JD Scoop

Earlier this month the U.S. Equal Opportunity Commission (EEOC) issued final regulations under Title II of the Genetic Nondiscrimination Act of 2008 (GINA). With renewed interest in the topic, we've compiled a reading list of GINA-related updates recently posted by law firms on JD Supra.

(Also see last year's GINA employment law update for an introduction to the Act.)

For your reference:

- EEOC Issues Final Regulations Regarding Title II of the Genetic Information Nondiscrimination Act (by Duane Morris):

"Title II of GINA prohibits discrimination on the basis of genetic information of employees and their family members. GINA prohibits employers from requesting, requiring or purchasing genetic information from or about an individual or an individual's family members. The final regulations take a broad and expansive view of this prohibition. For instance, the regulations make clear that an employer may violate GINA without a specific intent to acquire genetic information. Further, the regulations broadly interpret the term "request" to include..." Read more>>

- EEOC Issues Final GINA Regulations (by Ford & Harrison LLP):

"While it's unlikely that employers are genetically screening applicants to create a workforce of "employees of the month," the implementation of the new regulations raises questions about some common employer practices that could be viewed as violating GINA. Following is a general discussion of the way certain issues likely would be addressed under the new regulations..." Read more>>

- EEOC Issues Final Regulations for the Genetic Information Nondiscrimination Act of 2008 (by Poyner Spruill LLP):

"...employers are not permitted to use genetic information in making employment decisions, including health benefits. In addition, the EEOC's regulations broadly define "request" for genetic information to include such actions as conducting an internet search on an individual that is likely to result in the discovery of genetic information and actively listening to third-party conversations with the intent of obtaining genetic information." Read more>>

- EEOC Issues Genetic Information Nondiscrimination Act Final Regulations (by Lane Powell PC):

Includes a look at social media implications: "...an employer would not violate GINA by reading a news article detailing an employee's struggle with cancer, because GINA already exempts material found in newspapers, magazines, periodicals and books. Where access is limited to individuals or requires membership in specific groups, the material will not be considered "commercially and publicly available." Accordingly, information acquired from social networking sites will most likely not fall within the exemption for 'commercially and publicly available' information..." Read more>>

- Have You Met GINA? (by Miller & Martin PLLC):

"The GINA applies to all employers who have at least 15 employees as well as employment agencies and labor organizations. It prohibits employers not only from using genetic information to discriminate against or harass employees or applicants, but from even requesting such information, except in the limited circumstances described below. In the specific instances where it is "OK" to request genetic information, it still must be kept confidential and cannot be used to discriminate against or harass the individual..." Read more>>

- Final Rules for the Genetic Nondiscrimination Act of 2008 or Have I Been Dreaming of GINA? (by Gregory Stobbe):

"So what, you say, does this have to do with my responsibilities as an employer? I don't conduct any genetic testing or forensic DNA analysis.That may be so, but do you ever request information from healthcare providers in connection with an employee's request for FMLA leave? How about trying to understand the nature of a disability under the ADA? Similarly, if your organization sponsors a wellness program, you should be aware of the questions you can no longer ask. This includes in most cases, asking medical history questions relating to 'family members'... " Read more>>

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Related legal feeds - stay up to date:

- Subscribe to a JD Supra RSS feed for GINA legal updates
- Subscribe to Labor & Employment Law updates on Twitter
- Join Business Law on Facebook
- Subscribe to Employment Law legal updates on LinkedIn
- Send us a carrier pigeon and we'll see if we can attach little Employment Law notes once a week

Lawyers, increase your online readership. Post your work on JD Supra now

For your interest, here are two recent articles on the role of Content in online marketing today. Among other things, these pieces brought me back to that oft-debated question: is this all about relationships, or about sharing and disseminating useful information/content to the right people?

Luckily it's not an either-or proposition (you can be a source of useful content online and build meaningful relationships), but the question is still an important one for legal professionals.

