Guide to the Future Hot Issues of Technology and the Law

    Truth be told, there’s always friction at the intersection of law and technology. But we think these five issues will dominate that landscape for years to come:

    1. Consumer privacy in a Big Data world

    According to one attorney, your keyboard knows as much about you as does the NSA. And it’s not just your keyboard: data brokers track the apps you use, the websites you visit, the stores you frequent. And then they package up that information and sell it to advertisers. Read:

    2. Use and regulation of virtual currencies

    Bitcoin – and its widely fluctuating value – have dominated the headlines as of late, but there are in fact dozens of virtual currencies available on the market today. And so far, governments haven’t figured out just how to regulate a single one. That will change. Read:

    3. Liability for hacking and data breaches

    Who’s responsible when a company’s consumer databases get hacked? Most of the time, the Feds blame the businesses for not developing and maintaining adequate protection of their customers’ personal information. But the question’s far from settled. Read:

    4. Preservation of evidence in the social media age

    Getting a divorce? Suing a former employer? Claiming workplace injuries? Your social media accounts just might tell a different story than the one you want your opponent to know. But deleting those accounts ahead of the lawsuit could get you in trouble with the court. What to do? Read:

    5. Genetic testing

    Genetic testing is a minefield of legal disputes, ranging from the regulatory struggles of genetic diagnostics company 23andMe, to the patent infringement lawsuits filed by Myriad and its competitors over tests for human cancer genes, to DNA testing of arrestees.  Read:

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    Find additional commentary and analysis at JD Supra Business Advisories»

  3. JD Supra Morning Brief: NSA Spying, Reporters Shield, Communications Skills, Family Jewels

    Great moments in Supreme Court history: on this day in 1975, Justice John Paul Stevens is appointed to the court by President Gerald Ford. He would serve nearly 35 years.

    From stand-up comedian, to corporate lawyer, to blogcasting entrepreneur: an interview with “Stealth Lawyer” Zach Abramowitz… (Bloomberg Law

    Judge rules NSA collection of telephone metadata is illegal… (Travis Wall at Barger & Wolen

    New York City employers have a little over three months to update leave policies to comply with the Earned Sick Time Act… (Stephanie Aranyos at Ogletree Deakins

    One strike, and you’re out. Of a job. Forever? (Charlie Plumb at McAfee & Taft

    “Oh give me a shield, where New York reporters roam…” (Carolyn Foley at Davis Wright Tremaine

    Five written communications skills for in-house counsel – and everybody else… (Walt Metz, JD Supra Perspectives

    How to protect your brands and domains against cybersquatters? Lock up the family jewels… (John Blattner at Dickinson Wright

    The IRS just answered some outstanding questions for same sex spouses… (Jeffrey Ashendorf at FordHarrison

    It took more than 3 years and a 500-page application for professional video game player Kim “ViOLet” Dong Hwan to get an athlete’s visa to enter the US… (Yova Borovska at Fowler White Boggs

    Is it legal in Canada to do business in Bitcoins? (Nathalie Beauregard at Osler

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    See you online»

  4. JD Supra Weekend Reader: Snapchat Uses, Food Allergies, 23andMe Lawsuit, Drone Law

     

    Can’t make it to the beach? Lose yourself in the JD Supra Weekend Reader:

    How long until Snapchat becomes the tool of insider traders? (Alice Hsu at Akin Gump

    When it comes to year-end planning, what’s the one thing most small business owners don’t do but should? (James Irving, Isabella Lee, and Kristin Murphy, JD Supra Perspectives

    And sometimes, “I’ve got a new job” announcements on social media are just announcements… (Rebecca Rizzo at Pillsbury

    Welcome to the 21st century. Here’s how to inspire your millennial workforce… (JD Supra Perspectives

    The CDC just released new guidelines for school food allergy management plans… (Amy Kosanovich Dickerson at Franczek Radelet

    First the FDA, now a customer class action: things are going downhill fast for 23andMe… (Kevin Noonan at MBHB

    Here are five reasons why your business needs to have – and regularly update – an employee handbook… (Randi Kochman and Michael Morea at Cole Schotz

    What do startups need from their lawyers? Solutions, expertise, precision… (Debbie Rosenbaum, JD Supra Perspectives

    Unlike your mother, your employer isn’t particularly worried that YOU will get sick if you don’t wash your hands regularly… (Howard Mavity at Fisher & Phillips

    Uh-oh: your Amazon Prime Air delivery might take a little longer than expected to get to your house… (David Kent at Sedgwick

