Travis Crabtree

Travis Crabtree

Gray Reed & McGraw, P.C.

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Lawsuits Against Social Media Sites Rarely a Good Idea – This One Probably Isn’t Either

A Houston area woman has sued Facebook asking for $123 million because Facebook was slow to take down a fake a profile created by her ex-boyfriend with pornographic images. The plaintiff sued Facebook and the...more

8/25/2014 - Breach of Contract Defamation Facebook Intentional Infliction of Emotional Distress Invasion of Privacy Negligence Popular Revenge Porn Social Media

How to Enforce Terms of Service for Online Social Media Promotions and Contests

General Mills incurred blowback on social media earlier this year when it was suggested the company sought releases for all claims whatsoever from anyone who visited the company Facebook page. The truth, as always, was not as...more

8/19/2014 - Contests & Promotions Social Media Terms of Service

You’ve Looked At My Site And Now You Have Waived Your Right To Sue Me. Is That Legal?

I’ll admit, General Mills did not go that far. What they did, according to The New York Times was notify customers that if they downloaded a coupon, joined a forum or entered a sweepstakes, the customer would waive their...more

5/8/2014 - American Express v Italian Colors Restaurant Arbitration AT&T Mobility v Concepcion Class Action Clickwrap Agreements Consent Coupons General Mills Social Media Social Networks Sweepstakes Waiver of Tort Websites Young Lawyers

Infographic: The Use Of Images From The Web On Your Site, Newspaper Or Broadcast

We created this infographic for some of our media clients to give them a one-page cheat sheet on the analysis they need to do when trying to decide whether they can use an image from the internet in a pinch....more

4/18/2014 - Business Development Copyright Marketing Media Right of Attribution Social Media Young Lawyers

Legal Perspective on Negative Online Reviews: What Both Sides Should Consider Before Jumping Into the Fray

We recently asked: for customers and businesses alike, what should we know about libel and defamation (and the legal pitfalls of online rants in general) before we post negative comments online? Here’s what we heard back....more

2/6/2014 - Anti-SLAPP Defamation Legal Perspectives Libel Online Reviews Social Media Yelp

Can I Use The Social Media Image For My Story – Part 3

In part one, we discussed how fair use may apply to the media’s use of social media images. In part two, we looked at how the various sites’ terms of service come into play. Today, we look at the one prominent case in this...more

9/20/2013 - Fair Use Social Media

Can I Use The Social Media Picture For My Story? – Part Two

Last time, we looked at whether the media can use images from social media sites applying fair use to several typical situations. Today, we look at the specific terms of service of various popular sites to see if some make...more

9/17/2013 - Copyright Facebook Instagram LinkedIn Pinterest Social Media Terms of Service Twitter Vine

Can I Use The Social Media Picture For My Story? – Part One

The answer is one that frustrates people the most — it depends. In most circumstances, you run the risk of violating the copyright of the person who took the picture, so the best practice is to seek permission first (more on...more

9/9/2013 - Copyright Fair Use Right of Publicity Social Media

Quick Links – August 2013

Because of an extended working vacation away from Houston’s heat in Colorado, I’ve been away from the blog. Like my kids gearing up to go back to school, I’m getting back to the normal work mode back in the office while...more

8/21/2013 - AdWords Cybertheft Dismissals Email Independent Contractors Minors Social Media Trademarks

Taking Legal Control Of The Company Social Media Account

What happens when the employee who set up the company’s LinkedIn account leaves? ...more

8/1/2013 - Facebook Former Employee LinkedIn Social Media Social Media Account Ownership

2013 Texas Leg Watch: Retracting The Defamation And Notification After A Data Breach

While the second special session is winding down (thank goodness), we will take a look at a couple more new laws impacting online media and technology in Texas. ...more

7/22/2013 - Breach Notification Rule Data Breach Data Breach Plans Defamation Defamation Act Hackers Internet Notifications Social Media

Will There Be An “Eraser Button” On Social Media For Teens?

