David Bell in Bloomberg BNA Corporate Counsel Weekly: Social Media Use in Various Business Contexts: Identifying, Addressing and Mitigating the Risks

10/07/2013


Editor’s Note: Bloomberg BNA recently released Corporate Practice Series Portfolio No. 91, Social Media Law, co-authored by David A. Bell, a partner at Haynes and Boone, LLP. Bell recently discussed several aspects of social media use and how to mitigate the legal risks it presents in, among other areas, employment, marketing and M&A due diligence.

BBNA: Could you give us an overview of what government agencies have oversight of social media issues?

David Bell: Several government agencies are tasked with regulating content on social media. These agencies review, as well as issue opinions and render judgments on, companies’ social media activity. Notable examples include:
·         the National Labor Relations Board, which is responsible for preventing and remedying unfair labor practices by employers or unions, and has opined on dozens of companies’ social media policies;
·         the Federal Trade Commission, which has released guides concerning endorsements and testimonials, enforces children’s privacy rights, and has provided mobile app guidance; and
·         the Securities and Exchange Commission, which, among other things, investigates social media postings to determine whether public companies have violated selective disclosure rules.

Excerpted from Bloomberg BNA Corporate Counsel Weekly, October 7, 2013. To view full article, click on the PDF linked below.

PDF: Social Media Use in Various Business Contexts: Identifying, Addressing and Mitigating the Risks

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