    Who will take care of your online accounts when you’re gone? (Sarah Butters and David Shayne at Holland & Knight

    Whether or not the employee actually wrote the Facebook post that got him fired didn’t even matter… (Richard Raysman at Holland & Knight

    Virginia will not recognize joint tax returns filed by married same-sex couples… (Thomas Aldous at Williams Mullen

    Goes without saying? We’ll say it anyway: do not post that which should be kept private… (Pallie Zambrano at McManis Faulkner

    We’ve all been there: buying the house next to your ex so you can aim a 12-foot high “flipping the bird” sculpture in their direction. But is the “art” a public nuisance? (Steven Stein at Greenberg Glusker

    Even the FDA thinks you could shoot your eye out with that (laser) gun… (Michael Barasch at Barasch McGarry Salzman & Penson

    Your holidays will definitely be happier if you don’t set yourself up for unnecessary employer liabilities… (Stephanie Leach at Snell & Wilmer

    The Texas Supreme Court is set to determine if it is trespassing when wastewater from a distant fracking well pollutes your property… (Andrew Doggett at BakerHostetler

    C’mon Massachusetts – daddy needs a new pair of shoes… (Michael Tarantino at Adler Pollock & Sheehan

    The problem with the latest version of the “patent troll” bill? It’s being written by non-practicing lawmakers… (Andrew Williams at MBHB

    Sandwich recipes are trade secrets? Yup - since 2002… (Daniel Corbett at Orrick

    What’s wrong with the IRS tax exemption for ministers? For starters, it’s unconstitutional, says one court… (David Gair at Looper Reed & McGraw

    Here’s your year-end estate planning guide… (Katten Muchin Rosenman

    Medical marijuana will be blowing into the Windy City in 2014… (Michael Groebe at Foley & Lardner

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    Buzz over and see us sometime: @JDSupraBuzz»

  5. JD Supra Morning Brief: Year-End Planning, Job Announcements, Millennial Workforce, Campaign Contributions

    "I’m not a saint unless you think a saint is a sinner who keeps on trying."
    Nelson Mandela 

    When it comes to year-end planning, what’s the one thing most small business owners don’t do but should? (James Irving, Isabella Lee, and Kristin Murphy, JD Supra Perspectives

    And sometimes, “I’ve got a new job” announcements on social media are just announcements… (Rebecca Rizzo at Pillsbury

    Angels and VCs and crowdfunding equity holders, oh my – can we all get along? (Noreen Weiss Adler

    No, you don’t have to register works to get copyright protection. But you definitely should… (Janina Gorbach at Foley & Lardner

    Welcome to the 21st century. Here’s how to inspire your millennial workforce… (JD Supra Perspectives

    The CDC just released new guidelines for school food allergy management plans… (Amy Kosanovich Dickerson at Franczek Radelet

    Are lawmakers trying to gut the Endangered Species Act? (Erik Beck at Nossaman

    How long will it be until Snapchat becomes the tool of insider traders? (Alice Hsu at Akin Gump

    Federal campaign contribution laws are complex. But don’t just take our word for it… (Christopher DeLacy at Holland & Knight

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    Find more on Twitter: @JDSupraBuzz»

  6. JD Supra Morning Brief: Horton Victory, Facebook Firing, Same-Sex Taxes, Cracker Barrel

    Get the JD Supra Morning Brief delivered straight to your inbox every weekday morning. Because law news:

    Bar association initiatives to match new lawyers with moderate-income clients could be a win-win for everyone involved… (Bloomberg Law

    Horton heard a huge victory over the NLRB yesterday. Here’s Q&A with D.R. Horton’s lead lawyer on what the ruling means for all companies… (Ron Chapman, JD Supra Perspectives

    Whether or not the employee actually wrote the Facebook post that got him fired didn’t even matter… (Richard Raysman at Holland & Knight

    This is why you need to address spousal rights when assigning, acquiring, and litigating patent rights… (Stanley Gibson at JMBM

    SEC interest in the EB-5 program is growing… (Lawrence Bard and Daniel Nathan at Morrison & Foerster

    Hey, look: Australia just pulled into the fast lane on the Global Patent Prosecution Highway… (Carl Harrap and Cassandra Horn at Freehills Patent Attorneys

    Virginia will not recognize joint tax returns filed by married same-sex couples… (Thomas Aldous at Williams Mullen

    Goes without saying? We’ll say it anyway: do not post that which should be kept private… (Pallie Zambrano at McManis Faulkner

    We’ve all been there: buying the house next to your ex so you can aim a 12-foot high “flipping the bird” sculpture in their direction. But is the “art” a public nuisance? (Steven Stein at Greenberg Glusker