There are two bills (SB 568 and SB 501) working their way through the California Legislature that may require social media sites to erase the content of minors....more

6/7/2013 - COPPA Minors New Legislation Social Media

Texas Leg 2013 Wrap-Up – Texas Does Not Take The Lead On Social Media Issues

Although the Governor called a special session extending the Texas Legislative session, the topics to be addressed are political ones and not the ones we have been tracking....more

5/29/2013 - Advertising Hiring & Firing Human Trafficking Job Applicants Passwords Service of Process Social Media

You “Like” Me, You Really “Like” Me – Looking At The Legal Effect Of Facebook Likes And Friends

Is liking something expressive activity protected by the First Amendment? Does being a Facebook “friend” create the appearance of impropriety requiring the judge to recuse himself from the case?...more

5/24/2013 - Facebook Facebook Friends NLRB Social Media

Texas Leg Watch 2013: Banning Employers From Demanding Social Media Passwords Bill To Hit House Floor Tomorrow

As part of our continuing coverage of the Texas Legislature Watch (they only meet every other year in Texas), we look at the bill that would prohibit employers from demanding passwords or other access to the social media...more

4/30/2013 - Hiring & Firing Job Applicants Passwords Proposed Legislation Social Media

Social Media For The CEO: Lessons Learned From The Netflix/SEC Tussle And Reg FD

Yes, you can use social media to make material public disclosures. The SEC did not punish Netflix CEO Reed Hastings. The reality is, however, the SEC gave a warning to executives: we are not going to do anything this time...more

4/10/2013 - CEOs Facebook Investors Netflix Public Disclosure Reed Hastings Regulation FD SEC Social Media Training

Don’t Rail On Your “F**** Idiot” Employees On The Net

No one likes to be sued. It may make you mad enough that you want to scream and holler on the Internet. There is a reason, however, a lot of lawyers recommend not commenting on personnel issues and pending litigation....more

3/27/2013 - Class Action Coyote Ugly Saloon Facebook FLSA Minimum Wage Retaliation Social Media

Texas Leg Watch 2013: Bill Proposes To Allow Service Via Social Media

Texas State Representative Jeff Leach R-Plano (full disclosure – he is a lawyer in our Dallas office) proposed a bill (HB 1989) that would allow service via social media if the more traditional methods did not work first....more

3/1/2013 - Proposed Legislation Service of Process Social Media

What The Cybersecurity Executive Order Means For The Rest Of Us

If you are the CEO of Google, Facebook, Verizon, Comcast, Exxon or Boeing, don’t read this. You have a team of lawyers working for you who have already spent hours analyzing President Obama’s Cybersecurity executive order...more

2/26/2013 - Critical Infrastructure Sectors Cybersecurity Data Breach Data Breach Plans DHS EU Cybersecurity Directives Executive Orders Hackers Infrastructure NIST Personally Identifiable Information Social Media Wireless Internet Service Providers

Texas Leg Watch 2013: Will Texas Prohibit Employers From Asking For Social Media Passwords?

Democratic Texas State Representative Helen Giddings filed a bill prohibiting employers in Texas from asking for social media passwords from applicants and current employees. Texas joins a long list of states that have...more

1/9/2013 - Passwords Social Media

Will The Instagram Fuss Cause A Shift For Brands On Social Media In 2013?

By now, you have probably read the uproar caused by Instagram’s proposed change to the terms of service this week. On Monday, Instagram, which is owned by Facebook, added the following...more

12/24/2012 - Advertising Facebook Instagram Social Media Terms of Use

Legal Guidelines For CEOs On Social Media – Avoid The Netflix Issue

In July, Netflix CEO Reed Hastings posted on Facebook that viewing on his company’s site “exceeded 1 billion hours” of videos in June. The stock rose 6.2% on the day of the post. Last week, the SEC sent Netflix notice it...more

12/11/2012 - Disclosure Requirements Facebook Netflix SEC Social Media Twitter

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