Whether you're a solo practitioner trying to grow your new business or a marketing director trying to build a 2011 plan for the firm, you do need to decide where to allocate time and finite resources. More time on Twitter, Facebook, and LinkedIn? Or more time developing an editorial schedule and writing, for an example, an article or blog post a week? And if you don't know where to focus, how on earth could you possibly measure the value of what you are doing?

Content and conversation - what's the right blend to make your online efforts a responsible and worthwhile use of time?

In A contrarian view of social media for lawyers: You don't need to be social, GreatJakes' Robert Algeri says it's all about content:

"So what is the most important thing? Content. Insightful, carefully-conceived, well-written 'thought leadership' content that is aimed at a well-defined market niche. This includes articles, blog posts, podcasts and case studies, among other things. With these elements in place will you be able to leverage social media -- not for socializing but as a distribution tool to get your content into the right hands and to grow your practice."

In short: "Without good content, you will have difficulty generating business, no matter how 'engaging' you are on Twitter or LinkedIn."

In Brian Solis' The Three C's of Social Content: Consumption, Curation, Creation, the answer is not quite so cut-and-dry. Read Solis' long and wide-ranging piece for a complete picture of what he is saying; you'll find eloquent insight and interesting research. A couple of standout paragraphs:

"Businesses must join the elite and integrate the creation of compelling content into the social marketing mix. Doing so gives consumers reason to share, expanding the role of curator within the 3C's of Content and earning authority and influence in the process..."

"The 5th P of the marketing mix is crystal clear. People account for everything here and businesses must recognize the channels for influence as well as identify the influential voices leading conversations and steering decisions. The next step is to develop engagement programs that activate the various roles of the social consumers and empower them with useful and beneficial content and incentives to convert conversations into clicks to action."[Italics mine.]

We see this type of sharing, curation, and authority building daily. Our readers have readers of their own.

As meaningful legal content passes through JD Supra, and as we deliver it to people who've opted to receive it (on Facebook, LinkedIn, Twitter, elsewhere), we see viral sharing within, as Solis put it, an audience with an audience with an audience. 

The takeaway?

For my part, I value many of the friendships (a better word than 'relationship') I have formed online - and, without question, I understand that some of those friendships have helped business. But - and this is the editor in my DNA speaking - Content remains King.

Without it, you're likely to remain invisible online.

How do you spend your time online? Content? Connections? Both? What balance? What has worked best for you?    

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Related:

- Law Firm Marketing in the Age of Curation
- Social media delivers law firm content to people who want it

What's new? Follow @JDSupraBuzz to see what's trending on the network.

Here's a look at what JD Supra lawyers are saying about the recent National Labor Relations Board (NLRB) Complaint in a case in which an employee was fired after posting critical remarks about her supervisor on Facebook. [Updated Jam 2011.]

This follows as an update to our Social Media in the Workplace legal reading list:

- NLRB Issues Complaint Over Facebook Posts Mocking Supervisor (by McNees Wallace & Nurick LLP):

"In what the National Labor Relations Board's (the "NLRB") Acting General Counsel called a "straightforward case" under the National Labor Relations Act ("NLRA"), the Hartford Regional Office of the NLRB issued a Complaint alleging that an employer illegally terminated an employee who posted disparaging remarks about her supervisor on her personal Facebook page. While the October 27, 2010 Complaint is only an accusation, and not a formal ruling from the NLRB, the repercussions of this action are critically important for both unionized and non-union employers..." Read more>>

- Fired for Facebooking: Beware for Potential NLRB Action (by Poyner Spruill LLP):

"The employee in question, an emergency technician, was required to prepare a response to a customer complaint. When she asked her supervisor for permission to have her Teamsters representative help prepare her response, this request was denied. The technician's employer, American Medical Response of Connecticut (AMR), fired her after she criticized her supervisor in a posting on Facebook. The company argued she was fired for violating its social media policy..." Read more>>