    Kraft puts rival over a barrel with trademark infringement victory… (Madeleine Rodriguez at Foley Hoag

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    Looking for more? Look on Twitter: @JDSupraBuzz»

  7. JD Supra Weekend Reader: GoldieBlox Rhymes, Turkey Trademark, Google Glass, Internet Privacy

    How to spend a lazy Sunday in December: cold turkey sandwiches, a warm fire, and the JD Supra Weekend Reader: 

    You’re gonna love this up-date / rhymin’ on the de-bate / ‘tween GoldieBlox ‘n Beastie Boys / over Girls and some tech toys… (Sarah Feingold, JD Supra Perspectives

    Gather ‘round kids, for the traditional Thanksgiving Day turkey trademark tale… (David Kluft at Foley Hoag

    Lawmakers just introduced a bill that would amend the Fair Labor Standards Act to cover both employees and “non-employees.” Huh? (Steven Rowe and David Woodard at Poyner Spruill

    Every new generation has been frustrating for managers of previous generations – just ask Socrates – and Millenials are no different… (Ben Gipson at DLA Piper

    Just in time for the holiday travel season, the FAA has announced its New Obstructive Sleep Apnea Policy… (Dale Deitchler at Littler

    We don’t want to sound like the Grinch, but there’s no law that requires an employer to provide time off – paid or unpaid – for national holidays… (Tiffani McDonough at Obermayer

    Sadly, “privacy in social media” is pretty much an oxymoron… (Mark Sableman at Thompson Coburn

    How will the rise of Google Glass impact e-discovery? (Michele Lange, JD Supra Perspectives

    Actually, your keyboard may know more about you than the NSA does… (Lance Koonce at Davis Wright Tremaine

    Google’s $17 million “Safari Browser” settlement will bring significant changes to the search giant’s privacy practices… (Julia Siripurapu at Mintz Levin

    WordPress pushes back against “DMCA takedown notice” censorship… (David Kluft at Foley Hoag

    Romance is a trade secret? We’ve always considered it more of a non-compete… (Valerie Goo and Catherine Lui at Orrick

    How will the rise of Google Glass impact the food industry? (Marc Sanchez, JD Supra Perspectives

    Of course you have a business plan. But do you have a business transition plan? (Jeffery Bird at Lane Powell

    There are three simple privacy rules for online marketers… (Travis Crabtree at Looper Reed

    Here’s how to stop your office party from turning into a legal nightmare… (Corporate Law Report

    Most people make the bulk of their charitable donations during the holidays… (BakerHostetler

    DIY’s great when you’re fixing a leaky faucet. Doing your estate plan – not so much… (Robert Smith at Smith & Doran

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    Buzz over to Twitter for more»

  8. JD Supra Morning Brief: Google Glass & E-Discovery, Social Media & Privacy, Innocent Spouses & Taxes, DMCA Takedowns & WordPress

    image

    The new math: coffee + law news = the best part of Tuesday morning. Enjoy!

    Sadly, “privacy in social media” is pretty much an oxymoron… (Mark Sableman at Thompson Coburn

    How will the rise of Google Glass impact e-discovery? (Michele Lange, JD Supra Perspectives

    Actually, your keyboard may know more about you than the NSA does… (Lance Koonce at Davis Wright Tremaine

    Soon-to-be-ex run up a big tax bill? You may be eligible for “innocent spouse” relief… (Fuerst Ittleman

    Google’s $17 million “Safari Browser” settlement will bring significant changes to the search giant’s privacy practices… (Julia Siripurapu at Mintz Levin

    Did intellectual property just get its own superhero? (Steve Baird at Winthrop & Weinstine

    WordPress pushes back against “DMCA takedown notice” censorship… (David Kluft at Foley Hoag

    Every day, approximately 105 Americans die and another 6,748 receive treatment in emergency rooms for drug abuse and misuse… (Mark Tate at Tate Law Group

    The Small Business Association is on the lookout for prime contractors who “bait and switch” subcontractors to win federal projects… (Stewart Kameen at Ober|Kaler

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    Buzz on over to Twitter: @JDSupraBuzz»

    [image source: Flickr/robjewitt]

  9. JD Supra Weekend Reader: Graffiti Art, Holiday Parties, Google Books, Workplace Bullying

     What to do on a lazy Sunday morning? Grab another cup of coffee, curl up under a warm blanket, and catch up on the week’s law news:

    What you need to know when launching your new website… (Jaburg Wilk

    The destruction of 5Pointz graffiti art “canvases” provides a cautionary tale for artists and property owners alike… (Nicole Kinsley at Foley Hoag

    Sorry Starbucks – “Mr Charbucks” does in fact not dilute your brand… (Jessie Kuhn at BakerHostetler

    When “ladies nights” are outlawed, only outlaws will… Wait a minute – ladies nights are already illegal in California… (Anna Buono at Davis Wright Tremaine

    Three Facebook posts that can get you fired… (Is That Legal?

