Consumer protection is always in style with the Federal Trade Commission (FTC). Under the FTC Act, a company cannot make a misrepresentation that would affect the consumer’s conduct or decisions with regard to a product or...more
“Be careful what you post.” This may be the most obvious of social media commandments. Yet, it’s also true that it’s difficult to control the degree of public access to photos and messages posted on a social media platform,...more
In a recent federal district court case in the Northern District of California (Case No. 13-cv-04608-HSG), Pintrips Inc., a website-based travel planning service, effectively pinned to the mat the trademark claims brought...more
As we saw in a prior post regarding Kim Kardashian and Instagram, the FDA pays attention to how brand companies use paid celebrities to endorse their products. Likewise, the FTC closely scrutinizes how brand companies use...more
As user-generated content explodes over the Internet, intellectual property disputes over posting or uploading such content without the owner’s consent continue to escalate. As we touched on in a recent post, social media...more
11/5/2015
/ Copyright Infringement ,
Corporate Counsel ,
DMCA ,
Independent Contractors ,
Intellectual Property Protection ,
Internet ,
Internet Service Providers (ISPs) ,
News Stories ,
Online Platforms ,
Online Videos ,
Photographs ,
Popular ,
Safe Harbors ,
Social Media ,
Social Networks ,
Spam ,
Third-Party ,
Third-Party Liability ,
User-Generated Content ,
Websites ,
Young Lawyers
Brand companies have come to view user-generated content as often one of the most effective and authentic ways to advertise their products or services. This is known as “user-generated content marketing.” For example, with...more
10/27/2015
/ Advertising ,
COPPA ,
Copyright Ownership ,
Corporate Branding ,
Digital Media ,
Hashtags ,
Instagram ,
Minor Children ,
Online Advertisements ,
Online Platforms ,
Popular ,
Privacy Concerns ,
Privacy Laws ,
Right of Publicity ,
Selfies ,
Social Media ,
Social Networks ,
User-Generated Content ,
Websites
We often espouse the value of comprehensive, up-to-date terms of service (TOS) that consistently reflect your current business. And for good reason! Plaintiffs’ attorneys will scrutinize your TOS before helping your users sue...more
10/19/2015
/ Business Entities ,
Business Model ,
Class Action ,
Disclosure ,
Hyperlink ,
Online Advertisements ,
Popular ,
Privacy Concerns ,
Social Media ,
Social Networks ,
Terms of Service ,
Twitter
With live-streaming apps Periscope and Meerkat becoming increasingly popular, the introduction of a “live” element in the social media game is creating unique business and legal concerns. While most of the videos streamed on...more
10/15/2015
/ Cable Television Providers ,
Copyright Infringement ,
DMCA ,
HBO ,
Live Streaming ,
Popular ,
Privacy Concerns ,
Social Media ,
Social Networks ,
Takedown Notices ,
Television Programming ,
YouTube
Your social media content is not only susceptible to hacking; it’s also susceptible to disclosure requests from civil litigants (see our Sept. 14 blog post for more details) and even prosecutors without your consent if they...more
10/6/2015
/ Appeals ,
Criminal Investigations ,
Criminal Prosecution ,
Disclosure ,
Discovery ,
Discovery Rule ,
Facebook ,
Hackers ,
Instagram ,
Internet Privacy ,
Popular ,
Privacy Laws ,
Social Media ,
Social Networks ,
Stored Communications Act ,
Twitter
A party’s right to privacy has always been an important and sometimes limiting factor in the resolution of discovery disputes. Social media platforms, which allow users to select the extent with whom they share their network,...more
9/15/2015
/ Corporate Counsel ,
Discovery Rule ,
Facebook ,
Motion to Compel ,
Online Platforms ,
Popular ,
Privacy Settings ,
Right to Privacy ,
Social Media ,
Social Networks ,
Young Lawyers
As social media companies and businesses rely more heavily on their social media platforms to make important company announcements, state law claims asserting negligent misrepresentation or failure to adequately disclose...more
9/1/2015
/ CA Supreme Court ,
Disclosure Requirements ,
Earnings Reports ,
Financial Markets ,
Investors ,
Nasdaq ,
Negligent Misrepresentation ,
Shareholders ,
Social Media ,
Social Networks ,
Stocks ,
Twitter