Susan McLean

Susan McLean

Morrison & Foerster LLP

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Latest Publications


How UK Brands That Use Vlogger Endorsements & Social Media for Marketing Can Stay on the Right Side of the Law

Vloggers have become the reality stars of our times. For an increasing number of social media users, what was once a hobby is now a lucrative career. You may be surprised to learn that Felix Kjellberg (aka “PewDiePie”), a...more

10/6/2015 - Advertising Celebrity Endorsements Content Marketing Internet Marketing New Guidance Online Advertisements Online Endorsements Popular Social Media Social Media Policy Transparency Twitter UK Unfair or Deceptive Trade Practices Vlog YouTube

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

Cloud Data Security Standards Reach New Heights?

Issues of data privacy and security are central to most cloud contract negotiations. While cloud service providers may be willing to take responsibility for the integrity of their networks, accepting obligations in relation...more

3/27/2015 - Cloud Computing Data Privacy Data Security International Organization for Standardization Microsoft Personally Identifiable Information

UK’s Financial Services Regulator: No Hashtags in Financial Promotions

Earlier this month the UK’s financial services regulator, the Financial Conduct Authority (FCA), issued its final guidance on financial promotions made via social media channels. As we reported last year, the FCA...more

3/26/2015 - Advertising Compliance Facebook Financial Conduct Authority (FCA) Financial Institutions Financial Promotions Popular Social Media Twitter UK

Big Data and Human Resources—Letting the Computer Decide?

Employees are a company’s greatest asset, but if the company gets hiring decisions wrong, employees could also be the company’s greatest expense. Accordingly, recruiting the right people and retaining and promoting the best,...more

3/25/2015 - Analytics Big Data Hiring & Firing Human Resources Professionals

Five Vital Questions on the Implications of UK Law on Social Media

Chevy Kelly: In your opinion, what are the top three legal risks that organizations in the United Kingdom face when engaging in social media? Sue McLean: Compliance with relevant advertising and marketing rules is a...more

3/24/2015 - Popular Social Media Social Media Policy UK

Data for the Taking: Using Website Terms and Conditions to Combat Web Scraping

Is it stealing to take data without permission from a public website, or is it simply making use of resources that are made available to you? “Web scraping” or “screen scraping” is the practice of extracting large amounts of...more

3/13/2015 - Big Data Copyright Copyright Infringement Databases EU European Court of Justice (ECJ) Infringement Internet Popular Terms and Conditions Web Scraping Websites

Who’s Winning in the Battle Between Privacy and Security? The State of Surveillance Law in Europe

In recent years, there has been an ongoing struggle between privacy and security, with many governments looking to increase their surveillance powers in the name of fighting terrorism and protecting the population. Following...more

3/11/2015 - Data Retention EU Privacy Concerns Right to Privacy Security Surveillance Terrorist Threats UK

Top 5 Legal Issues You Need to Consider When Implementing an Enterprise Social Network

The clue is in the names – Jive, Chatter, Yammer. Enterprise social networks (ESNs) are designed to help employees communicate and share information and ideas. ESNs have been around for a number of years, but are becoming...more

2/18/2015 - Corporate Counsel Corporate Culture Popular

What Are the Rules of the Advergame in the UK?

Advergames are online video games that are created in order to promote a brand, product or organization by immersing a marketing message within the game. They are typically accessed via an organization’s website or app, or...more

12/19/2014 - Advertising Marketing Online Advertisements Online Gaming Popular Social Media Social Networks UK Video Games

Big Data Series: Part 1: Privacy - “Big Data is not a game played by different rules”

Big data is now big business. In recent years, due to the exponential growth in the capability of technology to undertake data analytics on a massive scale, organisations have started to appreciate the potential hidden value...more

11/17/2014 - Analytics Big Data FCRA FTC ICO Popular Privacy Laws UK

UK’s Financial Services Regulator Issues Draft Guidance on Social Media – should we Favourite* or #Fail?