    Linking limits libel liability; lawsuit lacks legal legs… (Mark Sableman at Thompson Coburn

    How does the recent Google Books “fair use” decision impact owners of music, video, and other non-book content? (Aaron Moss, JD Supra Perspectives

    36% of employers report employee misconduct at holiday parties… (Albert Brannen at Fisher & Phillips

    Boys will be boys? It’s time for the Dolphins to face the tough question of where messing around in the locker room ends and bullying and harassment begin… (Ashley Scott at Ogletree Deakins

    Native advertising can thank 40 years of Supreme Court rulings for free speech protection… (Michael Nepple and Mark Sableman at Thompson Coburn

    Have a social media policy? You’ll want to add these items… (JD Supra Perspectives

    Sure, Bitcoins and other virtual currencies present tantalizing investment opportunities, but look before you leap… (Ian Spear, Margo Tank, and Michael Zeldin at BuckleySandler

    So far, 94 taxpayers and 35 enablers have been charged with crimes arising out of the failure to report offshore accounts… (Fuerst Ittleman

    The best surprise is no surprise for mobile app customers – and the FTC for that matter… (MoFo Tech

    A well-written employee handbook can protect an employer from litigation… (Hartnett, Smith & Paetkau

    Courts are looking for civil rights violations stemming from employer “look” policies… (Catherine Campbell at Phillips Murrah

    Go West, young Chinese startups looking for investors… (Thomas Shoesmith at Pillsbury

    Nice invention – but can you patent it? (Tam Pham at Lewis Roca Rothgerber

    C’mon Judge White – tell us what you really think of the attorney fees in this lawsuit… (BakerHostetler

    This exploding toilet case is an excellent example of premises liability… (Dana Brooks at Eubanks Barrett Fasig & Brooks

    How’s this for a judicial ruling: “Google books … advances the progress of the arts and sciences… Indeed, all society benefits”… (Mitchell Zimmerman at Fenwick & West

    Is Beverly Hills 90H20 really the “Champagne of Water”? Not any more… (Tim Sitzmann at Winthrop & Weinstine

    Do the math: “twenty years” is actually “six years” for contractors and manufacturers in North Carolina… (Mary Kathryn “Katie” King at Spilman Thomas & Battle

    Johnson & Johnson plans to offer $4 billion to end 7,500 DePuy hip implant lawsuits… (Case Funding Inc.

    Plenty of lessons for PhD students here… (Danielle Dietrich at Tucker Arensberg

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    Get more on Twitter: @JDSupraBuzz»

  10. Popular Reads on JD Supra Last Week

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    Chew on this - a recap of well-readidness last Monday through Friday on the Supra. Big theme last week? Social media, bitcoins, patent trolls, Iran, Google Books, and calf roping (among others):

    1. Here’s What’s Missing from Your Company’s Social Media Policy
    2. Look Before You Invest: Bitcoins, Virtual Currencies, Emerging Payment Products and Regulatory Compliance
    3. Yet Another “Patent-Troll” Bill – Senator Leahy Introduces Patent Transparency and Improvements Act
    4. Alberta’s Highest Court Dismisses Employer’s Appeal In Calf-Roping Case: Agrees That Trial Judge’s Verdict Was Unreasonable 
    5. Iran Notices Update: SEC-Registered Issuers Continue to Adapt to Their New Normal
    6. Some Firings Based on Social Media Use May Be Okay
    7. How does the recent Google Books “fair use” decision impact owners of music, video, and other non-book content?
    8. Oh, F*©k No: Administrative Law Judge Rules that Employees’ Expletive-Laced Facebook Posts are not Protected Under the National Labor Relations Act
    9. First Amendment Does Not Prevent State From Firing Employee For Derogatory Facebook Comments
    10. 10 Facts About the Affordable Care Act and Worker Classification
    11. Painting on a Borrowed Canvas: When Property Rights Collide with Art 
    12. “There’s a DOL Investigator at My Place of Business … What Do I Do?” Five Tips on How to Deal When the DOL Comes Knocking 
    13. Congress Re-Introduces Independent Contractor Misclassification Law

    Stay in touch»