Julie O'Neill

Julie O'Neill

Morrison & Foerster LLP

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Innovative Social Media Marketing Cannot Overlook Old-Fashioned Compliance

Social media is all about innovation, so it is no surprise that social media marketers are always looking for innovative ways—such as courting social media “influencers” and using native advertising—to promote products and...more

5/5/2016 - Advertising Compliance Endorsements Enforcement Actions FTC FTC Act Marketing Native Advertising Popular Section 5 Social Media

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

Financial Services Report, Spring 2016

Why another law firm newsletter? Over ten years ago, Will Stern answered that question in the first Editor’s Note of the first Financial Services Report. Some things have changed since then—we no longer print and mail paper...more

3/9/2016 - Arbitration CFPB Credit Cards Customer Lists Cybersecurity Debt Collection DOJ EU-US Privacy Shield Fair Lending FCRA FDIC Federal Reserve FTC HMDA Mortgages OCC Payday Loans Preemption SEC TCPA Truth in Lending Act (TILA)

Socially Aware: The Social Media Law Update Volume 7, Issue 1

Three Steps To Help Ensure The Enforceability Of Your Website’s Terms Of Use - Operators of social media platforms and other websites typically manage their risks by imposing terms of use or terms of service for the...more

1/29/2016 - Barnes and Noble Corporate Counsel Enforceability Facebook FTC FTC Endorsement Guidelines Harassment Instagram Microsoft Online Contracts Reddit Search Warrant Section 5 State Data Breach Notification Statutes Terms of Use Twitter UK Vlog Websites Young Lawyers

An FTC Warning on Native Advertising

“Native advertising”—ads that may blur the distinction between advertising and editorial, video or other content—has been a hot topic in recent years for both marketers and regulators. It is popular with marketers because it...more

1/6/2016 - False Advertising FTC Native Advertising New Guidance Unfair or Deceptive Trade Practices

Influencer Marketing: Tips for a Successful (and Legal) Advertising Campaign

In an age of explosive growth for social media and declining TV viewership numbers, companies are partnering with so-called “influencers” to help the companies grow their brands. Popular users of Instagram, Vine, YouTube and...more

12/22/2015 - Disclosure Requirements FDA FTC Endorsement Guidelines Intellectual Property Protection Marketing Online Platforms Popular Social Media

Cross-Device Tracking Attracts Interest from the FTC and Guidance from the DAA

Cross-device tracking is a hot new issue for regulators. Companies engaged in the practice should take note of two recent developments. On November 16, 2015, the Federal Trade Commission (FTC) hosted a workshop on the issue...more

12/1/2015 - Cross-Device Digital Advertising Alliance FTC Online Interest-Based Advertising Accountability Program Web Tracking

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

FCC Clarifies Its Interpretations of the Telephone Consumer Protection Act, Provoking Strong Objections From the Business...

On July 10, 2015, the Federal Communications Commission (FCC) released a 140-page Omnibus Declaratory Ruling and Order in response to more than two dozen petitions from businesses, attorneys general, and consumers seeking...more

7/28/2015 - Auto-Dialed Calls Call Blocking Exemptions Exigent Circumstances FCC Mobile Devices Prior Express Consent Reassigned Phone Numbers Revocation Robocalling Smartphones TCPA Telemarketing Wireless Devices

FCC Issues Package of New Declaratory Rulings Concerning Telephone Consumer Protection Act

On July 10, 2015, the Federal Communications Commission (FCC) released a 140-page Omnibus Declaratory Ruling and Order in response to more than two dozen petitions from businesses, attorneys general, and consumers seeking...more

7/20/2015 - Auto-Dialed Calls Call Blocking Common Carriers Declaratory Rulings Exemptions FCC Opt-Outs Prior Express Consent Revocation Robocalling Smartphones TCPA Telemarketing Text Messages VoIP Wireless Devices Wireless Industry

Digital Advertising Alliance Focuses on Mobile Ads

As more users spend more time on their mobile devices, advertising dollars are following. And the compliance regime that governs interest-based advertising (IBA) (formerly referred to as online behavioral advertising or OBA)...more

6/22/2015 - Advertising Behavioral Advertising Data Collection Digital Advertising Alliance FTC Internet Mobile Apps Mobile Devices Online Advertisements Privacy Policy

Impending Declaratory Ruling on Pending FCC TCPA Petitions Portends Stricter Enforcement

The Telephone Consumer Protection Act (TCPA), which generally prohibits certain calls to cell phones made with an Automatic Telephone Dialing System (ATDS), has created considerable compliance challenges for businesses, and...more

6/2/2015 - Advertising ATDS FCC Marketing TCPA Texting

The FTC Weighs in on In-Store Tracking. Or Does It?

