Author Info for Morrison & Foerster LLP - Social Media

Cindy Abramson

Socially Aware - Volume 5, Issue 2 - April 2014

In This Issue: - Employer Access to Employee Social Media: Applicant Screening, ‘Friend’ Requests and Workplace Investigations - Driving Under the Influence (of Google Glass) - U.S. Courts’ Evolving Approaches to…more

Car Accident, Copyright, Distracted Driving, Employer Liability Issues, Google

See all updates »

Eric Acker

The Kirtsaeng Opinion: Supreme Court Guidance on Attorneys’ Fees Awards in Copyright Cases

Recently, in Kirtsaeng v. John Wiley & Sons, Inc., the U.S. Supreme Court provided substantial guidance in an unsettled area of law by holding that, when deciding whether to award attorneys’ fees under 17 U.S.C. §505, the…more

Attorney's Fees, Copyright, Copyright Infringement, Fee-Shifting, First Sale Doctrine

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Siena Sofia Magdalena Anstis

Anonymous Internet Users Beware: New Presumption in Favor of Unmasking the Losing Anonymous Defendant

Following a recent decision from the Sixth Circuit, anonymous bloggers and other Internet users who post third-party copyrighted material without authorization have cause for concern. They may be unable to preserve their…more

Anonymity, Copyright, Copyright Infringement, Internet

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Sana Ashcroft

Proceed To Check Out? The Impact Of 2018 European E-Commerce Reforms

The European Union (EU) has made reform of the e-commerce rules in Europe one of its main priorities for 2018. The European Commission has already published two proposed Directives relating to cross-border e-commerce but…more

Digital Single Market, E-Commerce, EU, European Parliament, Reformation

See all updates »

Dean Atyia

The Kirtsaeng Opinion: Supreme Court Guidance on Attorneys’ Fees Awards in Copyright Cases

Recently, in Kirtsaeng v. John Wiley & Sons, Inc., the U.S. Supreme Court provided substantial guidance in an unsettled area of law by holding that, when deciding whether to award attorneys’ fees under 17 U.S.C. §505, the…more

Attorney's Fees, Copyright, Copyright Infringement, Fee-Shifting, First Sale Doctrine

See all updates »

Patrick Bernhardt

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

Anonymity, Copyright, Digital Assets, DMCA, Federal Trade Commission (FTC)

See all updates »

Erin Bosman

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

ABC v Aereo, Accessibility Rules, Computer Fraud and Abuse Act (CFAA), DMCA, EU

See all updates »

John Carlin

SCOTUS to Resolve Lower-Court Dispute Over U.S. Warrants Seeking Foreign-Stored User Data

The U.S. Supreme Court on Oct. 16, 2017, announced it had granted the government’s petition for certiorari in United States v. Microsoft and will hear a case this Term that could have lasting implications for how technology…more

Big Data, Data Localization Law, Department of Justice (DOJ), Electronically Stored Information, Microsoft

See all updates »

Charles Anthony Cartagena-Ortiz

Appeals Court Again Upholds Section 230 Protections in Case Against Grindr

Often hailed as the law that gave us the modern Internet, Section 230 of the Communication Decency Act generally protects online platforms from liability for content posted by third parties. Many commentators, including us here…more

Communications Decency Act, Corporate Counsel, Internet, Safe Harbors, Section 230

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Scott Chen

Northern District Of California Holds That Section 230 Applies To App Store

While Section 230 of the Communications Decency Act continues to face significant calls for reform or even elimination, the recent Coffee v. Google case illustrates that Section 230 continues to provide broad protection to…more

Class Action, Communications Decency Act, Corporate Counsel, Google, Google Play Store

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Tiffany Cheung

FCC Clarifies Its Interpretations of the Telephone Consumer Protection Act, Provoking Strong Objections From the Business Community

On July 10, 2015, the Federal Communications Commission (FCC) released a 140-page Omnibus Declaratory Ruling and Order in response to more than two dozen petitions from businesses, attorneys general, and consumers seeking…more

Auto-Dialed Calls, Call Blocking, Exemptions, Exigent Circumstances, FCC

See all updates »

Geary Choe

Avoiding Claims Under The Computer Fraud And Abuse Act In Connection With Software And Firmware Updates

A recent ruling in Parziale v. HP, Inc., arising out of the implementation by Hewlett-Packard (“HP”) of a remote firmware update on many models of the company’s printers, highlights the potentially broad application of the…more

Authorized Use, Computer Fraud and Abuse Act (CFAA), Corporate Counsel, Hackers, Hewlett-Packard

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Melissa Crespo

Socially Aware: The Social Media Law Update Volume 6, Issue 4

Five social media law issues to discuss with your clients - The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this muddled…more

Anonymity, Anti-Retaliation Provisions, Blogging Platforms, Browsewrap Agreement, Class Action

See all updates »

Dario de Martino

Delaware Governor Signs Groundbreaking Blockchain Legislation into Law

On July 21, 2017, following last June’s announcement that the Delaware House of Representatives had passed (with near unanimity) blockchain-related provisions proposing to amend several sections of the Delaware General…more

