"When Do Personal Posts Pose Professional Problems?" FT Adviser

On September 1, 2026, around 37,000 non-bank financial firms became subject to FCA rules bringing serious bullying, harassment, and violence within their scope — rules broad enough to reach employees' personal social media activity. Partner Lucy Blake and Senior Associate Karam Jardaneh authored an article for FT Adviser examining new FCA guidance on how firms should handle employees' personal social media activity.

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Lucy and Karam first discuss whether a post falls within the scope of conduct rules, noting that firms must weigh factors like whether the post targets a colleague, whether it relates to work, and whether a work-issued device was used. They then deliberate whether a post calls an employee's fitness and propriety into question, explaining that the FCA narrowed its final guidance to protect "controversial" opinions specifically, while leaving room for offensive conduct, such as threats of violence or a pattern of online harassment, to still be relevant to that assessment.

The authors conclude that firms face difficult, fact-specific judgment calls with real risk of overcorrection. While the FCA has not drawn a clear line between private and professional life, a clear, well-publicized social media policy is one of the strongest tools firms have to defend disciplinary decisions if challenged.

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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

"When Do Personal Posts Pose Professional Problems?" FT Adviser

On September 1, 2026, around 37,000 non-bank financial firms became subject to FCA rules bringing serious bullying, harassment, and violence within their scope — rules broad enough to reach employees' personal social media activity. Partner Lucy Blake and Senior Associate Karam Jardaneh authored an article for FT Adviser examining new FCA guidance on how firms should handle employees' personal social media activity.

Read More

Lucy and Karam first discuss whether a post falls within the scope of conduct rules, noting that firms must weigh factors like whether the post targets a colleague, whether it relates to work, and whether a work-issued device was used. They then deliberate whether a post calls an employee's fitness and propriety into question, explaining that the FCA narrowed its final guidance to protect "controversial" opinions specifically, while leaving room for offensive conduct, such as threats of violence or a pattern of online harassment, to still be relevant to that assessment.

The authors conclude that firms face difficult, fact-specific judgment calls with real risk of overcorrection. While the FCA has not drawn a clear line between private and professional life, a clear, well-publicized social media policy is one of the strongest tools firms have to defend disciplinary decisions if challenged.

Related Capabilities

Related Locations

© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

News and Insights

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The Form Rules Everything: A Seventh Circuit Ruling on ERISA's Substantial Compliance Doctrine

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Partner Ashley Callen Discusses Potential Congressional Investigations in Reuters

Partner Ashley Callen was quoted in a Reuters article examining how Democrats could ramp up congressional investigations into Trump family business dealings if they win control of the House or Senate in the 2026 midterm elections this November.

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Event

Associate Steven Arango Addresses North Korean IT Worker Threat in Talks to Business Executives for National Security Members in Texas

On September 29 and 30, Associate Steven Arango led luncheon discussions titled "North Korea's IT Worker Threat: Corporate Risk and Response" for Business Executives for National Security (BENS) members in Dallas and Austin, Texas, speaking to an audience of CEOs, CISOs, and other senior leaders from the national security, finance, and healthcare sectors.

September 2026