On 6 August 2014, the UK’s financial services regulator, the Financial Conduct Authority (FCA), issued long-awaited draft guidance on the use of social media in financial promotions by regulated financial...more

8/27/2014 - Advertising Banking Sector Banks Final Guidance Financial Conduct Authority (FCA) Social Media UK

Socially Aware - Volume 5, Issue 5 - August 2014

In This Issue: - Data for the Taking: Using the Computer Fraud and Abuse Act to Combat Web Scraping - Google Glass Into Europe: A Small Step or a Giant Leap? - Drugs and the Internet: FDA Distributes New...more

8/19/2014 - ABC v Aereo Accessibility Rules Computer Fraud and Abuse Act DMCA EU FDA Google Glass Prescription Drugs Social Networks Web Scraping Website Accessibility

Monkey in the Middle of Selfie Copyright Dispute

The “selfie” is now so ubiquitous that the word is in the Oxford English Dictionary, you can use it in Scrabble and it has spawned a whole new lexicon. Selfies are no longer the preserve of teens and reality stars; you now...more


Copyright: Europe Explores its Boundaries - Part 3: “Meltwater” - EU rules that browsing does not need a licence - a victory for...

On 5 June 2014 the European Court of Justice (CJEU) published its decision in the “Meltwater” Case C-360/13, (Public Relations Consultations Association Ltd (PRCA) v Newspaper Licensing Agency Ltd (NLA) and Others). In a...more

7/15/2014 - Copyright Copyright Infringement European Court of Justice (ECJ) Internet

Consumer Rights and Wrongs: Are You Ready for the New EU Consumer Contracts Rules?

From 13 June 2014, the consumer rights landscape in Europe will change. The EU Consumer Rights Directive (2011/83/EU) (the “CRD”) was introduced in 2011 with the aim of harmonising and simplifying consumer protection...more

7/11/2014 - Consumer Rights Directive EU New Legislation

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

Google Glass into Europe - A Small Step or a Giant Leap?

Google Glass (“Glass”) is the most high profile of the new wearable technologies that commentators predict will transform how we live and work. Until now, the Android-powered glasses were only available in the U.S....more

6/30/2014 - Google Google Glass UK Wearable Technology

Copyright: Europe Explores its Boundaries Part 2: New UK Infringement Exceptions - The Ones That Got Away (and Came Back Again)

In 2011 the Hargreaves Review stated that in some respects UK copyright law had failed to “keep up with technological and social change”, and recommended that the UK implement all of the copyright infringement exceptions...more

6/13/2014 - Copyright Copyright Infringement Exceptions UK

“Do You Want to Know a Secret?” The Risks Posed by Anonymous Social Apps

First we had social media platforms, but recently a variety of “anti-social” media platforms have emerged—well, anti-social in a sense. For years, social media platforms have encouraged (or even, in some cases, required) us...more

6/13/2014 - Anonymity Mobile Apps Mobile Privacy Privacy Concerns Social Networks Whistleblowers

New UK Intellectual Property Act 2014: Better by design?

On 14May 2014, the UK Government introduced a new Intellectual Property Act 2014 (the “Act”). The Act, which focuses on patents and design rights, is intended to modernise intellectual property law to help UK businesses...more

6/12/2014 - Design Patent Patent Reform Patents UK

Socially Aware - Volume 4, Issue 2 - December 2013

In This Issue: Peering Into the Future: Google Glass and the Law; Ownership of Business-Related Social Media Accounts; Two Circuits Address the First Amendment Status of Facebook Activity; Collaborative Consumption –...more

12/23/2013 - Advertising Behavioral Advertising First Amendment Google Google Glass Internet Technology Terms of Use

Collaborative Consumption – Is It Good to Share?

Peer-to-peer (“P2P”) business models based on the Internet and technology platforms have become increasingly innovative. As such models have proliferated, they frequently result in clashes with regulators or established...more

11/8/2013 - AirBnB CPUC EU FTC Lyft Peer-to-Peer Sharing Economy Social Media Uber

Recent UK Court Rulings on Employees’ Use of LinkedIn

Following our post on U.S. lawsuits concerning the ownership of LinkedIn and Twitter accounts, we report on a recent United Kingdom High Court ruling that considered who was entitled to operate four LinkedIn Groups, and other...more

11/7/2013 - LinkedIn Social Media Policy UK

Behind the Curve – Are Legal & Regulatory Concerns Preventing UK Financial Service Companies from Fully Harnessing Social Media?

Today’s consumers want to engage in a new way with the companies from which they buy goods and services. Although some UK financial services organisations are leading the way in terms of their use of social media, on the...more

8/26/2013 - Financial Regulatory Reform Financial Services Authority Social Media UK

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