- Facebook Firing? NLRB Complaint Alleges Employer Violated Employee's Rights (by Dinsmore & Shohl):

"The National Labor Relations Board's Hartford, Connecticut office recently issued an unfair labor practice complaint against an employer after the employer fired an employee who posted derogatory comments regarding her supervisor on the employee's personal Facebook page. In his Complaint, Acting Region 34 Director John S. Cotter claims that the employee's Facebook comments were protected speech under federal labor laws." Read more>>  

- Restricting Employees' Internet Conduct May Violate Federal Labor Law (by Foley Hoag):

"...Because the NLRB has long held that employees have the right under federal labor law to criticize their employer, the General Counsel alleged that this policy was unlawful." Read more>>  

- Does your Company's Internet Policy Comply with Labor Law? (by Venable):

"Until now, the NLRB has held that employers have the right to maintain reasonable workplace policies to maintain order in the workplace and avoid liability from employee actions that affect the public. The Board has balanced these employer rights against the right of employees, both union and non-union, to engage in "concerted activity" for their 'mutual aid and protection' under the National Labor Relations Act..." Read more>>

- Overly Broad Social Media Policies: Are Employers at Risk? (by Armstrong Teasdale):

"The NLRA prohibits employers from disciplining employees for discussing working conditions, regardless of whether or not they are part of a union. The NLRB takes the position that the company's broad Social Media policy, along with the discharge of the employee, violates the NLRA because the employee and her co-workers were simply discussing their working conditions..." Read more>>

- Related:

- Worker Rights Extend to Facebook, Labor Board Says (NYT)

- Avoiding Social Networking Land Mines For Employers (Manatt)

- American Medical Association Adopts Social Media Guidelines (The Harlow Group)  

- ALM's Social Media: Risks & Rewards - E-Discovery & Social Media (International Lawyers Network)

 

- Social Media in the Workplace: Legal Issues, Business Policies

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Stay on top of this and other, related issues by following JD Supra legal feeds. Subscribe on LinkedIn:

Communications & Media Law - Labor & Employment Law

They say business development is about both who you know and what you know. While at JD Supra we focus mostly on the "what you know" side of things, when a colleague recently mentioned that he'd been asked in a LinkedIn training session "why should I add people to my network?" it occurred to me that this may be something many others wonder as well. So here's a quick list of 5 reasons to grow your LinkedIn network:

1. Intelligence: When you add someone to your network, you'll receive updates from (and about) them on your LinkedIn homepage, including: links to articles that may be useful to you, events they are attending that may be of interest, and new connections they've made that may also be good connections for you. These updates can help you stay current on developments in your own practice, your clients' businesses, and your connections' lives.

2. Communication: The converse is also true. Each person you add to your network is one more person who is willing to receive information from you when you take that single action of updating your home page, blog, twitter account, or JD Supra portfolio. A LinkedIn network is a very easy way to stay in regular contact, and top of mind, with a multitude of people.

3. Common Ground: Beyond the two-way flow of information between you and your connections, perhaps the most important benefit of growing your network is the fact that, with each new connection, you exponentially increase the likelihood that you share a common connection with someone else. This matters either when someone vets you through your LinkedIn profile (which they inevitably will - coming to your profile via search on LinkedIn or Google), or when you use LinkedIn to vet someone. The value of this common connection cannot be overstated. Imagine you are comparing two lawyers, deciding which to contact about a new case. Here's what you see in the right hand column of each lawyer's LinkedIn Profile:                  

   

Lawyer #1 knows people in your network - their profile includes a list of people that you know and trust from whom you can seek a reference. Lawyer #2: nothing; no common connections. Who would you be more likely to investigate further/contact?       

