John Delaney

John Delaney

Morrison & Foerster LLP

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Status Updates - November 2014 #8

..Pay to play. Attention, marketing professionals: The free ride that Facebook has been giving to advertisers is coming to end. We’ve recently discussed Facebook’s recently ban on “like” gating. Now, inspired by its users’...more

11/19/2014 - Advertising Facebook Google Music Online Advertisements Pay-To-Play Personally Identifiable Information Preserving American Privacy Act Social Media Spotify Uber UK

Status Updates - November 2014 #6

That’s a lot of latte. It turns out that Starbucks—not a company in the mobile payments business—was the first company to make in-person payments by mobile phone mainstream. According to recent statements by the coffee...more

11/14/2014 - Anonymity General Electric Instagram Mobile Apps Mobile Payments Retailers Social Media Starbucks YouTube

Status Updates - November 2014 #5

..Tale of the tape. Remember the 1980s? Back then, watching a movie on demand meant visiting your local video store and renting the video tape version of the film that you wanted to watch (assuming it was available). During...more

11/11/2014 - Defamation Social Media Social Networks UK VPPA

Status Updates - November 2014

..Cuffed links. The Spanish parliament has passed what is commonly known as the “Google tax,” although it’s technically not a tax and doesn’t apply solely to Google. Rather, it’s an intellectual property law requiring online...more

11/4/2014 - Content Aggregators Data-Sharing Evidence Fees Fifth Amendment IBM Passwords Spain Twitter

Status Updates - October 2014 #14

Cover your Glass. We’ve addressed in Socially Aware the growing legal hysteria stirred up by Google Glass and other wearable technology. Just as Polaroid cameras were once banned from beach resorts and even the Washington...more

11/3/2014 - Data Breach Dating Services FTC Google Glass Kamala Harris Mobile Apps Wearable Technology

Status Updates - October 2014 #13

..Back to the future. Socially Aware readers – and editors – of, uhm, a certain age will fondly recall how, during the early days of the dotcom era, we hung out on message boards and in chat rooms discussing (some might say...more

10/31/2014 - Chat Rooms Facebook Internet of Things Marketing Message Boards Online Advertisements Young Lawyers

Status Updates - October 2014 #9

Court spanks parents. In a landmark decision, the Georgia Court of Appeals ruled in Boston v. Athearn that parents can be held responsible for the social media activities of their kids. The case involved a seventh-grade boy...more

10/21/2014 - Copyblogger Cyberbullying Drivers Facebook Minors Personal Liability Social Media Uber

New York Family Court Magistrate Allows Unprecedented Service of Process via Facebook; Will Others Follow?

In a little-noticed decision, Matter of Noel v. Maria, Support Magistrate Gregory L. Gliedman—a Staten Island, New York family court official—recently permitted a father seeking to modify his child support payments to serve...more

10/17/2014 - Facebook Family Courts Service of Process Social Media Young Lawyers

Status Updates - October 2014 #7

..Big and bigger. Facebook and Twitter are the leading social media networks and, according to a recent Forbes article, they have some interesting similarities and key differences. Facebook is clearly the larger and more...more

10/16/2014 - Social Networks

Status Updates - October 2014 #6

..Buy local. Facebook has just announced that it’s going to provide hyper-local advertising services for merchants who want to reach consumers in very specific geographic areas. This new feature reportedly will allow a...more

10/14/2014 - Advertising Facebook Hackers Russia Social Networks

Status Updates - October 2014 #4

..Yik yuck. As we’ve discussed on this blog, secrecy is all the rage these days in the online world. Yik Yak – a particularly edgy social media app that seeks to preserve user anonymity – is sweeping the country, or at least...more

10/9/2014 - Social Media Social Networks

Status Updates - October 2014 #3

..Upward mobility. These days, Facebook videos, taken as a whole, are receiving a total of one billion views a day, and at least 65% of those views are occurring on mobile devices, Facebook VP of global marketing solutions...more

10/7/2014 - Advertising Demographics Facebook Mobile Devices Online Videos Pinterest Social Networks Twitter YouTube

Status Updates - September 2014 #10

Hooray for Hollywood. According to a new study by KPMG, television and movie viewers have never had it better. A report by the consulting company found that the overwhelming majority of well-known movies and television shows...more

