Morrison & Foerster LLP - Social Media

Status Updates: Facebook Posts—Reliable Evidence?; Quora Post Costs Applicant a Job; a New Ephemeral Messaging App

Facebook: Fact or fiction? These days, courts are more and more frequently faced with disputes over whether, as part of the discovery process, a litigant should be entitled to view the opposing party’s social media posts. As…more
| Civil Procedure, Communications & Media Law, Electronic Discovery, Labor & Employment Law, Science, Computers, & Technology

Effort to Hide Facebook Evidence by Deactivating Account Ends Badly for Louisiana Man

As social media has become ubiquitous, courts are wrestling with more discovery disputes involving social media accounts. In a recent case, Crowe v. Marquette Transportation Co. Gulf-Inland, LLC, the plaintiff deactivated…more
| Civil Procedure, Electronic Discovery, Law Practice Products & Services, Transportation

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
| Antitrust & Trade Regulation, Civil Procedure, Communications & Media Law, Intellectual Property, Wills, Trusts, & Estate Planning

#Trademarks?: Hashtags as Trademarks

Hashtags have become ubiquitous in social media, but their status as intellectual property—particularly as trademarks—is still developing. First adopted by Twitter users to link user posts, hashtags are character strings…more
| Civil Procedure, Communications & Media Law, Consumer Protection, Intellectual Property

Are You Socially Aware? Take Our Millennial Influencers Quiz

OK, Socially Aware readers, we’ve got a pop-culture quiz for you today. How many of the following names are familiar to you?…more
| Communications & Media Law

Rolling With the Punches: The Fight Over Livestreaming

Boxing fans eagerly awaited the May 2, 2015, championship match between boxers Floyd Mayweather, Jr. and Manny Pacquiao. But the fight also drew the interest of those following online video apps Meerkat and Periscope. Launched…more
| Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Intellectual Property

Social Media Assets in Bankruptcy: Facebook and Twitter Accounts Subject to Reach of Creditors

Social media accounts can be “property of the estate” in a bankruptcy case of a business, and thus belong to the business, even when the contents of the accounts are intermingled with personal content of managers and owners…more
| Bankruptcy, Civil Procedure, Commercial Law & Contracts, Communications & Media Law, Finance & Banking

Status Updates - May 2015

Social discovery. Are the photos and status updates that you post to your social media accounts discoverable regardless of the privacy settings you choose? If they contain information that is especially relevant to the case,…more
| Civil Procedure, Communications & Media Law, Privacy

Court Protects Anonymity of Yelp Users

Virginia’s highest court recently held that Yelp could not be forced to turn over the identities of anonymous online reviewers that a Virginia carpet-cleaning owner claimed tarnished his business…more
| Civil Procedure, Communications & Media Law, Constitutional Law, Personal Injury

Status Updates - April 2015 #5

Photo negative. Daniel Morel, the photojournalist who was awarded $1.2 million in damages from news agencies that distributed his iconic Haiti earthquake pictures without his permission after he posted those pictures on Twitter,…more
| Art, Entertainment, & Sports Law, Civil Remedies, Communications & Media Law, Intellectual Property

Status Updates - April 2015 #4

Home(page) renovation. In an effort to encourage return visits from the 150 million Internet users who visit Twitter every month without signing in, the social media giant has revamped its home page. Now, instead of just “a…more
| Communications & Media Law

Status Updates - April 2015 #3

Searching social. At long last, tweets will appear in Google search results as soon as they’re sent, as the result of a deal that the two Internet giants recently struck. As part of its efforts to increase user growth and…more
| Communications & Media Law

Status Updates - April 2015 #2

Bad ads. New research shows that 5% of the people visiting Google-related websites are using computers infected with programs that insert illegitimate ads onto web pages; as a result, these web surfers see ads that site…more
| Communications & Media Law, Finance & Banking, Science, Computers, & Technology

Status Updates - April 2015

Dueling for ad dollars. U.S. companies will spend $52.8 billion on digital advertising this year, 2.5% more than they spent on it in 2014. And, while television advertising is still king—corporate marketers will invest almost…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Criminal Law

Status Updates - March 2015 #2

Out with the inbox? The overwhelming popularity of workplace-specific platforms that facilitate coworker communication—commonly referred to as “enterprise social media”—is undeniable. But are these platforms poised to someday…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Labor & Employment Law, Finance & Banking, International Law & Trade
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