As we have noted many times in prior articles, courts often refuse to enforce “browsewrap” agreements where terms are presented to users merely by including a link on a page or screen without requiring affirmative acceptance....more
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...more
10/15/2015
/ Anonymity ,
Anti-Retaliation Provisions ,
Blogging Platforms ,
Browsewrap Agreement ,
Class Action ,
Clickwrap Agreements ,
Commercial Bankruptcy ,
Customer Lists ,
Data Privacy ,
Data Protection ,
Data Security ,
Defamation ,
Discovery ,
Discrimination ,
Electronically Stored Information ,
Employee Privacy Rights ,
Employee Training ,
Enforceability ,
EULA ,
Evidence ,
Facebook ,
Facebook Friends ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Hiring & Firing ,
Human Resources Professionals ,
Internal Investigations ,
Job Applicants ,
Mobile Apps ,
Motion to Compel ,
NLRA ,
NLRB ,
Online Endorsements ,
Online Reviews ,
Passwords ,
Policies and Procedures ,
Popular ,
Privacy Policy ,
Protected Class ,
Protected Concerted Activity ,
RadioShack ,
Representations and Warranties ,
Screening Procedures ,
Section 5 ,
Social Media ,
Social Media Account Ownership ,
Social Media Policy ,
Subpoenas ,
Terms and Conditions ,
Terms of Use ,
Third-Party ,
Unfair or Deceptive Trade Practices ,
Workplace Investigations
Operators of social media platforms and other websites typically manage their risks by imposing terms of use or terms of service for the sites. As we previously wrote, websites must implement such terms properly to ensure...more
10/6/2015
/ Barnes and Noble ,
Browsewrap Agreement ,
Enforceability ,
Facebook ,
Hertz ,
Instagram ,
Mandatory Arbitration Clauses ,
Online Contracts ,
Risk Mitigation ,
Social Media ,
Terms of Service ,
Terms of Use ,
Unilateral Modification ,
Websites
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
Implementing and Enforcing Online Terms of Use -
Operators of social media platforms and other Web sites must manage a large number of risks resulting from their interactions with users. In an effort to maintain a...more
Operators of social media platforms and other websites must manage a large number of risks arising from their interactions with users. In an effort to maintain a degree of predictability and mitigate some of those risks,...more
10/6/2014
/ Barnes and Noble ,
Browsewrap Agreement ,
Clickwrap Agreements ,
Contract Formation ,
Disclaimers ,
Dispute Resolution ,
Facebook ,
Risk Mitigation ,
Social Media ,
Terms of Use ,
Websites