Blockchain, Financial Services Industry, FinTech, Popular, Stocks

See all updates »

John Delaney

Social Links: Axed exec sues people behind anonymous Instagram account; bill protects elderly from social media exploitation; using social media to impeach witnesses in criminal trials

An advertising executive who lost his job after being named on an anonymous Instagram account is suing the now-defunct account for defamation. The suit names as defendants not only the account—Diet Madison Avenue, which was…more

Copyright, Cyberbullying, Defamation, Exploitation, Impeachment

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Katherine Marie DeVries

Just Browsing: District Court Finds Browsewrap Agreement Enforceable

Courts continue to grapple with the enforceability of online agreements. While courts generally enforce clickwrap agreements—online agreements where users affirmatively show their acceptance after being presented with the terms,…more

Browsewrap Agreement, Clickwrap Agreements, Online Contracts, Terms of Use, Websites

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Malcolm Dort

Socially Aware: The Social Media Law Update Volume 7, Issue 4

Mixed Messages: Courts Grapple With Emoticons and Emoji - Emoticon and emoji are ubiquitous in online and mobile communications; according to one study, 74 percent of Americans use emoticons, emoji and similar images on a…more

Ad-Blockers, Copyright, Emoji, Facebook, Federal Trade Commission (FTC)

See all updates »

Charles Duross

How to Comply with the Revised Ephemeral-Messaging Provision in the FCPA’s Corporate Enforcement Policy

In early March 2019, the Department of Justice (DOJ) revised its Foreign Corrupt Practices Act (FCPA) Corporate Enforcement Policy (the Policy). First announced in November 2017, the Policy is designed to encourage companies to…more

Department of Justice (DOJ), Enforcement Actions, FCPA Corporate Enforcement Policy (CEP), Foreign Corrupt Practices Act (FCPA)

See all updates »

Kristina Ehle

Proceed To Check Out? The Impact Of 2018 European E-Commerce Reforms

The European Union (EU) has made reform of the e-commerce rules in Europe one of its main priorities for 2018. The European Commission has already published two proposed Directives relating to cross-border e-commerce but…more

Digital Single Market, E-Commerce, EU, European Parliament, Reformation

See all updates »

Larry Engel

Socially Aware: The Social Media Law Update Volume 6, Issue 4

Five social media law issues to discuss with your clients - The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this muddled…more

Anonymity, Anti-Retaliation Provisions, Blogging Platforms, Browsewrap Agreement, Class Action

See all updates »

Mona Fang

Zazzle Fizzles: Website Operator Denied Copyright Safe Harbor Protection for Its Sale of Physical Products Featuring User-Generated Images

We discussed last year the trend toward companies seeking to monetize user-generated content. A recent Central District of California decision in Greg Young Publishing, Inc. v. Zazzle, Inc. serves as an important reminder of the…more

Copyright, Copyright Infringement, DMCA, Safe Harbors, Standing

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Aramide Fields

Algarin v. Maybelline: Survey Evidence of Purchaser Behavior Defeats Class Certification

A recent decision by a California federal judge highlights the important role that expert testimony and evidence can play in defeating a bid for class certification. On May 12, 2014, Judge Anthony Battaglia of the Southern…more

Class Action, Class Certification, Cosmetics, Expert Testimony, False Advertising

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Adam Fleisher

Fake News & Paid Reviews: FTC Seeks Comments On Its Endorsement Guides

The Federal Trade Commission (FTC) appears to be using its ongoing review of current rules and guides to revisit its approach to driving home the message that the relationship between a social media “influencer” and the brand he…more

Disclosure Requirements, Endorsements, Fake Reviews, Federal Trade Commission (FTC), FTC Endorsement Guidelines

See all updates »

Chris Ford

Socially Aware - Volume 6, Issue 1 - January/February 2015

In This Issue: - Good Rep: Social Media Assets in M&A Transactions - Narrow Vision: Did Anti-Glass Hysteria Contribute to the Demise of Google Glass? - Forced to Cyber-Spy: Court Rules Parents Can Be Held…more

Business Assets, Cloud Computing, Contract Negotiations, Facebook, Federal Trade Commission (FTC)

See all updates »

Lawrence Gallick

Social Links: Deepfakes, AI, And The Continuing Saga Of Reddit

Lingo Telecom, a Georgia-based VoIP service operator, has agreed to pay a $1 million fine for using AI-generated deepfake technology to spoof President Joe Biden’s voice in a series of robocalls. A Louisiana political consultant…more

Artificial Intelligence, California, Copyright Infringement, Deep Fake, Google

See all updates »

Paul Goldstein

Limiting Statutory Damages in Internet Copyright Cases

One of the most significant legal concerns for Internet service providers is the risk of exposure to liability for the copyright infringements of their users. The concern is not unreasonable. Because Internet service providers…more

Copyright, Copyright Infringement, Direct Infringement, Internet Service Providers (ISPs), Statutory Damages

See all updates »

William Goodwin

Can Touting Your New Job on Social Media Sites Violate a Non-Solicitation Agreement?

