J. Alexander Lawrence

J. Alexander Lawrence

Morrison & Foerster LLP

Contact  |  View Bio  |  RSS

Latest Publications

Share:

Do Not Go Gentle Into That Jurisdiction: No “Situs of Injury” Merely Because Copyrighted Material Is Accessible

Because content posted online can be accessed nearly anywhere, courts regularly face the issue of whether they have personal jurisdiction over a defendant who posted material to the web or a social media site. Recently, one...more

5/3/2016 - Copyright Copyright Infringement Corporate Counsel Internet Long Arm Statute Personal Jurisdiction Social Media

Socially Aware: The Social Media Law Update Volume 7, Issue 3

How To Protect Your Company’s Social Media Currency - Today’s companies compete not only for dollars but also for likes, followers, views, tweets, comments and shares. “Social currency,” as some researchers call it, is...more

4/29/2016 - Clickwrap Agreements Data Security Digital Single Market EU EU-US Privacy Shield Internet of Things IP License Online Reviews Protected Concerted Activity Social Media US-EU Safe Harbor Framework

Judge in High-Profile Case Obtains Attorney Agreement Not to Engage in Juror Social Media Snooping

It seems that almost everyone uses social media today. Of course, this means that most every juror is a social media user, and that courts are dealing with the thorny questions that arise out of the proliferation of social...more

4/28/2016 - Google Impartiality Internet Juror Misconduct Juror Selection Jury Instructions Oracle Privacy Concerns Sixth Amendment Social Media Voir Dire

New Jersey Supreme Court Questions Ethics of “Friending” a Litigation Foe

Attorneys often research adverse parties online to obtain potentially useful—and publicly available—evidence for use in a case. But, as an ethical matter, may an attorney access information available only through an...more

4/26/2016 - Ethics Evidence Facebook Professional Misconduct Social Networks

Socially Aware: The Social Media Law Update Volume 7, Issue 2

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 offer tips for a successful—and legal—advertising campaign; we examine a New York...more

3/9/2016 - Advertising B2C Big Data Digital Goods Discovery Discovery Rule EU Facebook FTC Internet Retailers Marketing Mobile Apps Native Advertising Social Media Terms and Conditions User-Generated Content

Clickwrap, Browsewrap and Mixed Media Contracts: A Few Words Can Go a Long Way

Courts have generally categorized such online agreements into two types: “clickwrap” agreements and “browsewrap” agreements. Clickwrap agreements—which require a user to check a box or click an icon to signify agreement...more

2/23/2016 - Browsewrap Agreement Clickwrap Agreements E-Commerce Online Contracts Terms and Conditions

Go Fish: Do General Discovery Rules Apply to a Litigant’s Facebook Posts?

While discovery of social media information has been commonplace for some time, courts are still struggling with when such discovery should be allowed. While courts generally hold that normal discovery rules apply to social...more

1/11/2016 - Discovery Facebook Scope of Discovery Requests Social Media Young Lawyers

Social Media E-Discovery: Are Your Facebook Posts Discoverable in Civil Litigation?

Judge Richard J. Walsh began his opinion in Largent v. Reed with the following question: “What if the people in your life want to use your Facebook posts against you in a civil lawsuit?” With the explosive growth of social...more

8/25/2015 - Admissible Evidence Discovery Electronically Stored Information Facebook Motion to Compel Popular Reasonable Expectation of Privacy Social Media Young Lawyers

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

New Technologies Test the Limits of the Duty to Preserve, Collect and Produce Information in Civil Discovery

While the question of whether specific records are within a party’s possession, custody or control has been heavily litigated for years, the digital revolution — with the advent of social media, cloud computing and mobile...more

5/26/2015 - Cloud Computing Discovery Document Productions Duty to Preserve Electronically Stored Information Right to Control Social Media Social Networks Technology

Effort to Hide Facebook Evidence by Deactivating Account Ends Badly for Louisiana Man

As social media has become ubiquitous, courts are wrestling with more discovery disputes involving social media accounts. In a recent case, Crowe v. Marquette Transportation Co. Gulf-Inland, LLC, the plaintiff...more

