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Access Denied: Employee Social Media Use and Potential Liability for Employers Attempting to Monitor or Regulate It



Thursday, August 23, 2012
Product Code - LGN52
Speaker(s): Eric Raphan, Sheppard, Mullin, Richter & Hampton LLP; Sean Kirby, Sheppard, Mullin, Richter & Hampton LLP
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Please use promo code LGNEXT to register for this program at no cost.

 

The faculty for this program will provide an overview of new and pending legislation prohibiting employers from seeking access to the social media accounts of current and prospective employees. In addition, they will discuss the potential liability facing employers for failing to comply with this new legislation.

The program will also address common questions that arise with respect to employee use of social media while at work and an employee’s use of social media to discuss what has occurred at work. In addition, certain decisions concerning employee use of social media and whether the employer’s reaction to such use was found to be lawful will be analyzed.

Educational Objectives:

• Understand new legislation regarding employer access to employee or prospective employee social media accounts.
• Learn about the potential liability employers face for failing to comply with this new legislation.
• Understand what conduct is appropriate for employers when faced with an issue regarding an employee’s use of social media.

Who would benefit from attending this program?

Attorneys who practice in the labor and employment field, as well as in-in-house counsel and human resource professionals tasked with the hiring of employees.

Program Level: Intermediate

Eric Raphan, Sheppard, Mullin, Richter & Hampton LLP; Sean Kirby, Sheppard, Mullin, Richter & Hampton LLP

Eric Raphan, Sheppard, Mullin, Richter & Hampton LLP
Eric Raphan is a partner in the New York office of Sheppard, Mullin, Richter & Hampton LLP in the firm’s Labor and Employment Practice Group. Mr. Raphan’s practice encompasses a wide range of labor and employment matters, including the defense of single plaintiff and class action discrimination, wrongful discharge and wage/hour claims, in addition to employment contract, restrictive covenant, whistleblower, sexual harassment and related claims. He regularly represents clients in labor and employment litigations in federal and state courts, and in proceedings before various administrative agencies, including the Equal Employment Opportunity Commission, the U.S. Department of Labor and various state and local agencies. Mr. Raphan earned his J.D. from Brooklyn Law School and is admitted to practice in state and federal courts in New York.

Sean Kirby, Sheppard, Mullin, Richter & Hampton LLP
Sean Kirby is an associate in the New York office of Sheppard, Mullin, Richter & Hampton LLP in the firm’s Labor and Employment Practice Group. Mr. Kirby has experience representing management in a variety of employment-based matters in both judicial and arbitral forums, including disputes relating to discrimination and harassment allegations, breach of restrictive covenants and employment agreements, and wrongful termination. Mr. Kirby also counsels employers on labor and employment issues, including wage and hour matters, personnel policies and internal investigations. Mr. Kirby earned his J.D. from Fordham University School of Law and is admitted to practice in state and federal courts in New York and New Jersey.