Tuesday, March 22, 2011

Maryland's Social Media User Name and Privacy Legislation

The premise behind Maryland's proposed User Name and Password Privacy Protection Bill (Senate Bill 971) is to protect the personal privacy of job applicants and employees in the State of Maryland. The bill was drafted because a Maryland Corrections Officer was asked (requested/demanded depending upon whose perspective you are coming from) to turn over his Facebook user name and password during an interview to go back to work after a personal leave of absence.

Maryland Senate Bill 971 was introduced and read for the first time on March 7, 2011, a little over 2 weeks after the incident that prompted the bill received widespread media attention. I believe that this bill will start a much needed conversation on privacy in the Social Media Age.

To learn how Maryland Senate Bill 971 or other social media legislation may affect your business you may contact me at www.shearlaw.com.

Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.

Friday, March 11, 2011

Will Tweets Destroy the NFL and NFLPA CBA Negotiations?

The NFL's collective bargaining agreement is set to expire tonight at 11.59 p.m. There has already been two previous extensions and it is unknown whether another extension or a break-down in the negotiations will occur.

Both sides are entrenched in their positions and are doing everything they can to win the hearts and minds of the fans of the NFL. However, one thing that is troubling is that last night both sides fanned the flames via Twitter. George Cohen, the federal mediator who is working with the NFL and NFLPA to resolve their differences had previously asked the parties to keep quiet about the negotiations. For most of the past two weeks both sides appeared to follow Cohen's request until last night.

One of my favorite negotiating books is called, "The Power of Nice" and it is written by highly respected Sports Agent/Attorney Ronald M. Shapiro. On page 39 of the book, Shapiro discusses how the confidentiality of the Camp David Peace process worked to benefit both Egypt and Israel in reaching a long-term peach agreement that has lasted for more than 30 years. Shapiro contrasted the Camp David negotiations with the failed mediation for the 1994-1995 Major League Baseball labor dispute. Shapiro states, "knowing that what was said would go no further-enabled discussions to take place that could never have occurred in a public forum." The baseball mediation blew up when neither side could trust each other to keep confidences.

Therefore, I recommend that both sides impose a Twitter Gag Order before the situation totally breaks down. Going back and forth on Twitter like school children is not professional. Some of the Tweets I have read may make great entertainment but the goal of a Tweet should be to bridge the communication gap and not burn a bridge.

To learn how to negotiate in the social media age you may contact me at www.shearlaw.com.

Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.

Wednesday, March 9, 2011

Florida Judge Orders Debt Collector Not To Use Social Media To Contact Debtor

Florida Judge W. Douglas Baird ordered Mark One Financial LLC not to utilize social media when trying to contact Melanie Beacham over an alleged debt of $362. Ms. Beacham sued the debt collector in 2010 for violating her privacy.

Debt collectors have been using social media to contact debtors for several years. However, only in the past year has this activity been deemed news worthy by the mainstream press.

The Fair Debt Collections Practices Act (FDCPA) appears to be silent on if and how debt collectors may utilize social media to collect on unpaid debts. Under some state laws, debt collectors are not allowed to publicize one's debts. Generally, if you can't act in a certain manner in the real world that same behavior in the virtual world is not acceptable.

In Sohns v. Bramacint, (Civil No. 09-1225; October 1, 2010), a United States District Court of Minnesota case, a debt collector allegedly accessed a debtor's MySpace page to intimidate the debtor. The debtor alleged that the debt collector had violated the FDCPA and won summary judgment based on the totality of the methods the debt collector utilized.

These types of cases will only increase in the future as more debt collectors actively utilize social media in order to collect on unpaid debts. Therefore, I advise everyone to be very careful about what they post online. You never know who is following your Facebook and MySpace posts, your Tweets, your blog posts, and/or your LinkedIn Tripits.

To learn how to protect your online content from prying eyes you may contact me at www.shearlaw.com.

Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.

Friday, March 4, 2011

Courtney Love Agrees to Pay $430,000 in Twitter Defamation Case

Courtney Love has agreed to pay Dawn Simorangkir $430,000 over allegations that Love tweeted false and defamtory statements about Simorangkir in 2009.  Love was upset over a $4,000 clothing payment to Simorangkir and Tweeted about the disagreement in a series of Tweets that made headlines.

