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This Year’s Most Popular Posts

As 2015 comes to an end, I looked back at some website wonkiness and saw a report for the top stories this year based on the number of views. Maybe you missed some of these. Qualified Purchasers under the Investment Company Act What is a Security? Is Real Estate a Security? Private Equity Real Estate […]

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LinkedIn and Compliance for Private Funds

At the recent NRS Fall Compliance Conference I was talking with another attendee about LinkedIn and the SEC rules on advertising. The basic question was can her employees use it. That became a more nuanced discussion of the various features. One topic was the messaging feature of LinkedIn. You can send massages to people on LinkedIn. […]

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New Ruling on a Social Media Policy – Come on Down!

The National Labor Relations Board continues to wreck havoc on companies’ social media policies. That latest to get steamrolled in Boch Honda. I grew up with Ernie Boch’s commercial proclaiming that his costs are less so his prices are less, so “come on down“. Employers cannot prevent employees from discussing their conditions of employment with […]

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Top Social Media Enforcement Issues in the Securities Industry

Broker-dealers and investment advisers are finding access to client through social networks and providing new marketing opportunities. But they also pose the challenge of making it harder for the firms to supervise, review, maintain, and protect the information. The Securities and Exchange Commission and FINRA are struggling to keep the regulatory requirements up to date […]

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The SEC and Social Media

Netflix chief executive Reed Hastings got into trouble on July 3, 2012 when he used his personal Facebook page to announce that Netflix had more than one billion hours of online viewing in June. That trouble came from an SEC rule implemented in August of 2000: Regulation FD. That rule was implemented to stop the […]

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Social Media Access by Employers

There was a kerfuffle in the news about employers demanding access to employees’ social media site. The stories stated the employers asked for the employees’ passwords, in addition to their usernames. In response, at least six states have started the legislative process to prevent employers from demanding that access. As you might expect, the tricky […]

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Social Media Policy Update

In the frenetic early days of social media foward-thinking companies thoughtfully sat down and crafted sensible policies to help guide employees who had suddenly turned into web publishers.The companies recognized the risks involved, whether the employee was acting recklessly, or merely writing down unacceptable material without realizing the implications. It was still a small area […]

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NLRB Approved Social Media Policy

The National Labor Relations Board has been ruling on social media policies and making a mess of the regulatory landscape. In its May 30, 2012  report on recent social media cases (.pdf) the Board eviscerates many social media policies that resulted in adverse employment action. In the process it confuses the landscape of acceptable social […]

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risky business of social media

Social Media and the Financial Risk

This is not meant to be a scare tactic. It’s just pointing out that web publishing tools have made it very easy to be a publisher. That’s great from an information perspective because it’s so much easier to find relevant information. The problem is that the ease of publishing and finding information has nothing to […]

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The Death of Martindale Connected

When Lexis backed a social networking platform for lawyers, I paid attention. I didn’t think a platform for lawyers would be interesting, but if it connected to some of Lexis’s massive collection of legal content it could at least be informative. That never came to the Martindale Connected platform. The platform has remained boring and […]

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