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News & Analysis as of

Lawyers Need to Drop the Hard Sell

“Sales” is a dirty word at some law firms — one that brings to mind “Glengarry Glenn Ross” or a fast-talking used car dealer. But in an increasingly competitive marketplace, where firms fight one another to land work,...more

Mattocks v. Black Entertainment Television LLC

Mattocks v. Black Entertainment Television LLC - USDC, S.D. Florida, August 20, 2014 - District court grants defendant BET summary judgment in suit brought by creator of Facebook Fan Page that promoted BET...more

Discovery of Social Media Data

The digital revolution has caused tremendous growth in the volume of documents stored and collected electronically. It has also caused the creation of new sources of digital data, one of the most significant of which is...more

Status Updates - August 2014 #11

Breaking the ice. No one expected that people dumping buckets of ice water over their heads for charity would become the viral phenomenon that it has. One key technical secret to the success of the “ice bucket challenge” may...more

My “Momma Bear” Is Coming Out: Cyber Bullies Prove Social Media Training Needs An Anti-Harassment Element

More than 50% of teens have experienced cyber bullying. Parents have historically looked to their children’s schools and local government to address the issue, but what about the social media sites which contribute to the...more

Status Updates - August 2014 #9

..Beyond wearables. Wearable Internet devices like Google Glass have made an impact. Could “nearables” be the next new thing? That’s the name that some people are giving to sensors or “beacons” attached to ordinary objects or...more

FCA warns firms on use of social media to promote financial products

The UK financial services regulator, the Financial Conduct Authority (FCA), has launched a guidance consultation in order to clarify and confirm its approach to the supervision of financial promotions in social media,...more

Social Media Policy: It’s Only As Effective as the Social Media Training That Goes With It

With the rise of the internet and mobile technology, people are broadcasting their opinions and beliefs on social media sites. Twitter was established as an outlet for self expression… of the fewer-than-...more

Status Updates - July 2014 #14

..Going mainstream. For the first time, both Twitter and Facebook are seeing significant growth in online advertising placed by major companies for brands such as Heineken, Tide, McDonald’s, and Charmin. Major consumer...more

Status Updates - July 2014 #13

Going viral: Silencing its critics, Twitter posted strong second quarter results, adding 16 million new monthly active users and boosting its user base by 24 percent from this time last year....more

Social Media Freedom of Expression Cases Pit the Public Against Public Officials

In perhaps the next battleground for government and education, citizens who comment on social media sites are facing off with local government officials public and school administrators who find their online expression...more

Status Updates - July 2014 #12

..Your tax dollars at work: Wikipedia placed a 10-day ban on changes to the collaborative encyclopedia from a certain IP address inside the U.S. Capitol after discovering that bizarre and embarrassing edits were being made...more

Recent FDA Draft Guidance Addresses Social Media Challenges Faced by Drug and Device Companies

The first draft guidance discusses how drug and medical device companies may promote their products using character space limited social media (e.g., Twitter) and Internet advertisements (e.g., Google search engine...more

FDA Draft Guidance Aims to Clarify Appropriate Character-Space-Limited Social Media Use by Drug and Device Firms: Part One of Two

As technology continues to evolve, so do the ways in which patients and healthcare providers obtain information pertaining to medical products regulated by the Food and Drug Administration (FDA). Thomas Abrams, Director of...more

Status Updates - July 2014 #9

..According to a current study by Bank of America, Americans are very closely attached to their smartphones. Of those surveyed, 85 percent said they check their phone at least a few times a day and 35 percent say they check...more

Status Updates - July 2014 #8

..The average millennial checks his or her smartphone 45 times a day and learns about news online primarily through Facebook and Twitter, according to a new survey. Search engines and email, the “more traditional” venues,...more

TCPA Connect - July 2014

TCPA Suit Claims Obligation To Check Recycled Numbers - The latest company to fall prey to a Telephone Consumer Protection Act (TCPA) class action?: Twitter, facing a California suit from a plaintiff who claims...more

Week in Review

Some high profile companies, including two technology giants, made headlines this week after former employees filed lawsuits against them alleging discrimination and harassment. The case against Yahoo is likely to be...more

Compliance in 140 Characters or Less: FFIEC Supervisory Guidance on Financial Institutions’ Use of Social Media

Of critical importance for any financial institution using Twitter or other social media for business marketing and promoting purposes, the Federal Financial Institutions Examination Council (FFIEC) has issued final...more

Think Before You Tweet

In November, 2013, a 20 year old woman, Kayla Mendoza, allegedly drove between 84 and 96 miles per hour the wrong way down a Florida highway. Her car allegedly collided with the car of Kaitlyn Ferrante and Marisa Catronio,...more

Status Updates - July 2014 #2

..The New York Court of Appeals has struck down that state’s “cyberbullying” law in a 5-2 decision, finding that it is overly broad and chills First Amendment-protected speech. The case arose when a 15-year-old boy pleaded...more

Status Updates - July 2014

..Twitter is rolling out a new type of advertising that reportedly has been very successful for Facebook’s mobile business — mobile-app install ads, which link directly to games and other apps in popular mobile app stores...more

Twitter Sued in TCPA Class Action for Messaging Recycled Wireless Numbers

Not long after filing a spirited amicus brief criticizing “opportunistic plaintiffs’ lawyers” for using the TCPA as an “extortionist club” against companies offering automatic text-enabled services, Twitter has been sued in a...more

Fighting Crime in the 21st Century — on Facebook

With the advent of social media sites like Facebook, Twitter and MySpace, police have a new tool at their disposal to fight crime. Oftentimes, unsavvy criminals expose their guilt with a tweet or a status update. However,...more

FDA Issues Draft Guidance on Promotion on Internet and Social Media Platforms

On June 17, 2014, the FDA issued long-awaited draft guidance documents addressing two challenges related to use of social media to communicate about FDA regulated products: dissemination of information in character-limited...more

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