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Steve I. Silverman

Facebook "Likes" are Protected Speech

By October 16, 2013

By Steve Silverman On September 18, the United States Court of Appeals for the Fourth Circuit issued an opinion in Bland v. Roberts which held that Facebook “likes” are in fact protected speech under the First Amendment. In the case, Roberts, the Sheriff in Hampton, Virginia, fired several employees after they supported …

Todd A. Levine

Social Media in Litigation Part II

By January 24, 2013

By Steve Silverman Last week I blogged about how social media is impacting businesses in litigation and discovery.  This week, let’s look at the issue of employees and how their social media usage can impact discovery in litigation.  The social media opportunities are seemingly endless: Facebook, Twitter, LinkedIn, Pinterest and …

EEOC Says Employers Cannot Demand Silence From Their Employees During A Harassment Investigation

By August 29, 2012

By Michael T. Landen Recently, the Buffalo office of the Equal Employment Opportunity Commission (EEOC) issued a letter concerning an employer’s instructions to an employee not to discuss a pending investigation.  Excerpts of the letter can be found here. The EEOC letter raises questions about an employer’s ability to silence employees during an …

Third DCA Watch

By August 24, 2012

This week Alan J. Kluger comments on the Third District Court of Appeals decision in LaRue v. Kalex Construction and Development, Inc., et. al. On its face, this case may seem like a run-of-the-mill law school hypothetical – does the statute of frauds apply to an oral employment agreement?  The …