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October 2011

Online Marketers Need to Know about FTC Proposed Changes to Mail Order Rule

October 31, 2011

If you follow advertising law, you know that the FTC is in the process of reviewing all of its agency rules and guides to conform them to modern marketplace realities. Earlier this month, the FTC announced proposed changes to the Mail or Telephone Order Merchandise Rule, and it opened the changes for public comment.

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Drafting Social Media Policies to Minimize Legal Risk of an NLRB Complaint

October 12, 2011

Last week, I discussed how the NLRB’s August, 2011 report on social media investigations has ushered in a new age of corporate social media policies. We find little solace in the recent administrative law judge ruling that Knauz BMW had fired properly an employee because some of his Facebook posts were not protected (others were). The same ruling also declared the employer’s policy overly broad and ordered the dealer to post a notice informing employees of their rights.

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The Age of Corporate Social Media Policies 2.0 (aka What the NLRB Did This Summer)

October 4, 2011

On August 18, 2011, the National Labor Relations Board’s (NLRB) Acting General Counsel released a report concerning social media cases in the past year. Anyone involved with developing or enforcing social media policies should read this report, coupled with the September Hispanics United of Buffalo decision. Together, these developments have ushered in a new age in drafting corporate social media policies.

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