9/29/2014 - Amazon DuckDuckGo Ello Facebook Hulu Mobile Apps Movies Netflix Online Advertisements Privacy Concerns SnapChat Twitter Viber WeChat

Status Updates - September 2014 #8

..Pin Money. Brands of all sizes have long used the virtual pin board/social media site Pinterest to promote their wares and drive traffic to their web sites. Beginning in October 2014, companies will be able to purchase paid...more

9/26/2014 - Advertising Celebrities Invasion of Privacy Judges Pinterest Television Shows Twitter

To Click or Not to Click? Ninth Circuit Rejects Browsewrap Arbitration Clause

In Kevin Khoa Nguyen v. Barnes & Noble Inc., 2014 U.S. App. LEXIS 15868 (9th Cir. 2014), decided on August 18, 2014, the Ninth Circuit rejected an attempt to bind a consumer to an arbitration clause found in an online terms...more

9/24/2014 - Arbitration Barnes and Noble Browsewrap Agreement Clickwrap Agreements Contract Formation Internet Retailers Retailers Terms of Use

Status Updates - September 2014 #7

..Time out. New FTC rules will generally require Internet retailers to give consumers the option of a full refund for an online purchase that the retailer failed to ship within the time period promised in the retailer’s...more

9/23/2014 - Facebook FTC Internet Retailers Law Enforcement Twitter

She Liked It. She Really, Really Liked It: Federal District Court Holds Facebook Fan Page Manager Doesn’t Own “Likes”

A federal district court broke new social media law ground in August 2014 when it held in favor of the cable network Black Entertainment Television (BET) in a suit brought by the founder of an unofficial Facebook fan page for...more

9/17/2014 - Breach of Contract Cable Television Providers Contract Disputes Corporate Counsel Facebook Popular Social Media Television Programming

Status Updates - September 2014 #5

..School discipline. The California legislature has passed a law that, if signed by Gov. Jerry Brown (or not vetoed by him before the end of September), would significantly expand privacy protections for students from...more

9/16/2014 - Advertising Anheuser-Busch Facebook Pending Legislation Privacy Laws Public Schools Students Taxi Cabs Uber

Status Updates - September 2014 #2

Lawsuit panned by Court. The popular ratings app Yelp has been cleared by a federal appeals court of allegations in a class action lawsuit that the company extorted advertising dollars from businesses by threatening to remove...more

9/9/2014 - Class Action Online Reviews Social Media Yelp

Status Updates - August 2014 #13

..Blind spots. Self-driving cars are an excellent example of innovation, and the ones with Google technology have already traveled more than 700,000 miles. But what if a self-driving car doesn’t “see” a new traffic light or a...more

9/4/2014 - Credit Cards Fraud Google GPS Mobile Devices Self-Driving Cars Technology Video Privacy

Status Updates - August 2014 #10

..Death in the digital age. When someone dies, his or her heirs or executor will have broad rights to access the deceased person’s letters, documents and other physical assets. Delaware has just become the first state to...more

8/25/2014 - Digital Assets Executors Google Google Glass Heirs Privacy Concerns Uber

Status Updates - August 2014 #7

..Better shop around. In connection with a new staff report, the Federal Trade Commission (FTC) examined 121 popular apps used to comparison shop, find online deals and pay with mobile devices; the FTC concluded that many of...more

8/18/2014 - FTC Social Networks

Status Updates - August 2014 #4

..On the right track? Google reportedly will be testing a new method of targeting mobile users, one which connects the company’s mobile web tracking mechanisms with its mobile app tracking mechanisms, thereby allowing Google...more

8/11/2014 - Google Mobile Apps Web Tracking

Status Updates - August 2014 #2

..May a lawyer ethically instruct a client to delete potentially damaging information from a client’s Facebook page? According to a new ethics opinion from the Philadelphia Bar Association, yes, so long as the information is...more

8/7/2014 - Destruction of Evidence Evidence Facebook Legal Ethics Social Media

Picture This: Online Photos and Big Data

As the quality of visual recognition software continues to improve, privacy concerns have grown concomitantly. Because we now document our lives with so many pictures posted to social media—Facebook hosts over 250 billion...more

8/6/2014

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