Privacy, Social Media and Information Management

The increased mobility and technical savvy of the global population heightens the need for implementing preventive strategies that address the range of potential issues relating to privacy, social media and data management. Accessing and exchanging business information in cyberspace fosters both unlimited possibilities and new risks and vulnerabilities for companies across the globe.

Our attorneys work closely with clients to provide coordinated common sense advice in the following areas:

  • Achieving a balance between an entity’s need to learn about, use or disclose personal or confidential information with an individual’s or entity’s interest in keeping that information private and secure; and
  • Avoiding legal pitfalls in the use of social media and developing strategies, policies and procedures for managing the storage, transmission and security of data, as well as for addressing breaches of data.


As the capacity for transmitting and storing data grows exponentially, so does the general concern for informational privacy in the United States and around the world. This concern applies to both personal information about individuals and the confidential and proprietary information of organizations. Achieving a balance between the need for information and individual/organizational privacy is critical, particularly for companies that provide services involving the regular handling of sensitive information and/or have a multi-jurisdictional presence. We provide products and services to clients in key areas to assist them with achieving this balance, including:

  • Monitoring Activities and Communications;
  • HIPAA Privacy and Security;
  • Leave Management;
  • Workplace Investigations; and
  • Mergers and Acquisitions.

Social Media

Forward-thinking companies across the globe are embracing social media, networking sites and blogs for, among other things, branding, client development and service, research, recruiting, and to improve employee engagement and facilitate multi-office workplaces. While the benefits could be significant, social media use is not without challenges for employers. We advise our clients concerning: (i) whether and how to monitor and regulate employees’ social media use; (ii) the use of information obtained through social media in hiring, promotion, discipline and other decisions; and (iii) the challenges of social media litigation. We provide the following services to clients in reconciling the benefits and risks of social media on their businesses:

  • Crafting polices/training to guide employees’ acceptable use of social media, as well as internal protocols for management;
  • Recognizing the limits on employers in controlling employee communications, such as under the National Labor Relations Act;
  • Developing strategies for limiting cyber-smearing and non-disparagement in social media;
  • Creating policies to avoid impermissible endorsement of company products and services; and
  • Working with our litigation and e-discovery attorneys to advise clients concerning the limits on mining social media for advantages in litigation.