Aaron Rubin

Aaron Rubin

Morrison & Foerster LLP

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“Notes” Update Shows Facebook’s Continued Efforts to Increase Already Impressive User Engagement

As the number of social media platforms continues to grow, users’ online activity is becoming increasingly divided, requiring social media companies to prove to potential advertisers that they not only have a lot of...more

8/26/2015 - Blogging Platforms End-Users Facebook Online Platforms Online Videos Social Media Third-Party Video Recordings

Federal District Court: “Browsewrap” Terms and Conditions Provide Sufficient Notice to Defeat False Advertising Class Action

Websites sometimes present their terms of use (“TOU”) to users merely by including a link to those TOU on the website without requiring users to affirmatively accept the terms by, for example, checking a box or clicking an “I...more

8/17/2015 - Browsewrap Agreement Class Action Corporate Counsel False Advertising Fraud Mobile Apps Notice Requirements Popular Software Terms of Use Websites Young Lawyers

Washington State Court Refuses to Unmask Anonymous Online Reviewer

In a precedent-setting ruling, the Washington Court of Appeals in Thomson v. Doe refused to grant a motion to compel brought by a defamation plaintiff who had subpoenaed the lawyer-review site Avvo.com seeking the identity of...more

8/11/2015 - Avvo Defamation Evidence First Impression Motion to Compel Online Reviews Standard of Proof Subpoenas

Socially Aware - Volume 6, Issue 3 - July/August 2015

Welcome to the newest issue of Socially Aware, our Burton Award winning guide to the law and business of social media. In this edition, we present a “grand unifying theory” of today’s leading technologies and the legal...more

7/29/2015 - Advertising Consumer Bankruptcy Copyright Infringement Creditors Data Collection Data Storage Providers Digital Assets Discovery Electronically Stored Information Evidence Facebook FTC Hashtags HBO Live Streaming Marketing Online Reviews Retail Tracking Sanctions Showtime Social Media Spoliation Trademarks Twitter Yelp

Status Updates: CA’s anti-revenge-porn law scrapped; civil rights claim against blogging prosecutor dismissed; Match buys...

There oughta be a law? As we’ve reported previously, states all around the country have enacted laws that criminalize the posting of revenge porn—nude photographs published without the subject’s consent, often by an ex-lover...more

7/22/2015 - ACLU Blogs Felonies First Amendment Intentional Infliction of Emotional Distress Misdemeanors Revenge Porn Search Engines Social Media Tinder Twitter

Status Updates: Artist sues Pinterest; texting for teens without data plans; quit smoking with social media

Pin pain. As a primarily visual social media platform whose self-described purpose is to help users bookmark and save “good stuff you find anywhere around the web,” Pinterest has raised copyright infringement questions since...more

7/8/2015 - Copyright Infringement Data Plan Mobile Apps Pinterest Social Media Text Messages Texting

Five Social Media Law Issues To Discuss With Your Clients

The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this muddled legal landscape will have them clicking “like” in no...more

7/1/2015 - Advertising Digital Assets Endorsements FTC Protected Concerted Activity Social Media Social Media Account Ownership Social Media Policy Terms of Use

The Right to Give One-Star Reviews

Congress has taken a step toward protecting consumers’ rights to post negative reviews on websites like Ripoff Report or Yelp with the introduction, by Representative Darrell E. Issa of California, of the Consumer Review...more

6/30/2015 - Digital Media DMCA Internet Online Reviews Popular Proposed Legislation Retaliation Social Media Websites Yelp

Status Updates: Errand Apps for Everyone?; A Right to Be Forgotten Update; Your Entire Google Search History

Information wants to be (not quite) free. In its early years, the Internet was often seen as a vehicle for democratizing data, taking information that was previously accessible only to a select few and making it available to...more

5/28/2015 - European Court of Justice Facebook Google Mobile Apps Public Interest Right to Be Forgotten Search Engines Social Networks

Socially Aware - Volume 6, Issue 2 - May 2015

In This Issue: - Court Protects Anonymity of Yelp Users - FTC Issues Landmark Report on Internet of Things - Who Will Update My Status When I’m Dead?: The Biggest Social Media Platforms’ Policies on...more

5/15/2015 - Anonymity Copyright Digital Assets DMCA FTC Internet of Things Mobile Devices Online Reviews Social Media Social Networks Terms and Conditions Web Scraping Web Tracking Yelp

#Trademarks?: Hashtags as Trademarks

Hashtags have become ubiquitous in social media, but their status as intellectual property—particularly as trademarks—is still developing. First adopted by Twitter users to link user posts, hashtags are character strings...more

5/14/2015 - Brand Corporate Counsel Examination Manual Hashtags Marketing Social Media Trademarks Twitter USPTO Young Lawyers

