FINRA – Consumer Financial Services Watch

Heard at the 2016 SIFMA Conference

Mar 30 2016

By Stephen G. Topetzes, Jon Eisenberg, Stavroula E. Lambrakopoulos, Shanda N. Hastings, Erin Ardale Koeppel, Nicole A. Baker, Andrew Edwin Porter and Ted Kornobis

Recently, attorneys from K&L Gates’ Government Enforcement practice group attended the Securities Industry and Financial Markets Association’s (“SIFMA”) Compliance and Legal Society Annual Seminar. We wanted to share with you a summary of the highlights of what we “heard at the SIFMA conference” from various regulators about key enforcement issues.

To read the full alert, click here.

Marketing Financial Services through Social Media: Twitter Case May Impact Social Media Platforms

Jan 10 2012

By: Andrew L. Caplan* and David A. Tallman
*Mr. Caplan is not yet admitted to practice; admission to the NY Bar pending.

Litigation making its way through the U.S. District Court for the Northern District of California could have broad implications for the use of social media websites for marketing purposes. The central issue in PhoneDog, LLC v. Kravitz is the extent to which a company can control or limit the use of a social media account created for the company’s benefit but used by an individual employee in that employee’s name. The case illustrates the competing concerns that companies face with respect to social media marketing. Some companies may prefer to allow employees to engage with social media relatively independently in order to mitigate the risk that courts or regulatory authorities will impute employee-generated content to the company or subject the content to substantive regulation. But by doing so, companies may lose the ability to manage key social media relationships. Read More

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