Advertising and Marketing Law
A Menu of Intellectual Property Strategies–Restaurant Management
November 8, 2011I co-authored an article with Jess Collen, partner in Collen IP’s Restaurant and Food Services Group, on ways restaurants can use intellectual property laws to further their business interests. This article first appeared in the September 28, 2011 edition of rmgmtmagazine.com.
Read More...Online Marketers Need to Know about FTC Proposed Changes to Mail Order Rule
October 31, 2011If 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.
Read More...Drafting Social Media Policies to Minimize Legal Risk of an NLRB Complaint
October 12, 2011Last 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.
Read More...The Age of Corporate Social Media Policies 2.0 (aka What the NLRB Did This Summer)
October 4, 2011On 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.
Read More...Personalized Service: Using Social Media to Showcase the People Behind the Brand
September 27, 2011Last week, I spoke at FOHBOH’s FoodServices Social Media Universe conference about implementing social media policies for employees. The restaurant industry has a uniquely positive energy towards both its customers and its employees. While many industries think about reaching customers through social media, the restaurant industry is ahead of the curve in its desire to embrace the concept of employees as brand ambassadors. Indeed, we all know that business relationships are built on trust and confidence. Social media presents a unique opportunity for the customer not only to know the brand but also to know the people behind the brand.
Read More...A Modest Proposal: How to Have a Social Media Policy and Keep Your Employees Happy
September 12, 2011Last week, the NLRB issued its first ruling concerning social media posts and employee terminations. An administrative law judge ordered the non-profit agency Hispanics United of Buffalo (HUB) to restore the jobs of five workers with backpay. The five workers had engaged in a conversation on Facebook during off hours, defending their job performance after hearing a coworker’s criticisms. HUB fired them, asserting that their Facebook comments constituted harassment of the co-worker and violated HUBS’ anti-harassment policy.
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