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Morrison Foerster - Social Media

The Second Circuit’s Aereo Math: One Copy + One Subscriber ≠ Public...

Last week­—the week of May 12, 2013­—proved to be an eventful week for Aereo. On May 14, 2013, the controversial broadcast television streaming service filed a motion for summary judgment in the Southern District of New…more

| Art, Entertainment, & Sports Law, Civil Procedure, Civil Remedies,...

Administering Arbitration Clauses in Online Terms of Service Agreements

Morrison & Foerster’s Sherman Kahn Interviews American Arbitration Association Vice President, Sandra Partridge. Many companies are providing for arbitration of disputes in their terms of service agreements governing use…more

| Alternative Dispute Resolution (ADR), Commercial Law & Contracts

Federal Court Says No to “Used” Digital Music Marketplace

Digital music has come a long way since the era of widespread unauthorized sharing, with digital music sales estimated to be approaching $6 billion worldwide. As this market grows, a natural question is whether there can be a…more

| Art, Entertainment, & Sports Law, Civil Procedure, Commercial Law &...

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

| Civil Procedure, Communications & Media Law, Personal Injury

European Privacy Regulator Issues Important Opinion on the Use of Apps

On February 27, 2013, the European Article 29 Working Party (a group comprising representatives from all of the data protection authorities of the EU Member States, referred to in this articles as “WP29”) issued an Opinion on…more

| Communications & Media Law, Consumer Protection, Privacy, International...

Federal Court in Manhattan “Likes” Service of Process via Facebook

On March 7, 2013, a federal court in Manhattan ruled, in Federal Trade Commission v. PCCare247 Inc., that service via Facebook is an acceptable alternative means of serving court documents on foreign defendants. Although this is…more

| Antitrust & Trade Regulation, Civil Procedure, Communications & Media...

SEC Offers Guidance on Use of Social Media for Public Disclosure

On April 2, 2013, the U.S. Securities and Exchange Commission (SEC) issued guidance in the form of the Report of Investigation under Section 21(a) of the Securities Exchange Act of 1934 which indicates that social media…more

| Communications & Media Law, Finance & Banking, Securities Law

More Trouble With Work-Related Social Media Accounts

We have written before about cases involving disputes between employers and employees over work-related social media accounts, but a new case out of Arizona federal court raises issues that appear to be unlike those we have…more

| Civil Procedure, Communications & Media Law, Labor & Employment Law,...

German Court Says Facebook Not Subject to German Law

Facebook may be gaining ground in its struggle against German authorities. In a preliminary ruling, the state of Schleswig-Holstein’s Administrative Court has rejected penalties against Facebook Inc. and Facebook Ireland,…more

| Communications & Media Law, Privacy, Science, Computers, & Technology

Decades-Old Japanese Electioneering Law May Get a Web 2.0 Refresh

Here at Socially Aware, we report regularly on the difficulties inherent in applying long-established laws to new technologies like social media. An interesting example of this is unfolding in Japan: it concerns a decades-old…more

| Communications & Media Law, Elections & Politics, International Law &...

Socially Aware: The Social Media Law Update -- Volume 4, Issue 1 --...

In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we explore the challenges that arise when employers and employees battle over work-related social media accounts; we…more

| Communications & Media Law, Intellectual Property, Labor & Employment...

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