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On May 21, 2014, Oklahoma enacted H.B. 2372, following the trend outlined in our earlier article on the growing number of states prohibiting employers from requesting employee or applicant social media account passwords. H.B. 2372 prohibits employers from requesting or requiring the user name and password of employees’ or applicants’ personal social media accounts or demanding employees or applicants to access the accounts in front of the employer. The law also prohibits employers from firing, disciplining, or denying employment to employees or applicants who refuse to provide the requested information.
Continue Reading Oklahoma Joins the Rapidly Growing Number of States with Social Media Password Laws

The FDA recently issued a warning to a Swiss drug company for failing to include on its Facebook page a product’s risk information and limitations. Although this type of enforcement activity involving drugmaker conduct on social media has been rather uncommon, it is a stern reminder for companies that the FDA is monitoring activity, and that its marketing and advertising rules apply to product promotion over social media networks as well. For additional information on this story, read the latest post on our firm’s Life Sciences Legal Update blog.
Continue Reading FDA to Drug Companies: We Are Watching – Even on Social Media

This post was also written by Christine Nielsen.

Yielding to pressure from advertisers, ad agencies, the media, consumers, and, perhaps, the FTC, Facebook has agreed to place The Digital Advertising Alliance’s (DAA) “AdChoices” logo on ads served on its site via its FBX ad exchange. The move makes Facebook more accountable for educating users…

Earlier this year, Maryland enacted Labor and Employment Code §3-712, becoming the first state to pass a law explicitly prohibiting employers from requesting or requiring employees or applicants to disclose their usernames and passwords for their personal social media accounts. The law also prohibits an employer from discharging, disciplining, or penalizing the employee (or threatening to do so) or refusing to hire an applicant for refusal to disclose this information.
Continue Reading A Growing Trend – Employers Prohibited from Requesting Employee or Applicant Social Media Log-In Information

This post was written by Spencer Wein.

Facebook has rolled out a new feature that uses photo recognition technology to suggest friends’ names to tag in uploaded photos. While certainly an impressive feature, the problem is that the social network giant introduced the feature as a default setting rather than as an opt-in option. This has left…

Facebook revised its promotion rules for sweepstakes and contests on the premier social networking site. These revised terms went into effect May 11, 2011.

Communication About a Promotion Still OK

Although the revised promotion guidelines define “communication” broadly, they do not add any new restrictions in this regard. Thus, as it was before, one may…