As we previously discussed in our post “The ‘Commander-in-Tweet’ and the First Amendment,” the POTUS was criticized by the Knight First Amendment Institute for blocking certain Twitter users from his @realDonaldTrump account....more
Can you violate the First Amendment by blocking people from your Twitter account? According to the Knight First Amendment Institute, it’s possible if that account is @realDonaldTrump.
As we have mentioned before, Donald...more
A Chicago law firm has challenged Jay-Z and Kanye West, filing a class action complaint for violations of the California Business & Professions Code, fraudulent inducement and unjust enrichment in the Northern District of...more
A recently published patent application filed by Twitter provides a possible glimpse into the future of social media and selfies—and it’s a future arriving on the wings of that poster child of modern technology, the unmanned...more
1/28/2016
/ Corporate Counsel ,
DMCA ,
Drones ,
Federal Aviation Administration (FAA) ,
Popular ,
Registration Requirement ,
Safe Harbors ,
Selfies ,
Social Media ,
Twitter ,
Unmanned Aircraft Systems ,
Young Lawyers
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
Do you consider yourself famous? If the answer is no, then you have likely never been concerned with the invasion of your right of publicity. The right of publicity is the right of a person in his or her identity—name or...more
10/8/2015
/ Communications Decency Act ,
First Amendment ,
LinkedIn ,
Motion to Dismiss ,
Name and Likeness ,
Popular ,
Preemption ,
Right of Publicity ,
Snapchat ,
Social Media ,
Twitter ,
Young Lawyers
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
When Kim Kardashian speaks, the FDA listens. Or, more precisely, when Kardashian, who has 46.8 million followers on Instagram, posts an enthusiastic endorsement—and advertisement—on the social media platform for Diclegis, a...more
9/24/2015
/ Celebrity Endorsements ,
Food and Drug Administration (FDA) ,
Instagram ,
Kim Kardashian ,
Misleading Impressions ,
Online Advertisements ,
Online Platforms ,
Popular ,
Pregnancy ,
Prescription Drugs ,
Snapchat ,
Social Media ,
Twitter
Oh, the once humble hashtag (or pound sign, number sign, octothorpe, etc.). For so long a symbol both ubiquitous and free from controversy, its new life as a go-to signifier of discussions and trending topics on Twitter has...more
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
As social media platforms continue to find new ways to allow users to share, post, and forward nonoriginal content and users become more engaged in the practice, the platforms hosting the content and disgruntled original...more
8/20/2015
/ Copyright ,
Copyright Infringement ,
DMCA ,
Google ,
Inducement ,
Internet Service Providers (ISPs) ,
Photographs ,
Popular ,
Right of Reproduction ,
Safe Harbors ,
Social Media ,
The Copyright Act ,
Twitter ,
Young Lawyers ,
YouTube
The evolution of social media in business from “occasional accessory” to “integral component” has in turn forced the law itself to evolve in an attempt to address social media’s increasing relevance. Recent developments in...more
8/18/2015
/ Commercial Bankruptcy ,
Debtors ,
Disclosure Requirements ,
Facebook ,
Investment Adviser ,
Popular ,
Privacy Concerns ,
Reporting Requirements ,
Securities and Exchange Commission (SEC) ,
Social Media ,
Social Media Account Ownership ,
Twitter
As social media and the numerous platforms continue their exponential growth in popularity and constant evolvement, legal issues surrounding their use also will inevitably emerge. A recent case filed in the Western District...more
7/27/2015
/ Beer ,
Best Practices ,
Cease and Desist ,
Internet ,
Popular ,
Social Media ,
Trademark Infringement ,
Trademarks ,
Twitter ,
User Names ,
Websites ,
Wine & Alcohol ,
Young Lawyers