According to a federal judge in Oklahoma in Pre-Paid Legal Services, Inc. v. Cahill, simply sharing information about a new job over social media does not mean that you are inviting former co-workers to come join you in…more

Facebook, Non-Solicitation Agreements, Preliminary Injunctions, Social Media

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Libby Greismann

Socially Aware: The Social Media Law Update Volume 7, Issue 2

Welcome to the newest issue of Socially Aware, our Burton Award winning guide to the law and business of social media. In this edition, we offer tips for a successful—and legal—advertising campaign; we examine a New York State…more

Advertising, B2C, Big Data, Digital Goods, Discovery

See all updates »

Amber Harezlak

S.D.N.Y.: Public Display Of Embedded Instagram Photo Does Not Infringe Copyright

A federal district court in New York held that a photographer failed to state a claim against digital-media website Mashable for copyright infringement of a photo that Mashable embedded on its website by using Instagram’s…more

APIs, Copyright, Copyright Infringement, Instagram, Terms of Use

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Lindsay Harris

State Social Media Laws Targeted At Teens Face Opposition

A few months ago, we highlighted the many pending and enacted state-level social media laws targeting minors’ use of social media. Since then, political and industry groups have begun to push back, calling into question whether…more

Minors, Online Safety for Children, Parental Consent, Personal Information, Preliminary Injunctions

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Kristin Hiensch

Socially Aware: The Social Media Law Update Volume 6, Issue 4

Five social media law issues to discuss with your clients - The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this muddled…more

Anonymity, Anti-Retaliation Provisions, Blogging Platforms, Browsewrap Agreement, Class Action

See all updates »

Emily Huters

Spoliation of Social Media Evidence: New Jersey Court Cracks Down

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

Discovery, Electronically Stored Information, Evidence, Facebook, Gatto v United Air Lines

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Hollis L. Hyans

E-Commerce Providers Take Note: New York’s Highest Court Upholds “Amazon” Sales Tax Statute

On March 28, 2013, the Court of Appeals, New York’s highest court, issued a decision in Overstock.com, Inc. & Amazon.com, LLC, et al., holding that New York’s “click-through nexus” statute does not violate the Commerce Clause or…more

Amazon, Click-Through Nexus, Commerce Clause, Due Process, E-Commerce

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Janelle Hyun

Computer Service Providers Face Implied Limits On CDA Immunity

Often lauded as the most important law for online speech, Section 230 of the Communications Decency Act (CDA) does not just protect popular websites like Facebook, YouTube and Google from defamation and other claims based on…more

Communications Decency Act, Malware, Safe Harbors, Social Media, Spyware

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Michael Jacobs

The Kirtsaeng Opinion: Supreme Court Guidance on Attorneys’ Fees Awards in Copyright Cases

Recently, in Kirtsaeng v. John Wiley & Sons, Inc., the U.S. Supreme Court provided substantial guidance in an unsettled area of law by holding that, when deciding whether to award attorneys’ fees under 17 U.S.C. §505, the…more

Attorney's Fees, Copyright, Copyright Infringement, Fee-Shifting, First Sale Doctrine

See all updates »

Sherman Kahn

To Click or Not to Click? Ninth Circuit Rejects Browsewrap Arbitration Clause

In Kevin Khoa Nguyen v. Barnes & Noble Inc., 2014 U.S. App. LEXIS 15868 (9th Cir. 2014), decided on August 18, 2014, the Ninth Circuit rejected an attempt to bind a consumer to an arbitration clause found in an online terms of…more

Arbitration, Barnes and Noble, Browsewrap Agreement, Clickwrap Agreements, Contract Formation

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Holger Andreas Kastler

European Commission Publishes Draft Regulation Prohibiting Geo-Blocking by Online Traders and Content Publishers

As part of the European Commission’s Digital Single Market initiative, the European Commission has published a draft Regulation aimed at preventing traders from discriminating against customers located in other EU Member States…more

Anti-Discrimination Policies, Cross-Border, Digital Single Market, E-Commerce, EU

See all updates »

Jacob Michael Kaufman

Socially Aware - Volume 5, Issue 2 - April 2014

In This Issue: - Employer Access to Employee Social Media: Applicant Screening, ‘Friend’ Requests and Workplace Investigations - Driving Under the Influence (of Google Glass) - U.S. Courts’ Evolving Approaches to…more

Car Accident, Copyright, Distracted Driving, Employer Liability Issues, Google

See all updates »

Spencer Klein

Delaware Governor Signs Groundbreaking Blockchain Legislation into Law

On July 21, 2017, following last June’s announcement that the Delaware House of Representatives had passed (with near unanimity) blockchain-related provisions proposing to amend several sections of the Delaware General…more

Blockchain, Financial Services Industry, FinTech, Popular, Stocks

See all updates »

Tomoki Kodama

The Diet Has Spoken: Japanese Lawmakers Approve Internet-Enabled Campaigning

In February 2013, we reported on legislative momentum in the Japanese Diet to bring Japan’s sixty-year-old election laws into the brave new world of Web 2.0. On April 19, 2013, that reform effort came to fruition, when a bill…more