Rolling With the Punches: The Fight Over Livestreaming

Boxing fans eagerly awaited the May 2, 2015, championship match between boxers Floyd Mayweather, Jr. and Manny Pacquiao. But the fight also drew the interest of those following online video apps Meerkat and Periscope....more

5/12/2015 - Cable Television Providers Copyright Copyright Infringement DMCA HBO Injunctions Internet Streaming Live Streaming Showtime Sports Takedown Notices

Status Updates - May 2015

Social discovery. Are the photos and status updates that you post to your social media accounts discoverable regardless of the privacy settings you choose? If they contain information that is especially relevant to the case,...more

5/4/2015 - Discovery Facebook Privacy Settings Smartphones Social Networks

Status Updates - April 2015 #4

Home(page) renovation. In an effort to encourage return visits from the 150 million Internet users who visit Twitter every month without signing in, the social media giant has revamped its home page. Now, instead of just “a...more

4/22/2015 - Facebook Instagram Social Networks Twitter

Status Updates - April 2015 #3

Searching social. At long last, tweets will appear in Google search results as soon as they’re sent, as the result of a deal that the two Internet giants recently struck. As part of its efforts to increase user growth and...more

4/14/2015 - Google Internet Streaming Mental Illness Mobile Apps Social Networks Twitter

Status Updates - April 2015

Dueling for ad dollars. U.S. companies will spend $52.8 billion on digital advertising this year, 2.5% more than they spent on it in 2014. And, while television advertising is still king—corporate marketers will invest almost...more

4/3/2015 - Online Advertisements Revenge Porn SnapChat Television Commercials

First-Ever Award of “Any Damages” for Fraudulent DMCA Takedowns Under Section 512(f)

Under section 512(f) of the Digital Millennium Copyright Act (DMCA), copyright owners are liable for “any damages” stemming from knowingly false accusations of infringement that result in removal of the accused online...more

3/16/2015 - Copyright Copyright Infringement Damages DMCA Fraud Misrepresentation Section 512 Takedown Notices

Status Updates - March 2015

Forced friendship. A committee of the Arkansas Senate is expected to vote this week on a bill that would allow companies and other organizations responsible for supervising minors to require their employees to include a...more

3/12/2015 - Adult Entertainment Facebook Legislative Agendas Minors SnapChat Social Networks

Who Will Update My Status When I’m Dead?: The Biggest Social Media Platforms’ Policies on Deceased-User Accounts

It’s often said that, when it comes to regulating technology, U.S. laws aren’t up to speed. That includes U.S. trusts and estates laws, which, in many cases, do not say much about what happens to your digital assets after you...more

3/10/2015 - Deceased Digital Assets Facebook Google Instagram LinkedIn Pinterest Social Networks Twitter

Status Updates - February 2015 #3

Social media for minimalists. These days, the information flooding the news feeds on some social media platforms can feel overwhelming and redundant. Take Twitter, for example—a medium whose popularity has resulted in a user...more

2/17/2015 - Facebook Pinterest Social Networks Super Bowl Twitter

Socially Aware - Volume 6, Issue 1 - January/February 2015

In This Issue: - Good Rep: Social Media Assets in M&A Transactions - Narrow Vision: Did Anti-Glass Hysteria Contribute to the Demise of Google Glass? - Forced to Cyber-Spy: Court Rules Parents Can Be Held...more

2/6/2015 - Business Assets Cloud-Based Services Contract Negotiations Facebook FTC Google Google Glass Intangible Property Minors Social Media Social Networks

Status Updates - February 2015

Snap decision. The National Arbitration Forum has refused to transfer the domain name snapchatcheck.com to the company behind the popular messaging app Snapchat. The NAF panel decided that the respondent, Dreamhost, the...more

2/2/2015 - Domain Names Fair Use LinkedIn Online Advertisements SnapChat Social Media Social Networks

Status Updates - January 2015 #5

Pupils, passwords and privacy. A law that went into effect on January1st has the parents of some Illinois school children asking themselves how much of their children’s privacy they’re willing to forgo to keep cyberbullying...more

1/23/2015 - Cyberbullying DEA Facebook Law Enforcement Passwords Privacy Laws Public Schools Social Media

Status Updates - January 2015 #4

Social drinkers. The founder of the Lagunitas Brewing Company decided to drop a lawsuit that he’d filed against Sierra Nevada for trademark infringement after beer drinkers expressed their disapproval of the suit on Twitter. ...more

1/19/2015 - Beer Copyright Music Reputation Management Social Media Social Networks Trademark Infringement Trademarks Twitter Video Recordings YouTube

Good Rep: Social Media Assets in M&A Transactions

As we previously reported, a company’s social media pages and profiles, and the associated followers, friends and other connections, may constitute valuable business assets. In our experience, however, social media assets...more

1/12/2015 - Contract Drafting Contract Negotiations Corporate Counsel Digital Assets Purchase Agreement Representations and Warranties Social Media

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