5/18/2015 - Destruction of Evidence Discovery Duty to Preserve Electronically Stored Information Evidence Facebook Popular Social Media Spoliation Trucking Industry

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

Court Protects Anonymity of Yelp Users

Virginia’s highest court recently held that Yelp could not be forced to turn over the identities of anonymous online reviewers that a Virginia carpet-cleaning owner claimed tarnished his business....more

4/29/2015 - Anonymity Corporate Counsel Online Reviews Yelp Young Lawyers

With Highly Anticipated Copyright Decision, The AutoHop Litigation Is Coming to a Close

In 2012, DISH Network announced two novel product offerings that would result in considerable backlash from the four major broadcast television networks and set in motion a three-year, wide-ranging, multi-front battle with...more

3/5/2015 - Advertising Copyright Copyright Infringement Copyright Litigation Direct Infringement Dish Network Legal History Television Broadcast Stations Television Commercials The Copyright Act

Ninth Circuit to Reconsider the Curious Copyright Case Requiring YouTube to Take Down All Copies of Anti-Islamic Film

Earlier this year, Socially Aware noted a peculiar decision out of the Ninth Circuit Court of Appeals holding that an actress owns a copyright interest in her five-second performance in a film and thus could demand the...more

11/13/2014 - Appeals Copyright Entertainment Industry Film Industry Public Performance Rights Takedown Notices YouTube

Argentina Ruling Doesn't Address Non-FSIA Discovery Limits

In its latest decision interpreting the Foreign Sovereign Immunities Act (FSIA), the U.S. Supreme Court made clear that any claim of immunity by a foreign state must rise or fall based on the text of the FSIA. Because the...more

6/27/2014 - Argentina v NML Capital Discovery FSIA SCOTUS Sovereign Immunity

Supreme Court Holds that the FSIA Does Not Limit Post-Judgment Discovery

In its latest decision interpreting the Foreign Sovereign Immunities Act (FSIA), the Supreme Court made clear that any claim of immunity by a foreign state must rise or fall based on the text of the FSIA. Because the FSIA...more

6/17/2014 - Debt Restructuring Discovery Foreign Official FSIA Immunity Injunctions Jurisdiction NML v Argentina Pari Passu SCOTUS Sovereign Immunity

Socially Aware - Volume 5, Issue 2 - April 2014

In This Issue: - Employer Access to Employee Social Media: Applicant Screening, ‘Friend’ Requests and Workplace Investigations - Driving Under the Influence (of Google Glass) - U.S. Courts’ Evolving Approaches to...more

4/16/2014 - Car Accident Copyright Distracted Driving Employer Liability Issues Google Independent Films Job Applicants Revenge Porn Social Media YouTube

U.S. Courts’ Evolving Approaches to Social Media E-Discovery

Courts across the United States have now made clear that discovery of social media is fair game. At the same time, courts have consistently found that litigants will not be permitted to engage in social media fishing...more

3/31/2014 - Discovery Social Media Technology Young Lawyers

Google Ordered to Remove All Copies of Anti-Islamic Film From YouTube After Actress With Bit Part Threatened by Outraged Muslims;...

An aspiring actress moves to California and finds her life threatened. While standard fare for pulp fiction, the case of Garcia v. Google involves a twist on this well-worn plot line that not even the most imaginative...more

3/28/2014 - Copyright Google Independent Films YouTube

Can Touting Your New Job on Social Media Sites Violate a Non-Solicitation Agreement?

According to a federal judge in Oklahoma in Pre-Paid Legal Services, Inc. v. Cahill, simply sharing information about a new job over social media does not mean that you are inviting former co-workers to come join you in...more

3/19/2013 - Facebook Non-Solicitation Agreements Preliminary Injunctions Social Media

Socially Aware: The Social Media Law Update -- Volume 4, Issue 1 -- January/February 2013

In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we explore the challenges that arise when employers and employees battle over work-related social media accounts; we...more

2/1/2013 - Browser History Sniffing Communications Decency Act Copyright Data Collection Facebook FCC FTC Online Privacy Protection Act Passwords Privacy Policy Social Media Social Media Policy TCPA Texting Twitter

23 Results
|
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×