4. Search Visibility: The more connections you have, the more likely you are to rank well in search results on LinkedIn. By default, LinkedIn gives priority in results to those who are within three degrees of connection (or in groups) with the person searching. Further, even within these results, users can (and likely do) filter based on connection proximity. The more connections you have, the more likely you will be at least a third (if not second) degree connection when someone searches on key words in your field.

5. Serendipity: Last but not least, grow your network because you just never know. Sometimes it's about science, and sometimes it's about serendipity. The more you show up and participate, the more likely that the magical confluence we call serendipity will happen.

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Several months since launch and still daily (actually, hourly) we see professionals on LinkedIn installing our Legal Updates application.

As expected, we're seeing two kinds of users: 1.) lawyers and legal professionals who want to showcase their expertise on LinkedIn by sharing their written work in a robust, far-reaching way; and 2) professionals in all industries who are keen to read legal news, commentary, and analysis that matters to them (and connect with the lawyers who have written it).

Recent feedback from the latter group - specifically, a general counsel who wrote us to say:

"I enjoy the LinkedIn functionality by the way. I check it almost every day to see if there are any articles of interest. I like the fact that I can easily follow issues I care about without clogging up my email inbox and mail with newsletters from firms on issues I am not interested in."

We've also heard from the former group. Here's a lawyer who had this to say very soon after joining JD Supra and choosing premium distribution on LinkedIn:

"The response has been tremendous. People asking to link in with me, requests from places like North Dakota, Ohio, Chicago, etc. Of posting a link to the articles or permission to use them as handouts. I have a call tomorrow from an advisor in Chicago, who wants to see how we can do business together."

If you haven't yet installed Legal Updates on LinkedIn - do so now! Both a terrific way to stay on top of legal issues that matter to you and (if you are a legal professional) to showcase what you are good at on LinkedIn.

We'd love to hear your feedback, too. Like what you're reading on LinkedIn? Made good connections as a result of using the app? Whatever your news or thoughts, please drop us a line.

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Further reading:

- Popular Law Firms on LinkedIn
- Popular Legal Subject on LinkedIn
- Legal Updates on LinkedIn: A User Guide

Despite the tremendous enthusiasm for tools and technologies that shape online communications today, there can be risks and unintended consequences to business-related social media use.

Privacy, defamation, protecting confidential information, hiring and firing concerns, IP issues, harassment, false advertising... in the following reading list, JD Supra lawyers and law firms walk us through potential pitfalls and ways for companies to limit risks and liabilities relating to social media and business:

- Do's and Don't's of Monitoring the Activities of Employees on Social Networking Sites (by Fox Rothschild):

"For employers, the costs are real: Poor choices by their employees can bring with it not only bad publicity but the loss of confidential information and the risk that the employer and employee will be sued by a third party for a wide range of legal claims, including defamation, invasion of privacy, negligence, discrimination, false light publicity, public disclosure of private facts, infliction of emotional distress and violations of state and federal data breach laws." Read more>>

- Social Networking from 9-5: Unique Legal Challenges Facing Employers (by Venable LLP):

Slide presentation from a recent seminar by Venable attorneys James E. Fagan and Luisa M. Lopez. Includes a look at why employers should be concerned about employee social media use, and best practices for drafting and implementing a social media policy... Read more>>

- Managing Legal Risks in Social Media (by Glenn Manishin, Duane Morris LLP):

"This presentation for the SocialLex 2010 conference -- the first devoted exclusively to law of social media -- explores many of the interesting issues posed by the real-time Web. These include intellectual property, such as who owns user generated content, trademarks, employment, corporate and regulatory compliance, and potential regulation. A review of uncharted legal waters and a guide to navigating uncertainty in a Web 2.0 world..." Read more>>

- Why Every Business Should Have A Social Media Policy (by Sheppard Mullin):

"The posts of your employees reflect on your business, and can result in negative impacts to it. The damage can range from harm to the company's brand and public perception of it to legal consequences such as loss of trade secret protections, unfair competition and deceptive advertising. A social media policy should include the following bright line rules..." Read more>>

