National Labor Relations Board Addresses Social Media Policies

On July 31, the Senate confirmed five new members to the National Labor Relations Board (NLRB), three Democrats and two Republicans, restoring the NLRB to full membership for the first time in a decade.

Established by the National Labor Relations Act (NLRA) in 1935, the NLRB has increasingly become a focus of partisan politics, with the party holding the White House appointing a majority of either pro-labor or pro-business members. Unlike a court of law, the NLRB is not bound by its own precedent. Its decisions on controversial issues swing wildly based upon the party makeup of the sitting board. In fact, “party oscillation” has become the NLRB’s new norm, following a change in administration. With a solid three member pro-union majority on the recently appointed board, President Obama’s pro-Union agenda should have very little problem in being advanced.

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Avoid Pinning Your Name to a Copyright or Trademark Infringement Lawsuit

Pinterest has quickly developed as the latest innovation in the social media evolution.  Pinterest is a virtual pinboard that allows a user to organize and share images with other Pinterest users.  A user “pins” an image to his or her pinboard by either uploading an image from his or her computer or using the “Pin It” button integrated into his or her web browser after downloading the Pinterest program.  Each pin added using the Pin It button links back to the website where the image was pinned from.  Images that have been pinned to a pinboard can be re-pinned by other users that desire to add the image to their own pinboard.

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Legal Industry Adopting Social Media

In a recent article published by InsideCounsel, various examples of how attorneys are using social media more in their work are described through the results of a survey that included more than 300 respondents in the legal industry.

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Trial by Twitter, Facebook & Other Social Media

A consultant hired by Casey Anthony’s attorneys analyzed more than 40,000 opinions on various social media sites and blogs where her attorneys then used them to craft their trial strategy.  According to a recent article in the Orlando Sentinel, “When bloggers and others in social media sites started to attack George Anthony about his alleged mistress, the defense team beefed up their questions against him.”The Casey Anthony trial has brought social media into the courtroom. While jurors may be prevented from tweeting or updating their Facebook status from the courtroom or during the duration of a trial, the jury of public opinion is running rampant, 24/7 with their opinions of the trial.

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It’s Okay To Talk To The Media

In today’s media saturated environment, where we can share pictures or Tweets from our phone instantaneously with the world, that may even end up on CNN or FOX News, many clients will turn to their lawyer for advice, counsel and a response. So lawyers should have a basic understanding of interacting with the media, on line and off. In fact, in today’s litigious environment, legal issues permeate the headlines, placing brands and reputations at risk. Today, clients are demanding their lawyers not only defend them in a court of law, but also in the court of public opinion.

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