Blogs, Facebook, Internet, Japan, New Legislation

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Filipp Kofman

E-tailers Rejoice as Decisions Limit Plaintiffs’ Lawyers’ Ability to Sue in Federal Court for Alleged Violations of New Jersey’s Controversial Consumer Protection Law

Online retailers are breathing a little easier since a New Jersey federal court handed down two decisions making it more difficult for plaintiffs to prevail against such retailers in federal court under New Jersey’s…more

Class Action, E-Commerce, Truth in Consumer Contracts Laws

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James Koukios

How to Comply with the Revised Ephemeral-Messaging Provision in the FCPA’s Corporate Enforcement Policy

In early March 2019, the Department of Justice (DOJ) revised its Foreign Corrupt Practices Act (FCPA) Corporate Enforcement Policy (the Policy). First announced in November 2017, the Policy is designed to encourage companies to…more

Department of Justice (DOJ), Enforcement Actions, FCPA Corporate Enforcement Policy (CEP), Foreign Corrupt Practices Act (FCPA)

See all updates »

J. Alexander Lawrence

Supreme Court Clarifies The Boundaries Of Public Official Liability On Social Media

In its recent opinion in Lindke v. Freed, the U.S. Supreme Court addressed when public officials may be held liable for violating the First Amendment for silencing critics on social media. The Court held that a public official…more

Appeals, Appellate Courts, Disclaimers, First Amendment, Government Officials

See all updates »

Jamie Levitt

Controversial New Jersey Consumer Protection Law Creates a Potential “Gotcha” for E-Commerce Companies

If your company is involved in selling products or services to consumers in New Jersey over the web or through mobile apps, you’ll want to read this blog post…more

Class Action, Consumer Contracts, Consumer Fraud, E-Commerce, Internet Retailers

See all updates »

Joyce Liou

Limiting Statutory Damages in Internet Copyright Cases

One of the most significant legal concerns for Internet service providers is the risk of exposure to liability for the copyright infringements of their users. The concern is not unreasonable. Because Internet service providers…more

Copyright, Copyright Infringement, Direct Infringement, Internet Service Providers (ISPs), Statutory Damages

See all updates »

Robert Litt

Location Information Is Protected by the 4th Amendment, SCOTUS Rules

As close observers of the implications of privacy law on companies’ data collection, usage and disclosure practices, we at Socially Aware were among the many tech-law enthusiasts anticipating the U.S. Supreme Court’s recent…more

Carpenter v US, Cell Phones, Cell Site Location Information (CSLI), Criminal Convictions, Electronic Records

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Meredith Louis

Socially Aware: The Social Media Law Update Volume 7, Issue 2

Welcome to the newest issue of Socially Aware, our Burton Award winning guide to the law and business of social media. In this edition, we offer tips for a successful—and legal—advertising campaign; we examine a New York State…more

Advertising, B2C, Big Data, Digital Goods, Discovery

See all updates »

Samuel Lunier

FCC Clarifies Its Interpretations of the Telephone Consumer Protection Act, Provoking Strong Objections From the Business Community

On July 10, 2015, the Federal Communications Commission (FCC) released a 140-page Omnibus Declaratory Ruling and Order in response to more than two dozen petitions from businesses, attorneys general, and consumers seeking…more

Auto-Dialed Calls, Call Blocking, Exemptions, Exigent Circumstances, FCC

See all updates »

David Lynn

SEC Staff Issues Guidance On Technology, Data & IP Risks In International Operations

On December 19, 2019, the Staff of the U.S. Securities and Exchange Commission’s Division of Corporation Finance issued guidance outlining the Staff’s views about disclosure obligations that companies should consider with…more

Corp Fin, Cybersecurity, Intellectual Property Protection, Securities and Exchange Commission (SEC)

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Christine Lyon

Socially Aware: The Social Media Law Update Volume 7, Issue 4

Mixed Messages: Courts Grapple With Emoticons and Emoji - Emoticon and emoji are ubiquitous in online and mobile communications; according to one study, 74 percent of Americans use emoticons, emoji and similar images on a…more

Ad-Blockers, Copyright, Emoji, Facebook, Federal Trade Commission (FTC)

See all updates »

Alistair Maughan

Proceed To Check Out? The Impact Of 2018 European E-Commerce Reforms

The European Union (EU) has made reform of the e-commerce rules in Europe one of its main priorities for 2018. The European Commission has already published two proposed Directives relating to cross-border e-commerce but…more

Digital Single Market, E-Commerce, EU, European Parliament, Reformation

See all updates »

David McDowell

Socially Aware - Volume 6, Issue 3 - July/August 2015

Welcome to the newest issue of Socially Aware, our Burton Award winning guide to the law and business of social media. In this edition, we present a “grand unifying theory” of today’s leading technologies and the legal…more

Advertising, Consumer Bankruptcy, Copyright Infringement, Creditors, Data Collection

See all updates »

Susan McLean

European Commission Publishes Draft Regulation Prohibiting Geo-Blocking by Online Traders and Content Publishers

