About WDFloyd

Dave Floyd is an attorney, real estate broker, real estate investor, and trivia host in Austin, Texas. He works with the Foskitt Law Office and is an owner of Floyd Real Estate. He lives in the Zilker Neighborhood, and is a graduate of the University of Texas at Austin and the Washington & Lee University School of Law.
Showing posts with label social media. Show all posts
Showing posts with label social media. Show all posts

Tuesday, May 14, 2013

Use of Social Media in Screening Prospective Employees

Beware of running across information which is illegal to use in the hiring process:

Use of social media in screening prospective employees - ACC Newsstand - Powered by Lexology

If you are bound and determined to use social media to screen prospective employees, then it is a good idea to consult an employment lawyer before accidentally getting yourself or your company into trouble.

Tuesday, April 23, 2013

Fake Tweet Sends the Dow Plunging

Below are a couple of articles about the fake tweet from the hacked AP Twitter account which resulted in financial market turmoil.  My take-away is to try to avoid being too reactive, and to check multiple sites when a potentially disastrous event is announced.



Motley Fool article:  Fake Tweet Sends the Dow Plunging (^DJI)


Wall Street Journal video about the same:  Why One Fake Tweet Dropped the Market

Sunday, April 21, 2013

Agenda Texas: The Twitter Lobby





What image pops into your head when you hear the word lobbyist?

Be nice.

Here are a few details you may have imagined: white, male, thousand-dollar suit — the stereotypical lobbyist. But as we jump into the digital age, lobbying efforts can also be faceless digital transactions.
“What happens behind curtains most likely still happens to some extent, but the power of the social media tools to gather the constituents and to lobby and create more pressure, it’s definitely visible," said Homero Gil de Zúñiga, an assistant professor at the University of Texas at Austin.

He spends a chunk of his time focusing on the proliferation of social media, including how Facebook and Twitter are changing interactions with lawmakers. Former state Rep. Aaron Peña was an early adopter of social media in the Legislature. He had a blog and could often be seen around the Capitol checking his Twitter feed, even while sitting in a committee hearing. "Early on I’d be in a committee hearing and somebody would send me a question. They’d be watching it on television. They’d send it to me and say, 'Ask this question of this expert.' And it was really cool because I’d ask this question and he thought I was really smart," Peña joked.  He says the modern legislator is very aware of what’s being said in social media, even during heated debates on the floor.

“Most of the legislators, after about 45 minutes, tune out. They know how they’re going to vote. But during that off time they listen to what’s being said on the internet," Peña said. "And so when you have people out there by Michael Quinn Sullivan, and they want to make a point that, look, this is a bill that we care about, this is a bill that we’re going to hold people accountable for, he will send his message out.”

That guy he mentioned, Michael Quinn Sullivan, heads the group Empower Texans, a low-tax, low-regulation, small-government advocacy group. He loves Twitter, almost as much as he dislikes Republican lawmakers who fall out of line with his political views. When Republicans in the Senate rolled out a plan to spend $6 billion on infrastructure needs, he tweeted, "When #TxLege senators say 'water' or 'transportation,' what they are really saying is 'pork.'"


He’s giving his opinion, but is also letting his followers know when he thinks lawmakers have messed up, which can lead to additional angry phone calls and emails to a lawmaker’s office.
On the other side of the advocacy aisle, Phillip Martin of Progress Texas also uses Twitter to get his points across. He tends to pop up when journalists are tweeting out comments from a press conference or speech by Gov. Rick Perry.

"It can be tough to follow a speech and keep up with what’s going on in real time and go back and look for context," Martin said. "So Twitter gives me the opportunity to provide context on an issue or to what an elected official may have said historically in the past."

His tweets often direct journalists to information contradicting whatever Perry is saying.

And from inside the Capitol, you can see Martin and Sullivan having success with social media from time to time. But there are a few caveats: First, only about 10 percent of people follow politicians on Twitter. Second, Peña said, if you think 10 percent is small, consider how many of those are actually the constituents of any given politician.

“Most of the people on social media are from the large cities like Austin or Houston or Dallas," Peña said. "And they’re from an educated class of individual that has a computer, that has the freedom to be on a computer during the working hours that is following you."

Peña said that excluded a large portion of his former district, which included many poor families.

AgendaTexas@kut.org; @AgendaTexas
Texas Tribune donors or members may be quoted or mentioned in our stories, or may be the subject of them. For a complete list of contributors, click here.

This article originally appeared in The Texas Tribune at http://www.texastribune.org/2013/04/19/agenda-texas-twitter-lobby/.

Wednesday, March 13, 2013

Social media update: When "The Harlem Shake" Goes Too Far

When The Harlem Shake is a Bad Idea


Apparently, some customers and employees have chosen to do "The Harlem Shake" in workplaces such as airplanes and mines:

Social media update: are your employees doing “The Harlem Shake”? - ACC Newsstand - Powered by Lexology





As the article notes, the mine employees in Australia probably regret having made a video of their performance.  In the case of airplanes, it appears that ground vs air is a good distinction to make when planning your flash mob.  Flight crews dancing while the plane is at the gate may be seen as cheeky and fun, while the FAA may view in flight performances (see above) as a risk for things turning dark and tragic.

I like fun and hilarity as much as the next guy, but the shenanigans of Southwest Airlines employees are much more appropriate while flying through the stratosphere than a plane full of passengers gyrating to dance music.

Monday, March 4, 2013

Bill to Allow a New and Not Fun Use for Social Media

It was nice to see +Sara Foskitt Twitter quoted in a March 1st posting in the Texas Lawyer regarding H.B. 1989 in the Texas Legislature which would allow substitute service of citation via social media networks.  The text of the bill reads as follows:


A BILL TO BE ENTITLED
AN ACT
relating to substituted service of citation through a social media website.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subchapter B, Chapter 17, Civil Practice and Remedies Code, is amended by adding Section 17.031 to read as follows:
Sec. 17.031.  SUBSTITUTED SERVICE THROUGH SOCIAL MEDIA WEBSITE.  (a)  If substituted service of citation is authorized under the Texas Rules of Civil Procedure, the court may prescribe as a method of service under those rules an electronic communication sent to the defendant through a social media website if the court finds that:(1)  the defendant maintains a social media page on that website;(2)  the profile on the social media page is the profile of the defendant;(3)  the defendant regularly accesses the social media page account; and(4)  the defendant could reasonably be expected to receive actual notice if the electronic communication were sent to the defendant's account.(b)  Notwithstanding Section 22.004, Government Code, the supreme court may not amend or adopt rules in conflict with this section.SECTION 2.  This Act takes effect September 1, 2013.
If you're interested in following this progress of this bill, then visit it's page at The Texas Legislature online and add it to your alert list.   You can follow the Foskitt Law Office via it's Twitter account.

Wednesday, November 17, 2010

Law News: NLRB and Social Media

Here's an issue which has been all over my legal update emails from the Association of Corporate Counsel: the National Labor Relations Board is considering taking action against an employer allegedly having an social media, blogging, and internet posting policy which violates the National Labor Relations Act. Considering that social media, blog, and internet use by employees is still an evolving area of law, it would behoove general counsels and employment lawyers to pay close attention to Federal regulators' actions regarding issues in said area. Moreover, it would behoove business owners, managers, and HR personnel to consult appropriate counsel with questions about social media, blogging, and internet use policies.

In my experience, it usually pays to analyze potential problems before they become larger issues.

Disclaimer: this post is not intended to be legal advice. Rather, this post is intended to alert readers to potential legal issues which may need to be discussed with their attorneys. If you have a question about a legal issue, consult your own lawyer.