Social Media, Privacy and Internet Law

Pullman & Comley’s Social Media, Privacy and Internet Law practice group is an interdisciplinary team dedicated to advising clients on the wide range of legal challenges facing organizations as they endeavor to keep pace with the constantly evolving world of social media and the internet.  From drafting social media policies that comply with current federal and state laws, to advising companies on privacy-related issues, to helping a business recover from or prepare for a cyber-attack, our team of litigation, labor and employment, corporate and technology attorneys help clients manage the risks and opportunities that they face in this fast-changing environment.

We offer counsel on the following:

  • Designing social media policies and best practices covering libel, privacy, First Amendment, human resources, Health Insurance Portability and Accountability Act (HIPAA) and National Labor Relations Act (NLRA) issues
  • Social media risk assessment and employee training
  • Potential legal pitfalls in corporate use of social media, including social networks such as Facebook, LinkedIn, Instagram and Pinterest, blogs and Twitter feeds, to promote products and services, including compliance with Federal Trade Commission guidance
  • Compliance with the Digital Millennium Copyright Act (DMCA) and Children’s Online Privacy Protection Act (COPPA)

When advice is not enough, however, our attorneys have experience in using the court system to protect their clients’ legitimate business interests through preliminary injunctions, litigation, arbitration and trials.  Some issues that our clients have faced: 

  • Online copyright litigation, policing and prosecuting intellectual property issues
  • Libel/defamation litigation
  • Challenges by the National Labor Relations Board to a company’s social media policy
  • State and federal law claims that dispute an employer’s legitimate business need to discipline employees based on their online conduct

Increasingly sophisticated technology and data collection have also given rise to growing concerns over privacy and security. Our team includes members of the firm’s Cybersecurity, Privacy and Infrastructure Protection practice, skilled corporate counselors and litigators and a former privacy officer of a Fortune 100 financial services company. In addition to our legal experience, we have obtained certifications including the Certified Information Privacy Professional (CIPP) and Certified Fraud Examiner (CFE) credentials to stay close to emerging business trends and needs and to provide the most timely counsel to our clients. 

Our services in the area of privacy and cybersecurity include:

  • Advising on best practices in privacy and data collection, data sharing; counseling on federal and state privacy regulations, as well as the privacy laws of other countries
  • HIPAA Privacy and Security Manual drafting and training of staff
  • Providing specialized security and privacy practices for specially regulated entities (e.g., water utilities, EPA and DHS/FEMA)
  • Knowledge of the unique provisions and restrictions of the Electronic Communications Privacy Act, the Stored Communications Act and the Computer Fraud and Abuse Act, as well as their state law corollaries
  • Legal counsel relating to complex multi-state and international data breach events
  • Conducting internal investigations of potential insider threats and guiding post-breach remediation
  • Providing counsel regarding cybersecurity insurance coverages and risk mitigation
  • Counseling clients with respect to securing critical infrastructure and assimilating homeland security requirements established by the Homeland Security Act, USA PATRIOT Act, SAFETY Act and other relevant laws, regulations and procedures
  • Counseling business clients with respect to employee misconduct involving misuse of technology and trade secrets