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Blog Posts Tagged "social media"

New South Carolina Law Helps Fiduciaries Access Digital Assets

Our online presence can live forever. The internet is packed with Facebook pages, Twitter accounts and neglected blogs that have outlived their makers. With the increasing presence of technology in our lives, we often a leave behind a plethora of digital assets without any guidance to our fiduciaries about what they are and how to access them. Digital assets include our smartphones, tablets, personal computers, social networking site, email accounts, electronic access to our financial and insurance information, online accounts that hold a cash value such as PayPal, url addresses, blogs, and files, pictures, videos stored on the cloud. Often, these digital assets are held by a third-party custodian, and gaining access in the past has been a daunting process if the deceased didn’t have the foresight to ease this process in estate planning.

Fortunately, South Carolina passed legislation this summer that provides a pathway for fiduciaries to access the digital assets of deceased or incapacitated family members. Called the Uniform Fiduciary Access to Digital Assets Act, it sets out a process for personal representatives and others with power of attorney or fiduciary powers to view these accounts. Custodians of accounts must comply with requests to view accounts so long as access has not been eliminated by the account user, federal law, or by a separate terms of service agreement with the user. 

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The Perils of Social Media for Hiring Managers

Hiring managers increasingly are checking out job applicants on social media, and it’s easy to see why: The Internet holds a trove of personal information on most of us, and it doesn’t take much time or skill to mine this data. 

But, you do so at your peril, I always tell employers. 

A lot of what you come across in Internet searches about a job applicant will make my job as an employment litigator harder if I’m defending you in a discrimination lawsuit. The problem is that there are certain things that you should never ask in a job interview, and yet you can’t help but stumble across these areas in a search of social media. 

Remember, every click of your keyboard is subject to discovery in litigation. Once you’ve seen something, you can’t turn back the page. 

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