In law school, everybody learns the adage that hard cases make bad law. When it comes to the Federal Trade Commission, a better aphorism might be, “easy cases make new law.” The FTC’s recent settlement with Nomi Technologies...more

5/28/2015 - FTC Mobile Devices Notice Requirements Opt-Outs Privacy Laws Privacy Policy Retail Market Retail Tracking Section 5 Unfair or Deceptive Trade Practices

What The Nomi Case Could Mean For Retail Tracking

In law school, everybody learns the adage that hard cases make bad law. When it comes to the Federal Trade Commission, a better aphorism might be, “easy cases make new law.” The FTC’s recent settlement with Nomi Technologies...more

5/20/2015 - Consent FTC Mobile Apps Mobile Devices Prior Express Consent Retailers Section 5 Web Tracking

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

The New Frontier in Interest Based Advertising: FTC Shifts Focus to Cross-Device Tracking

As consumers increasingly connect to the Internet using multiple devices—such as mobile phones, tablets, computers, TVs and wearable devices—advertising technology companies have rapidly developed capabilities to reach the...more

3/25/2015 - Cross-Device Data Collection Electronic Devices FTC Mobile Devices Online Advertisements Popular

White House Offers First Look at Consumer Privacy Legislation

President Obama continued his push for privacy legislation by recently unveiling a draft Consumer Privacy Bill of Rights Act (“Draft Bill”). To move forward, the Draft Bill must be sponsored by a member of Congress and is...more

3/11/2015 - Consumer Privacy Bill of Rights Cybersecurity Discussion Draft FTC Obama Administration

Socially Aware - Volume 6, Issue 1 - January/February 2015

In This Issue: - Good Rep: Social Media Assets in M&A Transactions - Narrow Vision: Did Anti-Glass Hysteria Contribute to the Demise of Google Glass? - Forced to Cyber-Spy: Court Rules Parents Can Be Held...more

2/6/2015 - Business Assets Cloud Computing Contract Negotiations Facebook FTC Google Google Glass Intangible Property Minors Social Media Social Networks

Socially Aware - Volume 5, Issue 7 - December 2014

In This Issue: - What’s in a Like? - R.I.P.: The Facebook “Like” Gate - Facebook Dislikes Fake Likes - Privacy in the Cloud: A Legal Framework for Moving Personal Data to the Cloud - Click...more

12/17/2014 - Advertising Clickwrap Agreements Cloud Computing COPPA Counterfeiting Data Protection EU Facebook Infringement Internet Mobile Apps Social Media Terms of Use UK Websites

FTC Enforcement Action Confirms That Ad Disclosure Obligations Extend to Endorsements Made in Social Media

The Federal Trade Commission (“FTC”) has once again made good on its promise to enforce against deceptive advertising under Section 5 of the FTC Act, regardless of the media in which the advertising appears: its recently...more

12/3/2014 - Advertising Disclosure Requirements Endorsements Enforcement Actions FTC Social Media User-Generated Content

New California Privacy Law Revisions Will Impact Website and Mobile App Operators With Users Under Age 18

Last year, California made child-related revisions to its Online Privacy Protection Act that have ramifications even for websites and other online services that are not directed to children. The revision, “Privacy Rights for...more

11/6/2014 - CalOPPA Minors Mobile Apps New Legislation Privacy Laws Right to Delete User-Generated Content Websites

Socially Aware - Volume 5, Issue 4 - July 2014

In This Issue: - European Court of Justice Strengthens the Right to Be Forgotten - California AG Offers Best Practices for Do Not Track Disclosures; Crucial Compliance Questions Left Unanswered - Snap...more

7/11/2014 - Data Protection Do Not Track EU European Court of Justice (ECJ) FTC Internet Personally Identifiable Information Privacy Policy Right to Be Forgotten SnapChat Social Media

California AG Offers Best Practices for Do Not Track Disclosures; Crucial Compliance Questions Left Unanswered

California Attorney General Kamala Harris released a long-awaited report entitled Making Your Privacy Practices Public (Report) on May 21, 2014. The Report recommends “best practices” for compliance with the California Online...more

5/28/2014 - Attorney Generals CalOPPA Data Protection Disclosure Requirements Do Not Track Mobile Apps New Amendments Websites

Socially Aware - Volume 5, Issue 3 - May 2014

In This Issue: - Jerked Around? Did the FTC’s “Jerk.com” Complaint Just Turn API Terms Into Federal Law? - Which Way Is Aereo Pointing? The Supreme Court Hears Arguments in Public Performance Copyright Case - The...more

5/22/2014 - Aereo APIs Copyright FTC Internet Internet of Things Internet Service Providers (ISPs) Internet Streaming Investment Adviser Jerk Public Performance Rights SCOTUS Social Media VPPA

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