As part of the European Commission’s Digital Single Market initiative, the European Commission has published a draft Regulation aimed at preventing traders from discriminating against customers located in other EU Member States…more

Anti-Discrimination Policies, Cross-Border, Digital Single Market, E-Commerce, EU

See all updates »

Deirdre Moynihan

Socially Aware - Volume 5, Issue 2 - April 2014

In This Issue: - Employer Access to Employee Social Media: Applicant Screening, ‘Friend’ Requests and Workplace Investigations - Driving Under the Influence (of Google Glass) - U.S. Courts’ Evolving Approaches to…more

Car Accident, Copyright, Distracted Driving, Employer Liability Issues, Google

See all updates »

Lauren Navarro

How to Comply with the Revised Ephemeral-Messaging Provision in the FCPA’s Corporate Enforcement Policy

In early March 2019, the Department of Justice (DOJ) revised its Foreign Corrupt Practices Act (FCPA) Corporate Enforcement Policy (the Policy). First announced in November 2017, the Policy is designed to encourage companies to…more

Department of Justice (DOJ), Enforcement Actions, FCPA Corporate Enforcement Policy (CEP), Foreign Corrupt Practices Act (FCPA)

See all updates »

David Newman

SCOTUS to Resolve Lower-Court Dispute Over U.S. Warrants Seeking Foreign-Stored User Data

The U.S. Supreme Court on Oct. 16, 2017, announced it had granted the government’s petition for certiorari in United States v. Microsoft and will hear a case this Term that could have lasting implications for how technology…more

Big Data, Data Localization Law, Department of Justice (DOJ), Electronically Stored Information, Microsoft

See all updates »

Ken Nicholds

Controversial New Jersey Consumer Protection Law Creates a Potential “Gotcha” for E-Commerce Companies

If your company is involved in selling products or services to consumers in New Jersey over the web or through mobile apps, you’ll want to read this blog post…more

Class Action, Consumer Contracts, Consumer Fraud, E-Commerce, Internet Retailers

See all updates »

Vincent Novak

Socially Aware - Volume 6, Issue 3 - July/August 2015

Welcome to the newest issue of Socially Aware, our Burton Award winning guide to the law and business of social media. In this edition, we present a “grand unifying theory” of today’s leading technologies and the legal…more

Advertising, Consumer Bankruptcy, Copyright Infringement, Creditors, Data Collection

See all updates »

Julie O'Neill

Part 2(B) – Section 230: 27 Years Old And Still In The Spotlight

In this second installment of our six-part series examining Section 230, the section of the 1996 Communications Decency Act (CDA) that immunizes online service providers from liability stemming from the publication and filtering…more

Communications Decency Act, Defamation, Distributors, Immunity, Online Platforms

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Theresa Oehm

German Federal Court: Unfair Competition Law No Basis to Ban Ad Blocking and Whitelisting

Holding that offering software that allows users to block advertising does not qualify as an unfair commercial practice even if the software gives advertisers the option to pay for showing certain ads—a practice known as…more

Ad-Blockers, Advertising, Germany, Online Advertisements, Unfair Competition

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Jake Joseph Perkowski

Social Media E-Discovery: Are Your Facebook Posts Discoverable in Civil Litigation?

Judge Richard J. Walsh began his opinion in Largent v. Reed with the following question: “What if the people in your life want to use your Facebook posts against you in a civil lawsuit?” With the explosive growth of social…more

Admissible Evidence, Discovery, Electronically Stored Information, Facebook, Motion to Compel

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Sotirios Petrovas

Socially Aware: The Social Media Law Update Volume 7, Issue 3

How To Protect Your Company’s Social Media Currency - Today’s companies compete not only for dollars but also for likes, followers, views, tweets, comments and shares. “Social currency,” as some researchers call it, is…more

Clickwrap Agreements, Data Security, Digital Single Market, EU, EU-US Privacy Shield

See all updates »

Evangeline Phang

District Court In 3rd Circuit Sides With 9th Circuit: §230 Protects Social Platforms From State Law Intellectual Property Claims

It is another win for social media platforms in the realm of the Communications Decency Act’s Section 230. In a case of first impression within the Third Circuit, the Eastern District of Pennsylvania in Hepp v. Facebook ruled…more

Communications Decency Act, Facebook, Immunity, Online Platforms, Safe Harbors

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Gina Pickerrell

Fake News & Paid Reviews: FTC Seeks Comments On Its Endorsement Guides

The Federal Trade Commission (FTC) appears to be using its ongoing review of current rules and guides to revisit its approach to driving home the message that the relationship between a social media “influencer” and the brand he…more

Disclosure Requirements, Endorsements, Fake Reviews, Federal Trade Commission (FTC), FTC Endorsement Guidelines

See all updates »

Obrea O. Poindexter

Socially Aware - Volume 5, Issue 1 - January/February 2014

In This Issue: FFIEC Issues Final Guidance on Social Media Usage by Financial Institutions; Uncovering a Line in the Sand: Employee Social Media Use and the NLRA; Website Operators Await Final Guidance Regarding…more

