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Communications & Media Professional Practice

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.

United Airlines: Principle Over People & Profits…Was It Worth It?

by Nancy Myrland on

You have to think twice. No, you have to think more than twice. You have to think before, during and after a crisis to make sure your response is calm, measured, sympathetic, accurate, and correct. Unless you’ve been...more

PR in the Age of Alternative Facts

by Knapp Marketing on

Pitching stories for our legal clients in the days following January 20th, one fact is abundantly clear: like everything else since the inauguration of the new US president, public relations has changed dramatically. The...more

Q&A with Joshua Gans, author of “The Disruption Dilemma”

by Hogan Lovells on

Your recent book “The Disruption Dilemma” examines how disruption can destroy even the best managed corporations. The case studies in your book – the mobile phone industry disrupted by Apple, Blockbuster’s store-based video...more

Be Aware of Evidence on Social Media Involving Anticipated or Pending Investigations or Litigation

Under the recent case of State v. Hannah, Docket No. A-5741-14T3, (N.J. App. Div. Decided December 20, 2016; approved for publication), the courts have confirmed how Twitter postings may be authenticated. Social media...more

Lawyers, Is Social Media Worth It? You Decide.

by Nancy Myrland on

I’ve heard these comments, or ones similar to them, many times in the past several years. “I’m not sure this is all worth it….this Social Media thing.” “I tried LinkedIn, but it didn’t produce anything for me.”...more

Eighth Circuit: A Debt Collector May Call A Third Party More Than Once Without Violating § 1692b(3) of the FDCPA

by Burr & Forman on

In Kuntz v. Rodenburg LLP, No. 15-2777, – F.3d –, 2016 WL 5219884 (8th Cir. Sept. 22, 2016), the Eighth Circuit held that a law firm hired to collect a debt did not violate § 1692b(3) of the Fair Debt Collection Practices Act...more

CFPB Presents New Regulatory Requirements for Third-Party Debt Collectors

On July 28, 2016, the Consumer Financial Protection Bureau (CFPB) released an outline of proposals and alternatives under consideration for regulating debt collection practices. The outline’s release triggers the formation of...more

Voicemail Message Without Express Statement It Was From Debt Collector Did Not Violate FDCPA, Ninth Circuit Rules

by Ballard Spahr LLP on

A debt collection law firm did not violate the Fair Debt Collection Practices Act (FDCPA) by leaving a voicemail message for the plaintiff that identified the law firm but did not expressly state that the law firm was a debt...more

CFPB Issues Sweeping and Unprecedented Rulemaking Proposals Seeking to “Drastically Overhaul Debt Collection Market”; Proposals...

by Burr & Forman on

Early in the morning on July 28, 2016, in coordination with the Consumer Financial Protection Bureau’s (the “Bureau”) field hearing on debt collection being held the same day in Sacramento, California, the Bureau released a...more

Are Online Trolls Ruining Social Media Marketing?

Earlier this year, I helped moderate a lively panel discussion on social media business and legal trends. The panelists, who represented well-known brands, didn’t agree on anything. One panelist would make an observation,...more

The Case for E-Discovery Education in Law School

The lament that law schools do not adequately prepare new lawyers for the actual practice of law is not a new one. The refrain, however, seems more pronounced as the day-to-day practice of law becomes increasingly...more

New Jersey Supreme Court Questions Ethics of “Friending” a Litigation Foe

Attorneys often research adverse parties online to obtain potentially useful—and publicly available—evidence for use in a case. But, as an ethical matter, may an attorney access information available only through an...more

JDB 077: How Can a Solo Lawyer Compete with the Big Law Firms?

by JD Blogger LLC on

The numbers just don’t add up. How can a solo attorney or a small firm really believe that they can compete with the big law firms and their big advertising budgets and in-house marketing departments?...more

Social Media and Practice: Questions Attorneys Should Ask Now

by Robins Kaplan LLP on

Social media users number in the billions. Facebook counts over 1.4 billion users, LinkedIn has 347 million members, Instagram has 300 million, Twitter has nearly 290 million, and YouTube reports more than a billion users....more

On Sale Today – .law Domain Names

by Knapp Marketing on

Today, all law firms will be able to apply for .law names. This top-level domain name is intended to create an online space in which only regulated, licensed legal practitioners can be found....more

A Lawyer Returns to the Blogosphere

I stopped blogging after the Florida Bar’s Standing Committee on Advertising found that a statement of opinion posted on a law firm’s website, such as “tort reform benefits insurers,” violated Florida Bar Rule 4-7.13, since...more

[Webinar] Strategies for Class Action Defense: Four Key Developments - Sept. 9th, 12:00pm EDT

by BakerHostetler on

Please join BakerHostetler’s Class Action Defense practice team on Wednesday, September 9, 2015, for an informative Webinar discussing the latest in defense strategies for companies facing class actions. The presenters will...more

“Ain’t Wastin’ Time No More”* — Doctors, Vets, and Lawyers in the Antitrust Crosshairs

by BakerHostetler on

Supreme Court Decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission Prompts Legal Challenges to State Professional Boards - Earlier this month a Texas federal district court judge granted a...more

Another Invalidated Clickwrap Agreement

by Holland & Knight LLP on

The foremost case dealing with whether “wrap agreements” (e.g. clickwrap, shrinkwrap and browsewrap) are legal is almost 13 years old. See Specht v. Netscape Commc’ns Corp., 306 F.3d 17 (2d Cir. 2002). And yet, a new case...more

Status Updates - February 2015 #4

Blawg rules. The California State Bar has issued an opinion outlining the circumstances under which an attorney’s blog would be subject to the requirements of the California State Bar Act’s Rules of Professional Conduct...more

Copyright Law and the Fight Against Revenge Porn: Q&A With David Bateman of the Cyber Civil Rights Legal Project

by JD Supra Perspectives on

In-depth Q&A with attorney David A. Bateman about the Cyber Civil Rights Legal Project, which Bateman co-founded last year with K&L Gates colleague Elisa J. D'Amico to help victims of revenge porn. We wanted to learn...more

Federal Court Strikes Florida Lawyer Advertising Rules

by Holland & Knight LLP on

Finding that "naked paternalism" will not justify "protecting the public from truthful information," a Florida federal court held that two Florida Bar rules restricting attorney advertising violate the First Amendment to the...more

District Court Holds Plaintiff and Plaintiff's Attorneys Jointly and Severally Liable for Attorney's Fees and Costs After Finding...

After trial, HTC Corporation and HTC America, Inc. ("HTC") filed a motion seeking to recover attorney fees and costs from plaintiff's attorneys as well as from plaintiff Intellect Wireless, Inc. ("IW"). IW withdrew its...more

Crime-Fraud Exception to Attorney-Client Privilege – Facebook’s Lawsuit

by Cozen O'Connor on

The crime-fraud exception to attorney-client privilege: As an attorney, you may not anticipate it applying to your emails, your letters or your advice to your client. But even if you never see it coming, your client’s...more

Friending and Following Jurors: The Ethical Boundaries of Researching Jurors on Social Media

by Butler Snow LLP on

What are the ethical boundaries of an attorney’s internet research of jurors? Before the ubiquity of the internet, an attorney obviously couldn’t walk up to a potential juror in a restaurant and strike up a conversation. But...more

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