My hope is that this case will put people on notice to be careful about what is posted online because there may be legal consequences for your Tweets, Facebook and MySpace posts, and any other user generated content that is created.

To learn more about the legal and entertainment ramifications of your Tweets or other social media posts you may contact me at www.shearlaw.com.

Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.

Wednesday, March 2, 2011

Does Your Company Employ A Charlie Sheen?

Does your company employ a Charlie Sheen? A Charlie Sheen employee is one of your company's best rainmakers who generates huge profits along with huge amounts of publicity for your company via traditional means or social media. Some of the media may be positive but other press may be negative.

A Charlie Sheen may be considered a wild card (#winning, #Tigerblood) in that he may act in a manner that nobody may envision. Some of his actions may be self-destructive while others may be just bizarre. However much trouble a Charlie Sheen may cause, he adds huge revenues to your bottom line and creates much needed buzz for your company. Therefore, finding a way to get along with your company's Charlie Sheen to continue the win-win economic relationship may be in the best interests of all parties involved.

The real Charlie Sheen is an American Actor who has been in the public eye for more than 30 years. He is the son of famed actor Martin Sheen and his brother is Emilo Estevez. Some of Charlie Sheen's work includes major roles in the movies Platoon and Wall Street, and in the television sitcom Spin City. However, during his life, Charlie Sheen has had many ups and downs reportedly due to substance abuse. Since 2003, Charlie Sheen has been the main star of CBS' highly rated situation comedy Two and A Half Men. The sitcom has been ranked in the top 20 for each of its 7 seasons and it has been in syndication since 2007. The producer of Two and a Half Men is Chuck Lorre.

In the Social Media Age, differences between employees and their employers can easily go viral. In the Charlie Sheen vs. Chuck Lorre heavyweight fight some Hollywood insiders believe that Lorre exacerbated the situation by stating negative personal opinions about Sheen on vanity cards that are placed at the end of a television episode. In addition to putting his personal opinions on the vanity cards, Lorre also created a website: www.chucklorre.com that contains all of his vanity cards.

Last week, Two and a Half Men was canceled for the rest of this television season allegedly because of Sheen's rants against Lorre and CBS/Warner Bros. Over the past few days, Sheen has stated he may sue CBS/Warner Bros. for hundreds of millions of dollars. Sheen has hired one of Hollywood's top lawyers and appears willing to move forward with legal action. A letter on Radaronline.com may even be the actual correspondence that Sheen's lawyer sent to CBS/Warner Bros.

The bottom line is that employers should not create a hostile work environment for their employees. The generally accepted definition of a hostile work environment may soon include the creation of social media posts that denigrate employees. On March 1, 2011, Sheen created a Twitter account www.twitter.com/charliesheen and within 24 hours attracted more than a million followers. Therefore, regardless of whether you agree with Sheen's behavior, he still commands a huge audience and has great entertainment appeal. In addition, Sheen appears ready, willing, and able to return to work. Unless Sheen's employment contract contains a well-defined morals clause and Sheen has breached it or another contract clause, Sheen may be entitled to the rest of the money owed to him under his contract.

Social Media has changed conventional wisdom in business and law and every company must be aware of the legal issues inherent with social media usage. It is too early to tell if CBS/Warner Bros./Lorre will apologize to Sheen while licking his feet but it would not surprise me if we get at least one more season of Two and A Half Men with Charlie Sheen. As they say, "there's no business like show business."

To learn more about the legal, business, and entertainment ramifications of social media usage you may contact me at www.shearlaw.com.

Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.

Tuesday, March 1, 2011

Update On Maryland's Division of Corrections Demands Applicants Provide Facebook Usernames and Passwords During Interviews

Maryland's Division of Corrections (DOC) has suspended its policy that requested applicants "voluntarily" provide their Facebook user name and password as part of a background check. According to the Washington Post, the policy was approximately a year old.

For the overwhelming majority of jobs in the public and private sector employers should not request/demand an applicant's and/or employee's social media user names and/or passwords. Therefore, I would generally advise against management and/or a union asking their employees and/or applicants and/or members to provide their personal social media account user names and/or passwords.

To learn more about the legal ramifications of social media policies you may contact me at www.shearlaw.com.

Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.