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Facial Recognition and Privacy

Based upon the way modern computers are designed, there are certain tasks they are much better at performing than humans. It wouldn’t be pedantic to point the fact that’s the purpose of a computer in the first place: to do...more

Privacy & Cybersecurity Newsletter: International Edition July 2015

Retail Tracking Update: Privacy Guidance Following Nomi Technologies - There is currently a widespread effort to quantify everything, from steps, to sleep, to batted ball exit velocity. Fifteen years ago, TV host Jeremy...more

Bernstein Shur Business and Commercial Litigation Newsletter #53

We are pleased to present the 53rd edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent cases regarding compelled turnover of Facebook data, a revived securities class...more

NLRB Protects a New Kind of Employee Activity: Worrying About Your Job

The National Labor Relations Board (“NLRB”) has been on a roll in recent years, protecting such employee activity as complaining on Facebook or even hitting the “Like” button. In the case of Sabo, Inc.¸ the NLRB recently...more

Second Circuit: Facebook Shareholders Lack Standing for Derivative Suits Challenging Pre-IPO Statements

Earlier this week, a U.S. Court of Appeals for the Second Circuit opinion reinforced that federal courts take standing in derivative actions quite seriously, particular when the alleged director misconduct predated the IPO....more

The Facebook Warrant Decision

Last week a New York state appeals court recognized that “Facebook users share more intimate personal information through their Facebook accounts than may be revealed through rummaging about one’s home.” Nonetheless, the...more

Facebook Wins First Round of European Class Action Privacy Battle

Facebook has won its latest class action case in a long-running legal battle involving 25,000 European Facebook users. The class action was led by Austrian law student and privacy campaigner Max Schrems, and alleged that...more

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

Oh, the Humanity. Why Real, Live Editors are Making a Comeback

I’m not sure where they—or we, I suppose—went off to, but the consensus seems to be that, as Julia Greenberg wrote in Wired, “humans are making a comeback.” The headline on that article, “LinkedIn Brings Back Human...more

Lawyers, Are You Paying Attention To Video?

Just when you thought it was going to fade into the sunset (okay, who really thought that?), video as a communication tool is continuing to come on strong as a viable, valuable marketing tool for lawyers, legal marketers and...more

Be Careful whom you friend on Facebook. When things go south, your next message may have a summons and complaint attached.

The few decisions addressing the propriety of service via social media reportedly are split on the issue. In a situation that is likely to become more common, a New York County Supreme Court Judge, Matthew Cooper, ruled...more

Manatt Digital Media - July 2015

In this edition, we reflect upon the key digital media events of the first half of 2015 and present the major deals, developments and trends across video, music, gaming and virtual reality....more

Appointing Legacy Contacts for Facebook

Earlier this year (Feb. 2015), Facebook announced a new feature that allows Facebook users to designate a legacy contact to manage their Facebook account when they pass away. According to facebook.com, a legacy contact is,...more

Debtor’s Founder Ordered to Turn Over Social Media Accounts to Reorganized Company

A recent bankruptcy court decision highlights the importance of Facebook pages, Twitter accounts, and similar social media assets in today’s business marketplace. It’s not always clear how these might be best protected, but...more

California Employment Law Notes - July 2015

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

Energy & Environment Update - July 2015 #2

In This Issue: - Energy and Climate - Congress - Administration - Department of Commerce - Department of Energy - Department of Treasury - Environmental Protection Agency -...more

Why Social Media Matters

Not many born before 1990 would argue with the assertion that, in our lifetime, the Internet has changed just about everything. Here are a few examples: Postal mail (“snail mail”) is well on the way to obsolescence. The...more

SCOTUS Decision in Spokeo Could Have Significant Impact on Data Breach Litigation

Following several significant data breaches in 2014 and 2015, including one reported just last week by the IRS, organizations of all types are on high alert to safeguard against data breaches and to prepare incident response...more

Demanding Access To Social Media And Personal Information - Is It Legal?

Employers, both public and private, are using social media websites such as Facebook, Twitter, Instagram, and LinkedIn, to learn about prospective or current employees. Some employers have even gone so far as to request that...more

Internet Association Asks FCC To Distinguish Internet Platforms From Their Users For TCPA Purposes

In June, the Internet Association (“IA”)—which represents Internet giants such as eBay, Facebook, Google, Amazon, LinkedIn and Twitter, among others—suggested that the FCC clarify that Internet companies which “facilitate...more

In the E.U., Where to Bring Suit When the Subject is Data and the Defendant is a U.S. Company? Hint: It’s About More Than Just...

When are U.S. social media companies subject to European data privacy laws? As we reported in 2013, the answer is often contingent on geographic location – where the relevant data is processed. In 2013, for example, a German...more

This Week In Employment Law, With A Lick And A Promise

It’s been a hectic week for me (I have a trial coming up), and so here are some links to employment law blog posts and workplace news items that I hope will entertain and edify....more

Going to California: Court of Appeal Rules Forum Selection Clause Overrides Certification of B.C. Privacy Act Claims

The British Columbia Court of Appeal recently overturned the certification of a class action against Facebook Inc. in relation to alleged breaches of B.C.’s Privacy Act, involving unauthorized commercial use of users’ names...more

Status Updates: Driving while social; a small country’s Facebook ban; and Pinterest’s new purchasing feature

Driven to distraction. A frightening number of people are interacting with social media when they should be watching the road. As part of a public service campaign to stop distracted driving, the phone company AT&T recently...more

Toward a Grand Unifying Theory of Today’s Tech Trends

As a technology law blogger and co-editor of Socially Aware, I monitor emerging developments in information technology. What’s hot in IT today? Any shortlist would have to include social media, mobile, wearable technology,...more

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