- Social Media Policies Reduce Discovery Risks: Are You Prepared? (by Armstrong Teasdale LLP):

"Until higher courts begin to weigh in on these issues ... parties and witnesses should assume that at least some of the content of their Social Media accounts may ultimately be discoverable, regardless of their privacy settings. For businesses, this means that implementing Social Media policies and training employees regarding the use of Social Media is critical to help control the risks inherent in the use of Social Media..." Read more>>

- Understanding the Impact of Social Media In the Workplace (by Winthrop & Weinstine, P.A.):

Slides from a recent presentation, including a look at hiring issues, copyright laws, employee use of mobile devices, and related topics. "Employees should be told they have no expectation of privacy regarding use of the Internet and social networking sites..." Read more>>

- Legal Issues with Using Social Media (by Marcus Lee):

Overview of the legal issues companies should consider when using social media. For example: "If you are using social media with your business, then you should review your insurance policies to see if you are covered for claims arising out of your use of social media..." Read more>>

- FTC Guidelines May Hold Companies Liable for Unsolicited Employee Endorsements (by Warner Norcross & Judd):

"The issue is best managed through the company's social media policy, which should: (a) prohibit employees from making false or misleading claims about the company's products or services ... or, (b) ban employees from making any comments regarding the company's products or services in any social media. Once your company has chosen which policy path it will take, it should then ensure..." Read more>>

- More On Social Media: LinkedIn Today, Gone Tomorrow (by Ruskin Moscou Faltischek):

Employment law alert that focuses on the "unintended, perhaps disastrous consequences" of business-related social media. "...one of the important elements of establishing a 'trade secret' claim is the ability to document that you have taken reasonable steps to protect the confidentiality of your 'trade secret.' Allowing the information to be readily available on LinkedIn will severely compromise a claim of having taken reasonable measures..." Read more>>

- 7 Elements of a Social Media Policy (by Dena Calo Turco):

From employment attorney Dena Calo Turco, seven elements of a social media policy to help businesses limit their liability. Includes: identifying what's confidential information, language restrictions, clarification of role(s) of business related social media, and more... Read more>>

- Sample Social Media Policy (by Vivienne Storey)

Template-driven sample social media policy from Australian firm BlandsLaw. Includes a reference to Australian workplace law, but serves as good universal example of the type of language that might make up a corporate social media policy... Read more>>

Also see [updated 12/08/10]:

• Social Media, Business, and the NLRB: Employee Rights Online (JD Supra)
  
• When Marketing Through Social Media, Legal Risks Can Go Viral (Venable LLP)
• Protecting Your Business Information in the Age of Social Media (Armstrong Teasdale)
• Should Your (Medical) Practice Institute an Employee Social Network Policy? (Fox Rothschild)
• Social Media Marketing Can Be Embraced Safely With A Social Media Implementation Plan (Jamie Ghen)
  
• A Social Media Policy Checklist (Hellerman Baretz)
• Socially Aware: The Social Media Law Update - Vol. 1 (MoFo)
• Avoiding Social Networking Land Mines For Employers (Manatt)
• Top Ten Rules to Avoid Legal Trouble in Social Media Programs and Campaigns (Duane Morris)
  

Recommended external resources:
- Social Media Policies Database by Doug Cornelius at Compliance Building
- Social Media Usage Toolkit (reg req'd) by Practical Law Company
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How to stay on top of this topic?

- Subscribe to JD Supra's Social Media Policy RSS feed
- Use Legal Updates on LinkedIn to follow: Communications Law - Employment Law - Business Law - Tech Law...