Disclosure, Do Not Track, FFIEC, First Amendment, Mobile Apps

See all updates »

Alja Poler De Zwart

German Court Holds Google Responsible for Its Search Suggestions

On May 15, 2013, in a case filed against Google by an entrepreneur selling dietary supplements and cosmetics (the “Plaintiff”), the German Federal Court of Justice in Karlsruhe (Bundesgerichtshof, the “Federal Court”) ruled that…more

Defamation, EU, Google, Keyword Search

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Sarah Prutzman

New York’s Highest Court Rebuffs Facebook’s Efforts to Protect the Rights of Its Users in Search Warrant Fight

Facebook’s four-year battle on behalf of its users, seeking to quash 381 warrants obtained by the New York County District Attorney’s Office, has come to a close. The decision of the New York Court of Appeals—which is New York’s…more

Appeals, Facebook, Fraud, Social Media, Social Security Disability

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Mary Race

Socially Aware: The Social Media Law Update Volume 7, Issue 4

Mixed Messages: Courts Grapple With Emoticons and Emoji - Emoticon and emoji are ubiquitous in online and mobile communications; according to one study, 74 percent of Americans use emoticons, emoji and similar images on a…more

Ad-Blockers, Copyright, Emoji, Facebook, Federal Trade Commission (FTC)

See all updates »

Anthony Ramirez

Social Links: Deepfakes, AI, And The Continuing Saga Of Reddit

Lingo Telecom, a Georgia-based VoIP service operator, has agreed to pay a $1 million fine for using AI-generated deepfake technology to spoof President Joe Biden’s voice in a series of robocalls. A Louisiana political consultant…more

Artificial Intelligence, California, Copyright Infringement, Deep Fake, Google

See all updates »

Karin Retzer

Socially Aware - Volume 5, Issue 7 - December 2014

In This Issue: - What’s in a Like? - R.I.P.: The Facebook “Like” Gate - Facebook Dislikes Fake Likes - Privacy in the Cloud: A Legal Framework for Moving Personal Data to the Cloud - Click it…more

Advertising, Clickwrap Agreements, Cloud Computing, COPPA, Counterfeiting

See all updates »

Justin Kareem Rezkalla

Supreme Court Clarifies The Boundaries Of Public Official Liability On Social Media

In its recent opinion in Lindke v. Freed, the U.S. Supreme Court addressed when public officials may be held liable for violating the First Amendment for silencing critics on social media. The Court held that a public official…more

Appeals, Appellate Courts, Disclaimers, First Amendment, Government Officials

See all updates »

Cynthia Rich

Socially Aware: The Social Media Law Update Volume 7, Issue 3

How To Protect Your Company’s Social Media Currency - Today’s companies compete not only for dollars but also for likes, followers, views, tweets, comments and shares. “Social currency,” as some researchers call it, is…more

Clickwrap Agreements, Data Security, Digital Single Market, EU, EU-US Privacy Shield

See all updates »

Joseph Rosner

SCOTUS to Resolve Lower-Court Dispute Over U.S. Warrants Seeking Foreign-Stored User Data

The U.S. Supreme Court on Oct. 16, 2017, announced it had granted the government’s petition for certiorari in United States v. Microsoft and will hear a case this Term that could have lasting implications for how technology…more

Big Data, Data Localization Law, Department of Justice (DOJ), Electronically Stored Information, Microsoft

See all updates »

Dina Roumiantseva

#Trademarks?: Hashtags as Trademarks Revisited

Since our previous article on the emerging issue of trademark rights in hashtags, the use of hashtags in social media marketing has continued to grow. Described as the “ignition keys to a social media keyword search,” hashtags…more

Advertising, Corporate Counsel, Hashtags, International Trademark Protection, Marketing

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Aaron Rubin

Social Links: Deepfakes, AI, And The Continuing Saga Of Reddit

Lingo Telecom, a Georgia-based VoIP service operator, has agreed to pay a $1 million fine for using AI-generated deepfake technology to spoof President Joe Biden’s voice in a series of robocalls. A Louisiana political consultant…more

Artificial Intelligence, California, Copyright Infringement, Deep Fake, Google

See all updates »

Cara Ann Marr Rydbeck

Socially Aware - Volume 6, Issue 3 - July/August 2015

Welcome to the newest issue of Socially Aware, our Burton Award winning guide to the law and business of social media. In this edition, we present a “grand unifying theory” of today’s leading technologies and the legal…more

Advertising, Consumer Bankruptcy, Copyright Infringement, Creditors, Data Collection

See all updates »

Mercedes Samavi

Socially Aware: The Social Media Law Update Volume 7, Issue 4

Mixed Messages: Courts Grapple With Emoticons and Emoji - Emoticon and emoji are ubiquitous in online and mobile communications; according to one study, 74 percent of Americans use emoticons, emoji and similar images on a…more

Ad-Blockers, Copyright, Emoji, Facebook, Federal Trade Commission (FTC)

See all updates »

