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Cross-Device Tracking: The New World

Facebook does it. Google does it. It’s everywhere in the mobile ad ecosystem. And your smartphone does it often than you know, according to a study released on Monday by Carnegie Mellon....more

Certification of Minor Class Could Have Major Impact on Facebook

Plaintiffs, two minors who used their parents’ money to make purchases on Facebook without parental consent, brought a putative class action against the company, alleging its policy of representing purchases as non-refundable...more

UK’s Financial Services Regulator: No Hashtags in Financial Promotions

Earlier this month the UK’s financial services regulator, the Financial Conduct Authority (FCA), issued its final guidance on financial promotions made via social media channels. As we reported last year, the FCA...more

EUROPE: EU-US data flows at risk? European Court of Justice today heard Facebook case.

Yesterday, the Schrems v. Irish Data Protection Commission case was brought before the Court of Justice of the European Union (‘CJEU’) for an oral hearing, following referral by the Irish High Court. While the final ruling by...more

Crying Over (Virtual) Spilled Milk: ACLU Sues School District For Firing Employee Who Posted Vegan Beliefs Online

A recent lawsuit out of Ohio brings a local flare to what has otherwise become a relatively common story. We’ve all heard of teachers being disciplined or dismissed for posting something thoughtless online that led to...more

Facebook Revamps Community Guidelines By Cracking Down on Hate Speech, Graphic Violence and Nudity

Sensitive to the expanding diversity of the online community, the world’s largest social network has taken a step to curb highly contentious postings....more

French courts are competent to judge over a French Facebook user's complaint

It is foreseeable that not many of Facebook’s millions of users every day have ever had a look at the social network’s Terms & Conditions....more

Status Updates - March 2015

Forced friendship. A committee of the Arkansas Senate is expected to vote this week on a bill that would allow companies and other organizations responsible for supervising minors to require their employees to include a...more

Who Will Update My Status When I’m Dead?: The Biggest Social Media Platforms’ Policies on Deceased-User Accounts

It’s often said that, when it comes to regulating technology, U.S. laws aren’t up to speed. That includes U.S. trusts and estates laws, which, in many cases, do not say much about what happens to your digital assets after you...more

Privacy Settings Won’t Keep Social Media Posts Out Of Court

On Jan. 7, 2015, in Nucci v. Target Corp., et al, the District Court of Appeal of the State of Florida, Fourth District, upheld a lower court’s order compelling plaintiff Maria Nucci to produce photographs originally posted...more

Court Denies Summary Judgment to Employer on Professor’s Allegations He Was Denied Tenure After Reporting Inappropriate Facebook...

A federal court in Oklahoma recently denied summary judgment to Northeastern State University, finding that a professor’s discrimination and retaliation claims, among others, could proceed to trial. The professor, Dr. Leslie...more

Can You Be “Served” or “Notified” Electronically?

Two recent cases produced what appear to be different answers to the question posed above. In the first case, a U.S. District Court in Gardner v. Detroit Entertainment, (Case No. 12-14870, October 15, 2014, USDC, E. Mich.)...more

Summary Judgment Denied On “Fair Use” Defense In 9/11 Photograph Case

On February 10, 2015, the Southern District of New York denied Fox News’ motion for summary judgment in a copyright lawsuit involving the posting of a copyrighted image on its Facebook page. North Jersey Media Group, Inc. v....more

The Most Important Issue Involving Superfish Isn’t Superfish

Many of the media reports around the recent Superfish debacle completely miss the main issue. First, though, let's recap what's been alleged about Superfish and similar types of pre-installed software. The allegation...more

Busting the top privacy myths

Those who think that privacy is dead these days might want to drop by the Walter Washington Convention Center in early March, for the International Association of Privacy Professionals’ Global Privacy Summit in Washington,...more

Employer beware: NLRA rulings often conflict with existing employer policies

One of the biggest misconceptions employers have is that the National Labor Relations Act (NLRA) only applies to unionized employers. As a result, employers may hear of an adverse ruling from the National Labor Relations...more

Belgium getting tough on Facebook?

Today a delegation of Facebook is meeting with the Belgian ‘Secretary of State’ responsible for Privacy, Bart Tommelein. The subject of conversation are Facebook’s new terms of service and data policy, which are claimed to be...more

Facebook Takes a Step Forward for Digital Afterlife

Late last week Facebook released several new features that will aid in the management of a user’s account after the user’s death. While there has been little notification of these features on Facebook itself, the new features...more

Manatt Digital Media - February 2015

January 2015’s strategic movement in the digital media business already seems like a full year squeezed into one month. In this edition of our MDM newsletter, we walk you through some of those major developments that set the...more

Status Updates - February 2015 #3

Social media for minimalists. These days, the information flooding the news feeds on some social media platforms can feel overwhelming and redundant. Take Twitter, for example—a medium whose popularity has resulted in a user...more

Facebook Allows Users to Designate "Legacy Contact"

Access to digital assets following an individual's death continues to be a hot topic, and once again has made the news. This time, Facebook has announced a new feature called a "Legacy Contact." Essentially, this is the...more

The FTC Did Some Kid-ding Around in 2014

2014 was a busy year for the Federal Trade Commission (FTC) with the Children’s Online Privacy Protection Act (COPPA). The FTC announced something new under COPPA nearly every month, including...more

Appointing a Legacy Contact for a Facebook Account After Death

Facebook now allows you to appoint a “legacy contact” for your Facebook account after you die. Previously, after a user died, Facebook would not allow anyone else to access or modify the deceased user’s Facebook account, but...more

Tinder Swipes Left on Gap's New Ad Campaign: A Reminder to Always Check Terms of Service

Tinder, a popular mobile dating app, recently shut down an ad campaign from Gap, stating that the campaign violated the app's terms of service. Gap's failure to comply with Tinder's terms of service is a cautionary tale for...more

Status Updates - February 2015 #2

Social work. Enterprise social media platforms – i.e., Facebook-like platforms used by companies to facilitate communication and collaboration among their employees – are incredibly popular these days; by some estimates, it...more

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