John Delaney

John Delaney

Morrison & Foerster LLP

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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

Friday Links - April 2016 #3

A lawsuit alleges this Snapchat feature is making driving even more dangerous, and it’s not texting or instant messaging. This state is considering imposing hefty fines on jurors who post information to social media...more

4/29/2016 - Facebook Instagram Juror Selection Personal Data SnapChat Social Media Tinder

Friday Links - April 2016 #2

Defense lawyers who checked out the Facebook page of a plaintiff suing their client can be prosecuted for attorney misconduct, New Jersey judge rules... ...more

4/25/2016 - Ethics FTC Professional Networking Public Agencies Social Networks Tinder

Mixed Messages: Courts Grapple With Emoticons and Emoji

Emoticons—such as :-)—and emoji are ubiquitous in online and mobile communications; according to one study, 74 percent of Americans use emoticons, emoji and similar images on a regular basis. Given their popularity, it...more

4/21/2016 - Emoji Evidence Facebook Petition for Writ of Certiorari Silk Road Social Networks Young Lawyers

Friday Links

We’re trying something new here at Socially Aware: In addition to our usual social-media and tech-law analyses and updates, we’re going to end each work week with a list of links to interesting social media stories around the...more

4/15/2016 - Big Data Facebook First Amendment Marketing 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

New Court Decision Highlights Potential Headache for Companies Hosting User-Generated Content

In this election season, we hear a lot of complaints about laws stifling business innovation. And there is no doubt that some laws have this effect. But what about laws that spur innovation, that result in the creation...more

1/15/2016 - Copyright DMCA Takedown Notices User-Generated Content YouTube

2015: Our Greatest Hits

Last year, entrepreneurs, companies and courts grappled with questions over content owners’ rights with respect to livestreaming, Yelp reviewers’ anonymity expectations, bankruptcy creditors’ access to business’ Facebook and...more

1/12/2016 - Big Data Cloud Computing DMCA Facebook Marketing Social Media Trademarks Twitter Websites

Our List of Lists

January is the month when lists—lists of predictions, lists of trends, lists of feats and lists of failures—pervade social media newsfeeds and publications’ headlines. Here at Socially Aware we’re making an annual tradition...more

1/8/2016 - Cybersecurity Marketing Mobile Apps Privacy Laws Social Media Startups Technology Twitter

Frying Small Potatoes: Will Amazon’s Pursuit of Individual Fake-Review Writers Pay Off?

Amazon’s customer reviews have long been a go-to resource for consumers researching prospective purchases. Unfortunately, fake customer reviews—product critiques commissioned by merchants and manufacturers in an effort to...more

12/21/2015 - Amazon Credibility Fake Reviews Good Faith Online Reviews Websites

Creative Commons Works: Free to License, But Not Necessarily Free to Use

Companies love to use third-party content for free. In this era of belt-tightening and slashed marketing budgets, why pay to create photos and videos for advertising and other commercial uses when compelling photos and videos...more

12/8/2015 - Commercial Use Copyright Copyright Infringement Corporate Counsel Creative Commons License Photographs Right of Attribution Young Lawyers

Cyber Monday, Social Commerce and the End of an Era

Online sales on the Monday after Thanksgiving weekend—Cyber Monday—have continued to increase year over year since the day was first christened “Cyber Monday” in 2004. As social media enthusiasts, we were surprised to learn...more

11/30/2015 - Black Friday E-Commerce Facebook Internet Retailers Pinterest Social Media Social Networks

Infographic: Social Media Marketing

We’re happy to publish our latest infographic, which highlights key social media marketing trends for both B2B and B2C companies. Among other things, the infographic points out that, although companies continue to increase...more

11/30/2015 - B2B Organizations Marketing Mobile Apps Popular ROI Social Media

Black Friday: It’s Not Just About Brick & Mortar Stores Anymore

Here at Socially Aware, we’re focused on Thanksgiving dinner, but we’re well aware that the day after Thanksgiving—Black Friday—is one of the busiest shopping days of the year, and a critical sales day for brick-and-mortar...more

11/24/2015 - Black Friday E-Commerce Facebook Internet Retailers Pinterest Retail Sales Retailers

Status Updates: People-rating app proves unpopular; new tech automates compelling-photo selection; Twitter 101 for the political...

Bad reviews. On September 30th, the soon-to-be-launched app Peeple was described by the app’s co-founder, Julia Cordray, as a “Yelp for people,” that is, a people-rating platform that would allow users to assign number...more

10/12/2015 - Cyberbullying Facebook Marketing Online Reputation Online Reviews Photographs Political Candidates Ratings Social Media Software Twitter Yelp

Status Updates: Appeals court upholds anti-cyberbullying law; better marketing through neural networks; restaurant owner turns the...

Cruel intentions. Laws seeking to regulate speech on the Internet must be narrowly drafted to avoid running afoul of the First Amendment, and limiting such a law’s applicability to intentional attempts to cause damage usually...more

8/28/2015 - Communications Decency Act Cyberbullying Defamation Facebook First Amendment Free Speech Intentional Infliction of Emotional Distress Marketing Online Reviews Revenge Porn Social Media Social Media Policy Yelp

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

Mobile App Legal Terms & Conditions: Six Key Considerations

For corporations, the mobile app is today’s website. Back in the late 1990s, no self-respecting company, no matter how stodgy and old-fashioned, wanted to be without a website....more

7/21/2015 - Amazon App Developers Apple Clickwrap Agreements COPPA End-Users EULA Google Mobile Apps Mobile Devices Open Source Software Popular Software Terms and Conditions Third-Party

Status Updates: Driving while social; a small country’s Facebook ban; and Pinterest’s new purchasing feature

Driven to distraction. A frightening number of people are interacting with social media when they should be watching the road. As part of a public service campaign to stop distracted driving, the phone company AT&T recently...more

7/10/2015 - AT&T Distracted Driving Facebook Instagram Macy's Nordstrom Inc. Pinterest Public Safety Smartphones SnapChat Social Media Texting Twitter

Toward a Grand Unifying Theory of Today’s Tech Trends

As a technology law blogger and co-editor of Socially Aware, I monitor emerging developments in information technology. What’s hot in IT today? Any shortlist would have to include social media, mobile, wearable technology,...more

7/8/2015 - Advertising Big Data Consent Data Collection Drones Facebook Informed Consent Internet Internet of Things Mobile Devices Personally Identifiable Information Social Media Startups Technology Unmanned Aircraft Systems Wearable Technology Web Tracking

Status Updates: Facebook Posts—Reliable Evidence?; Quora Post Costs Applicant a Job; a New Ephemeral Messaging App

Facebook: Fact or fiction? These days, courts are more and more frequently faced with disputes over whether, as part of the discovery process, a litigant should be entitled to view the opposing party’s social media posts. As...more

5/21/2015 - Disability Discrimination Discovery Evidence Facebook Hiring & Firing Mark Cuban Popular Social Media Text Messages

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

Are You Socially Aware? Take Our Millennial Influencers Quiz

OK, Socially Aware readers, we’ve got a pop-culture quiz for you today. How many of the following names are familiar to you?...more

5/14/2015 - Celebrities Millennials Social Networks YouTube

Status Updates - April 2015 #5

Photo negative. Daniel Morel, the photojournalist who was awarded $1.2 million in damages from news agencies that distributed his iconic Haiti earthquake pictures without his permission after he posted those pictures on...more

4/27/2015 - Attorney's Fees COPPA Copyright Copyright Infringement Copyright Litigation Intellectual Property Litigation Photographs Social Media Startups

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