Grant Schrader

Socially Aware: The Social Media Law Update Volume 7, Issue 6

Commercializing user-Generated Content: Five risk reduction strategies - We’re in the midst of a seismic shift in how companies interact with user-generated content (UGC). For years, companies were happy simply to host…more

App Developers, Clickwrap Agreements, Disclosure Requirements, Ransomware, Safe Harbors

See all updates »

William Schuerman

E-tailers Rejoice as Decisions Limit Plaintiffs’ Lawyers’ Ability to Sue in Federal Court for Alleged Violations of New Jersey’s Controversial Consumer Protection Law

Online retailers are breathing a little easier since a New Jersey federal court handed down two decisions making it more difficult for plaintiffs to prevail against such retailers in federal court under New Jersey’s…more

Class Action, E-Commerce, Truth in Consumer Contracts Laws

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James Schwartz

Five Things to Know About Smart Contracts

Computer scientist and legal scholar Nick Szabo first proposed the idea of “smart contracts” in 1996. Szabo published his initial paper on the topic in a publication called Extropy, a journal of transhumanism, a movement seeking…more

Blockchain, Smart Contracts

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Andrew Serwin

Preparing for a Data Security Breach: Ten Important Steps to Take

Is your company prepared to respond to a data security breach? For many companies, even reading this question causes some anxiety. However, being prepared for what seems like the inevitable—a security breach—can be the…more

Cyber Attacks, Cybersecurity, Data Breach, Data Protection, Data Security

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Stephanie Lynn Sharron

Socially Aware: The Social Media Law Update Volume 7, Issue 3

How To Protect Your Company’s Social Media Currency - Today’s companies compete not only for dollars but also for likes, followers, views, tweets, comments and shares. “Social currency,” as some researchers call it, is…more

Clickwrap Agreements, Data Security, Digital Single Market, EU, EU-US Privacy Shield

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Irwin M. Slomka

E-Commerce Providers Take Note: New York’s Highest Court Upholds “Amazon” Sales Tax Statute

On March 28, 2013, the Court of Appeals, New York’s highest court, issued a decision in Overstock.com, Inc. & Amazon.com, LLC, et al., holding that New York’s “click-through nexus” statute does not violate the Commerce Clause or…more

Amazon, Click-Through Nexus, Commerce Clause, Due Process, E-Commerce

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Lily Smith

Stretching The Bounds Of Personal Jurisdiction, 4th Circuit Finds Geotargeted Advertising May Subject Foreign Website Owner To Personal Jurisdiction In The U.S

Foreign websites that use geotargeted advertising may be subject to personal jurisdiction in the United States, even if they have no physical presence in the United States and do not specifically target their services to the…more

Advertising, Constitutional Challenges, Copyright Infringement, Corporate Counsel, DMCA

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Joshua Stein

Socially Aware: The Social Media Law Update Volume 7, Issue 6

Commercializing user-Generated Content: Five risk reduction strategies - We’re in the midst of a seismic shift in how companies interact with user-generated content (UGC). For years, companies were happy simply to host…more

App Developers, Clickwrap Agreements, Disclosure Requirements, Ransomware, Safe Harbors

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Scott Stevenson

Socially Aware - Volume 6, Issue 1 - January/February 2015

In This Issue: - Good Rep: Social Media Assets in M&A Transactions - Narrow Vision: Did Anti-Glass Hysteria Contribute to the Demise of Google Glass? - Forced to Cyber-Spy: Court Rules Parents Can Be Held…more

Business Assets, Cloud Computing, Contract Negotiations, Facebook, Federal Trade Commission (FTC)

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Kelsey Stricker

Sneaky Website User Bound by Online Terms of Use Provision Despite Renewing Subscription in Spouse’s Name

On July 19, 2018, in May, et al. v. Expedia Inc., U.S. Magistrate Judge Mark Lane issued a Report and Recommendation recommending that U.S. District Judge Robert Pitman for the Western District of Texas grant a motion to compel…more

Arbitration, Mandatory Arbitration Clauses, Online Contracts, Putative Class Actions, Subscription Services

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Leanne Ta

The Decline and Fall of Section 230?

2016 has been a tough year for a lot of reasons, most of which are outside the scope of this blog (though if you’d like to hear our thoughts about Bowie, Prince or Leonard Cohen, feel free to drop us a line). But one possible…more

Communications Decency Act, Internet, Safe Harbors, Section 230, Social Media

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Hwote Taye

The Coming Border Wars: U.S. Court Decision Refusing to Enforce Canadian Court Order Highlights the Growing Balkanization of the Internet

Does a search engine operator have to delist websites hosting, without authorization, your trade secret materials or other intellectual property? The answer may depend on where you sue—just ask Google. The U.S. District Court…more

Appeals, Canada, Communications Decency Act, Conflicts of Laws, Cross-Border Transactions

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Jennifer Lee Taylor

Protecting Your Trademarks as ICANN Launches New Generic Top-Level Domains

Last year, the Internet Corporation for Assigned Names and Numbers (ICANN) received over 1,900 applications for new generic top-level domains (gTLDs), including multiple applications for popular domains like .app, .inc, .art,…more

