Pillsbury’s Social Media & Games Law Blog

Are Your Social Media Fans Cybersecurity Savvy?

Today’s online world is all about engaging and staying connected with others via social media. For businesses, establishing a presence on various social media platforms is an enticing way to connect with current customers as…more
| Communications & Media Law, Privacy, Science, Computers, & Technology

Murky Media: How Companies and Celebrities May Fall Short of the FTC’s “Clear and Conspicuous” Standard

Social media has become a must-have medium for most companies and celebrities. The medium provides an easy, inexpensive and instantaneous connection to customers and fans. However, as social media marketing continues to expand…more
| Antitrust & Trade Regulation, Art, Entertainment, & Sports Law, Communications & Media Law

Should Social Media Have a Role in Mergers and Acquisitions?

Social media is quickly becoming the way that companies present and market themselves to the world. Companies are also realizing the value social media provides in an easy conduit to communicate with customers. But the same…more
| Business Organizations, Mergers & Acquisitions, Securities Law

Beacons, Basketball and the App that Hears Too Much

What are the privacy limits when users give permission for an app to access their smartphone’s microphone? A purported class action filed last week by LaTisha Satchell (a New York resident) against the Golden State Warriors (the…more
| Communications & Media Law, Privacy, Science, Computers, & Technology

How Older Cybersecurity Lapses Can Give Birth to Future Data Breaches

Since my last post on the subject (“LinkedIn Grapples with the Ripples of a 2012 Data Breach”), there have been several developments related to LinkedIn’s 2012 data breach. First, in May, LinkedIn announced it has finished the…more
| Privacy, Science, Computers, & Technology

News of Note for the Internet-Minded – Pokémon Go Edition

Even as the initial furor surrounding the release of developer Niantic’s Pokémon-themed ap has subsided, the issues raised by the mass embrace of the augmented reality-flavored game continue to merit attention from lawmakers,…more
| Art, Entertainment, & Sports Law

Pokémon Go and the Evolving Arena of Clickwrap Enforcement Against Children

According to the official Pokémon website, “kids all over the world have been discovering the enchanting world of Pokémon [for over 15 years].” Not surprisingly, many of us who used to be kids in the 15+ years are playing…more
| Commercial Law & Contracts

Algorithms and the Perception of Bias

On Saturday, July 23, Facebook acknowledged its anti-spam systems had briefly and accidentally blocked links to WikiLeaks files containing internal Democratic National Committee (DNC) emails. WikiLeaks had released 19,000 leaked…more
| Communications & Media Law

Pokémon Go Ushers in a New, Augmented World of Legal Liability Concerns

We predicted last year that 2016 would be the year of Pokémon. This prophecy came true last week within just two days of the Pokémon Go launch. The location-based augmented reality mobile game/app quickly surpassed Tinder in…more
| Art, Entertainment, & Sports Law, Commercial Law & Contracts, Science, Computers, & Technology

Warner Bros.’s “Paid to Play” Disclosures Draw FTC Action

Earlier this year, the Federal Trade Commission (FTC) went after Warner Bros. Home Entertainment Inc. for not clearly representing that several digital influencers were paid as part of a marketing campaign for the video game…more
| Antitrust & Trade Regulation

News of Note for the Internet-Minded

Snapchat announces a seismic shift, Microsoft looks to DNA for your long-term storage needs, and authorities try to get out ahead of some of the predictable consequences of Pokémon GO’s arrival. (Please look where you’re walking…more
| Communications & Media Law, Science, Computers, & Technology

A Little “Mayhem” Reveals Limits to Immunity Provision of Communications Decency Act

As a general rule, a website is not held liable for the content its users post on its platform. The Communications Decency Act (CDA) immunizes websites from lawsuits by not treating the website as the publisher or speaker of…more
| Communications & Media Law

News of Note for the Internet-Minded

To the surprise of no one, Instagram is pretty popular; Samsung puts a billion dollars into the Internet of Things; the FCC’s trying to decide if radio noise is a problem; and there’s an approach to virtual reality that won’t…more
| Communications & Media Law, Science, Computers, & Technology

Six Ways Site Design Can Potentially Render TOS Agreements Unenforceable

Our recent posts on successful legal challenges to the arbitration clauses in browsewrap and clickwrap agreements have a theme in common—even the most thorough and well-worded agreement can be rendered unenforceable by website…more
| Commercial Law & Contracts, Science, Computers, & Technology

Clickwrap Kryptonite: Don’t Let Site Design Undermine Your TOS

We previously covered the developing legal issues with browsewrap agreements and the importance of reviewing and updating any such agreement to ensure users are bound to the terms. In a browsewrap agreement, the user’s assent to…more
| Business Organizations, Communications & Media Law
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