Personal Injury, Communications & Media Law

Let Them Eat Cake! (And Then Write an Online Review about It)

by Laura Rogal | Jaburg Wilk on 5/16/2013

Arizona's restaurant scene is buzzing these days with last Friday's season finale of "Kitchen Nightmares". Just Google "Amy's Baking Company" and a proliferation of stories about the featured business appears, including a...more

California To Draw The Lines In Disparagement Liability

by Tyler Gerking | Farella Braun + Martel LLP on 5/15/2013

The California Supreme Court has granted review of the Court of Appeal’s decision in Hartford Casualty Insurance Company v. Swift Distribution, Inc., 210 Cal. App. 4th 915 (2d Dist. Ct. App. Oct. 29, 2012), review granted 152...more

First Circuit Vacates Denial Of Class Certification In Opinion Concerning Pfizer’s Off-Label Marketing Of Neurontin

by Jennifer M. McPheeters | Carlton Fields on 5/7/2013

In Harden Manufacturing Co. v. Pfizer, Inc., 712 F.3d 60 (1st Cir. 2013), one of three cases addressing Pfizer’s off-label marketing of the anticonvulsant drug, Neurontin, the First Circuit vacated the district court’s denial...more

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

Texas Court Allows Defamation Claim Against Landowner to Proceed

by Cassie J. Dallas | BakerHostetler on 4/26/2013

On Monday, Texas’s Second District Court of Appeals partially affirmed a District Court order allowing Range Resources Corporation’s (“Range”) defamation and business disparagement claims against a landowner to...more

Fenwick Employment Brief: Employee Social Media Account Ownership Still Uncertain

by Sheeva J. Ghassemi-Vanni, Daniel J. McCoy | Fenwick & West LLP on 4/18/2013

Who owns an employee's social media account when it is used to promote the employer's business? This is a hot-button topic and developing area of employment law, and a Pennsylvania federal court recently shed more light on...more

Spoliation of Social Media Evidence: New Jersey Court Cracks Down

by Emily Huters | Morrison Foerster - Social Media on 4/17/2013

A March 23, 2013 decision from the U.S. District Court for the District of New Jersey serves as a cautionary tale for litigants. As a result of some arguably poor decisions by the plaintiff and likely miscommunication between...more

Help! I’ve Been Slammed on Yelp!

by Donna Ray Berkelhammer | Sands Anderson PC on 4/15/2013

“Order the hamburgers at Donna’s Diner if you like salty, dried out burgers dripping in ketchup and onions to try to give them some flavor. Don’t go there unless you have a strong stomach and you like sticky seats or surly...more

The Duty To Preserve Social Media Information

by Michael Schmidt | Cozen O'Connor on 4/10/2013

It is not, as many recent articles and blogs have discussed, just about whether relevant social media information can be discovered by one party in a lawsuit. It is also about what happens when a party fails to preserve...more

Corrections Officer Posts Gory Injury Pic on Facebook

by Lanier Law Group, P.A. on 4/10/2013

A correction officer at Rikers Island snapped a photo of a nasty wound which resulted from a random attack in the visitors’ center and shared it on Facebook with the caption of "The Things That Happens On The Island Shhh"....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

Paying College Players

by Derek Allen | Winthrop & Weinstine, P.A. on 3/27/2013

As my diehard readers (maybe reader? Hi Mom! (Just kidding, I’m pretty sure even she doesn’t read these)) will remember, I blogged about pending litigation between former college athletes and the NCAA regarding whether...more

Does Your CEO Own Her LinkedIn Account? One Court Says Yes, But…

by Daniel A. Schwartz | Pullman & Comley, LLC on 3/21/2013

In legal circles, we’ve all been anxiously awaiting a result in the case of Eagle v. Morgan (download here) – a case out of Pennsylvania where the issue who owned a LinkedIn page and contacts (the employee vs. the employer)...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

A Busy Day of Civil Arguments at the Illinois Supreme Court

by Kirk Jenkins | Sedgwick LLP on 3/19/2013

Tomorrow will be a busy day for the Illinois Supreme Court's civil docket, with five cases being argued, beginning at 9:00 a.m. They are...more

Gavel to Gavel: Picture policies

by Jessica John Bowman | McAfee & Taft on 3/14/2013

Originally published in The Journal Record - March 14, 2013. Your company just hosted a successful public event, perhaps a fundraiser for a local charity. The event is over, and all that remains is to post photos from...more

Defrauding Facebook: How One Man Almost Stole The World’s Largest Social Network

by The Law Offices of Tacopina Seigel and... on 3/11/2013

In October 2012 Paul Ceglia of New York was arrested on charges he forged documents in a multibillion-dollar scheme to defraud Facebook and its chief executive Mark Zuckerberg. Mr. Ceglia had brought a much publicized lawsuit...more

Jackson Walker's VIA Media Postcard - February 2013

by Stacy Allen, Robert (Bob) P. Latham | Jackson Walker on 2/27/2013

In This Issue: - Stacy Allen Speaks: Right of Publicity: Advantage Athletes - Recent court decisions regarding unlicensed likenesses of celebrities in programs, products or video games represent a disturbing...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

Donald Trump Sues Bill Maher for Monkeying Around on Late-Night Talk Show

by Dan Nabel | Greenberg Glusker Fields Claman & Machtinger... on 2/21/2013

Here at Law Law Land, there are a few pearls of wisdom we like to repeat — perhaps to a fault — just because they are so helpful and right. Copyright law doesn’t protect ideas, only the expressions of ideas. Being legally...more

UK Court of Appeal Holds That, Upon Notice, Google May Be Liable For Defamatory User-Generated Content on Blogging Platform...

by Robert Balin, Jeremy Chase | Davis Wright Tremaine LLP on 2/20/2013

In a unanimous ruling issued on Thursday, Feb. 14, 2013, the England and Wales Court of Appeal held that Google may be deemed a “publisher” of (and held liable for) defamatory user-generated content appearing in blogs hosted...more

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Personal Injury › Communications & Media Law