Communications & Media Law, Personal Injury, Science, Computers & Technology

Advertising News & Analysis - April 18, 2013

by Ellen Traupman Berge, Jeffrey D. Knowles, Amy Ralph Mudge, Jonathan L. Pompan, Gregory J. Sater, Randal M. Shaheen | Venable LLP on 4/29/2013

In this issue: - FTC Chairwoman Addresses AAF’s Advertising on the Hill Day, Provides Broad Guidance - Bringing a Legal Challenge? Expect One in Return - NAD Says Doctor-Recommended Claims Need a Second...more

Gatekeepers And Online Defamation

by Tim Banks | Dentons on 4/4/2013

The scourge of online defamation poses enforcement challenges for victims. So much so that there may be a temptation to begin looking for gatekeepers. The direction of the law appears to be ready to assist....more

Who Owns a LinkedIn Account? An Update to Eagle v. Edcomm, Inc.

by Christophe Difo | Mintz Levin - Employment, Labor & Benefits on 3/20/2013

In October 2012, we told you about the case of Eagle v. Edcomm, Inc. pertaining to whether an employee’s LinkedIn account belongs to the employee (Linda Eagle) or to her employer (Edcomm). At that time, the United States...more

Social Media Law (Part 3: Defamation)

by Field Law on 2/26/2013

The use of social means to engage in defamation is nothing new. Indeed, defamation requires the very social element of publication. Social media - Facebook pages or posts, tweets, blogs and online comments - merely make...more

Re-Publishing a Third-Party’s Unbiased Endorsement Can be Perilous

by Shep Davidson | Burns & Levinson LLP on 2/22/2013

It should come as no surprise that making a false statement about a competitor’s product or service is actionable. Similarly, albeit slightly less obvious, repeating a false statement that someone else makes about a...more

Two Federal Cases Hold Website "Responsible" for Postings on thedirty.com

by Robert Rogers | Holland & Knight LLP on 2/1/2013

Courts in Kentucky and Maryland — in a pair of cases involving the saucy website thedirty.com — have broken new ground by suggesting that website operators can waive immunity under the Communications Decency Act (CDA) for...more

Website Owners: Who Is Liable For Third Party Postings On Your Website?

by Rachelle E. Hill | Bean, Kinney & Korman, PC on 12/28/2012

A recent Fairfax County defamation case involving a consumer’s scathing postings against a contractor on Yelp and Angie’s List raises the issue as to who can be held liable for postings made by third parties. Can the...more

Hyperlinks Do Not Republish Alleged Defamatory Material

by Richard Raysman | Holland & Knight LLP on 12/5/2012

In In re Phila. Newspapers LLC, 690 F.3d 161 (3d Cir. 2012), the Third Circuit held, among other things, that linking to previously published material is not "republication" under the single publication rule....more

Travel Website Rankings of "Dirtiest Hotels" Based on User-Generated Content May Be Flawed, But Are Not Defamatory As a Matter of...

by Holland & Knight LLP on 9/14/2012

In Seaton v. TripAdvisor, LLC, 2012 WL 3637394 (E.D. Tenn. Aug. 22, 2012), a Tennessee district court held that an online travel ratings site that created a Top Ten Dirtiest Hotels list based upon user comments and data is...more

How to Identify the Anonymous Online Defamer

by Looper Reed & McGraw, P.C. on 7/23/2012

After reading part one of this series on whether legal action is the right move to respond to negative online comments as discussed in part one, you have decided you need for defamation. So, how do you figure out who to sue...more

When the Best Defense is a Proactive Offense: Protecting Your Reputation on the Internet

by John Krieger | Lewis and Roca LLP on 6/29/2012

Here’s the scenario: You’re a well-known athlete. You’ve worked hard to become the best in your game. You wake up one morning, grab your coffee, sit down at your computer and start to read the morning’s news. Much to your...more

Corporate Websites: Be careful who you’re linking with

by Morrison & Foerster LLP on 5/25/2012

The English High Court has opened up the possibility that, even if a website is not itself defamatory, if it hyperlinks to a different website which is defamatory, the operator of the originating website could still be liable...more

Six Months after New York Spoke on Defamation Immunity for Online Service Providers, Analysis & Thoughts

by Wahab & Medenica LLC on 11/21/2011

The New York Court of Appeals, New York’s highest court, handed down an opinion this June that was a big win for online service providers in one of the Union’s most populous and critical states. The Court of Appeal’s first...more

Crookes v Newton - Hyperlinks and Liability

by Heenan Blaikie LLP on 10/21/2011

It's been an exciting few years (relatively speaking) for defamation law in Canada: in 2008 the Supreme Court of Canada handed down its decision in WIC Radio Ltd. v. Simpson 2008 SCC 40, which modified the defence of fair...more

New York High Court Splits on Applicability of Communications Decency Act Section 230 to Online Forum Operator

by Proskauer - New Media & Technology on 6/30/2011

A divided New York Court of Appeals ruled on June 14, 2011, that an online forum administrator’s additions to an allegedly defamatory post by a user are protected by Section 230 of the Communications Decency Act. Shiamili v....more

Federal Lawsuit Alleges Infringement of Minors' New York Right of Publicity by Facebook "Like" and "Friend Finder" Features

by Proskauer - New Media & Technology on 5/19/2011

In what may represent a new wave in an interesting challenge to the viral nature of social media marketing, a recently filed putative class action asserts a right of publicity claim against Facebook in connection with the...more