For your reference, a list of some of the most-viewed documents on JD Supra for the month of October:

1. A Final Chance for 2010 Immigration Reform
[By: Ronald Shapiro |In: Immigration Law]

2. Four Deaths Lead to Graco Stroller Recall
[By: Demas Rosenthal |In: Personal Injury]

3. In re Workflow Management, Inc. - Proposed Joint Chapter 11 Bankruptcy Plan of Reorganization
[By: Randall Reese netDockets.com |In: Bankruptcy]

4. Prop 19 - Copy of California Proposition 19 to Legalize Marijuana
[By: Adrian Lurssen |In: Personal Rights, Criminal Law]

5. What if They Built a Law School and Nobody Came?
[By: Jerome Kowalski |In: Law Practice]

6. Federal Government's Suspension of Contractor GTSI Holds Several Important Lessons for All Government Contractors...
[By: Mintz Levin |In: Business Organizations]

7. H&R Block Sues HSBC over Tax Loans
[By: Darrin Mish, Tampa Tax Attorney |In: Tax Law, Finance & Banking]

8. The Top 10 SEO Best Practices For Law Firm Websites
[By: eLawMarketing |In:  ]

9. Plaintiff v. JPMorgan Chase, Quality Loan Services, Chase Home Finance and LPS Default Solutions - Second Amended Complaint
[By: Cameron Totten |In: Finance & Banking, Real Estate]

10. Quit Claim Deed with Life-Estate Language
[By: Lawrence Tolchinsky |In: Real Estate]

11. Victor Stanley, Inc. v. Creative Pipe, Inc.
[By: Rob Robinson |In: Electronic Discovery]

12. Why You Shouldn't Hire Your Payroll Company To Run Your 401(k) Plan
[By: The Rosenbaum Law Firm P.C.  |In: Labor & Employment Law, Tax Law]

13. Social Media and the Implications for E-Discovery
[By: Shireen Ali |In: Electronic Discovery, Business Organizations]

14. USCIS Filing Fee Changes Coming November 23rd
[By: Mintz Levin |In: Immigration Law]

15. Hip Replacement? Read This
[By: Mark Cornwall |In: Consumer Protection]

16. New York's New Divorce Laws
[By: Daniel Clement |In: Family Law]

17. The 401(k) Storm: Are You Ready?
[By: The Rosenbaum Law Firm P.C. |In: Labor & Employment Law, Tax Law]

18. Thoughts & Tactics for Practice Group SEO
[By: Steve Matthews |In: Legal Marketing]

19. Update: Avoiding Fair Debt Collection Practices Act (FDCPA) Claims
[By: Curt Langley, Jackson Walker LLP |In: Consumer Protection]

20. Second Circuit Holds That No Private Right Of Action Exists Under Section 304 Of The Sarbanes-Oxley Act
[By: Sheppard Mullin |In: Securities Law]

21. Copyright and Product Design: A Review of the "Useful Article" Doctrine
[By: Mintz Levin |In: Intellectual Property]

22. Cyber-Bullying Does Not Happen In a Vacuum
[By: Sheppard Mullin |In: Consumer Protection]

23. Gifts in 2010 as a Strategy to Reduce Your Estate
[By: Cole Schotz |In: Trusts & Estates, Tax Law]

24. What Not to Do: The Five Most Common Mistakes Behind Employment Lawsuits
[By: Daniel Pyne, Hopkins & Carley |In: Labor & Employment Law]

25. Judge: Privacy on Social Networking Sites is "Wishful Thinking"
[By: Sands Anderson PC |In: Communications & Media Law, Personal Rights]

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Also of note: Immigration Reform: News & Legal Info and Online Privacy and Social Networking: A Legal Reader... 

Browse additional legal content by subject - or follow via RSS, Twitter, widget, Facebook, iPhone, or email. Your choice.

Follow @JDSupraBuzz for daily Twitter updates on trending topics, searches, and documents. A great way to find fodder for your next article or post.

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Archive:
- Most-viewed on JD Supra: September, 2010
- Most-viewed on JD Supra: August, 2010
- Most-viewed on JD Supra: July, 2010

Lawyers, find an audience for your written work. Upload to JD Supra now!