Cybersquatting, Domain Names, gTLD, ICANN, Trademark Clearinghouse

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Nathan Taylor

N.Y.’s New Cybersecurity Regulations: What Financial Services Companies Need to Know

With corporate data security breaches on the rise, the New York State Department of Financial Services (NYDFS) has adopted rules requiring financial institutions to take certain measures to safeguard their data and inform state…more

Audits, Compliance Dates, Covered Entities, Cyber Attacks, Cybersecurity

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Jill Meltem Tellioglu

Sweating The Details: Court Analyzes User Interface To Uphold Online Arbitration Clause

Online service providers typically seek to mitigate risk by including arbitration clauses in their user agreements. In order for such agreements to be effective, however, they must be implemented properly. Babcock vs. Neutron…more

Acceptable Use Policy, Arbitration, Corporate Counsel, Litigation Strategies, Online Contracts

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Ronan Tigner

Socially Aware: The Social Media Law Update Volume 8, Issue 2

Welcome to the newest edition of Socially Aware, our Burton Awardwinning guide to the law and business of social media. In this edition, we explore the threat to U.S. jobs posed by rapid advances in emerging technologies; we…more

Communications Decency Act, Copyright, Cross-Device, DMCA, Federal Trade Commission (FTC)

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Nikita Tuckett

Socially Aware: The Social Media Law Update Volume 7, Issue 6

Commercializing user-Generated Content: Five risk reduction strategies - We’re in the midst of a seismic shift in how companies interact with user-generated content (UGC). For years, companies were happy simply to host…more

App Developers, Clickwrap Agreements, Disclosure Requirements, Ransomware, Safe Harbors

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Alex van der Wolk

Socially Aware: The Social Media Law Update Volume 8, Issue 2

Welcome to the newest edition of Socially Aware, our Burton Awardwinning guide to the law and business of social media. In this edition, we explore the threat to U.S. jobs posed by rapid advances in emerging technologies; we…more

Communications Decency Act, Copyright, Cross-Device, DMCA, Federal Trade Commission (FTC)

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Claudia Vetesi

App Developer Prevails in Class Action Lawsuit Challenging Shift to New Business Model

If you make available a service through a free app, and you subsequently decide to migrate users of that app to a paid subscription model, that shouldn’t create any problems, right?…more

App Developers, Business Model, Class Action, Corporate Counsel, False Advertising

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Christoph Wagner

German Federal Court: Unfair Competition Law No Basis to Ban Ad Blocking and Whitelisting

Holding that offering software that allows users to block advertising does not qualify as an unfair commercial practice even if the software gives advertisers the option to pay for showing certain ads—a practice known as…more

Ad-Blockers, Advertising, Germany, Online Advertisements, Unfair Competition

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Qing Wang

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

ABC v Aereo, Accessibility Rules, Computer Fraud and Abuse Act (CFAA), DMCA, EU

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Michael Wawszczak

Socially Aware - Volume 6, Issue 3 - July/August 2015

Welcome to the newest issue of Socially Aware, our Burton Award winning guide to the law and business of social media. In this edition, we present a “grand unifying theory” of today’s leading technologies and the legal…more

Advertising, Consumer Bankruptcy, Copyright Infringement, Creditors, Data Collection

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Sarah Wells

Socially Aware: The Social Media Law Update Volume 7, Issue 2

Welcome to the newest issue of Socially Aware, our Burton Award winning guide to the law and business of social media. In this edition, we offer tips for a successful—and legal—advertising campaign; we examine a New York State…more

Advertising, B2C, Big Data, Digital Goods, Discovery

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Heather Whitney

Part 2(B) – Section 230: 27 Years Old And Still In The Spotlight

In this second installment of our six-part series examining Section 230, the section of the 1996 Communications Decency Act (CDA) that immunizes online service providers from liability stemming from the publication and filtering…more

Communications Decency Act, Defamation, Distributors, Immunity, Online Platforms

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Miriam Wugmeister

Preparing for a Data Security Breach: Ten Important Steps to Take

Is your company prepared to respond to a data security breach? For many companies, even reading this question causes some anxiety. However, being prepared for what seems like the inevitable—a security breach—can be the…more

Cyber Attacks, Cybersecurity, Data Breach, Data Protection, Data Security

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Daniel Zlatnik

Socially Aware: The Social Media Law Update Volume 7, Issue 1

Three Steps To Help Ensure The Enforceability Of Your Website’s Terms Of Use - Operators of social media platforms and other websites typically manage their risks by imposing terms of use or terms of service for the…more

Barnes and Noble, Corporate Counsel, Enforceability, Facebook, Federal Trade Commission (FTC)

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Rose Zukin Pierson

SEC Staff Issues Guidance On Technology, Data & IP Risks In International Operations

On December 19, 2019, the Staff of the U.S. Securities and Exchange Commission’s Division of Corporation Finance issued guidance outlining the Staff’s views about disclosure obligations that companies should consider with…more

Corp Fin, Cybersecurity, Intellectual Property Protection, Securities and Exchange Commission (SEC)

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