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Well-Drafted Privacy Policy Saves the Day for GameStop

This Tuesday, the Eight Circuit Court of Appeals affirmed a Minnesota federal district court’s dismissal of a website user’s lawsuit and prospective class action involving the privacy policy and information sharing practices...more

Social Links: Twitter offers anti-harassment tools; Pinterest takes on video ads; P&G changes its social strategy

Twitter took steps to remedy its harassment problem. In addition, over the last six months, Twitter suspended 235,000 accounts that promoted terrorism....more

California Passes Digital Assets Law

Following in the footsteps of numerous other states, California became the newest state to pass a digital assets bill, which allows individuals to access social media accounts, music accounts, gaming accounts or other digital...more

Controversial Federal Court Ruling Could Shape Future of Computer Trespass Prosecution

In a controversial decision, the U.S. Court of Appeals for the Ninth Circuit has ruled that it is a federal crime to access a website after being specifically instructed not to by the site’s owner. The court ruled largely in...more

CMS Cracks Down On Social Media Abuse By Nursing Home Staff

On August 5th the Centers for Medicare & Medicaid Services (CMS) issued a memorandum to all state survey agencies requiring that during the next standard survey of a nursing home, whether a Traditional or Quality Indicator...more

Aer Lingus Warns Customers About Social Media Scam

Social media users should beware of online scams purporting to offer free Aer Lingus flights. One scam asks users to fill out a questionnaire for a chance to win Aer Lingus tickets in celebration of Aer Lingus’ 80th...more

The Potentially Dangerous Intersection of Healthcare and Social Media

Lately, there have been numerous reports in the media raising patient privacy concerns due to healthcare providers’ use of social media in the workplace. A few examples include...more

Facebook’s Campus: A Workplace Reality Like Virtually No Other

Could this place be real? Or is it just a Disney World for work? I mean, people don’t actually get work here, do they? Those were my initial thoughts walking through the campus of Facebook on a recent trip. ...more

When Is Using a Computer a Crime? Rehearing Sought on Ninth Circuit’s “Distressingly Unclear” Answer

Facebook recently won a landmark victory in the Ninth Circuit against a company that accessed Facebook’s computers to help users manage their social network accounts. Now the company, Power Ventures, Inc., says that the...more

Social Links: Facebook’s anti-ad-blocking software; LinkedIn’s “scraper” lawsuit; FTC’s upcoming crackdown on social influencers

Facebook introduced technology that disables ad blockers used by people who visit the platform via desktop computers, but Adblock Plus has already foiled the platform’s efforts, at least for now....more

Top Privacy Cases of 2016: Midyear Report

Law360, New York (July 1, 2016, 12:12 PM ET) -- The U.S. Supreme Court made a big splash this year establishing a murky threshold for standing that has already been widely cited by both sides of the bar, while consumers...more

Zero Tolerance #USOC Trademark Overreach

By way of follow-up to Tim’s and David’s recent discussions about Rio2016 and related U.S. Olympic Committee trademark enforcement issues, it appears that a local Minnesota carpet cleaning business called Zerorez, is poised...more

Ninth Circuit Case Demonstrates That the Social Media Platform, Not the User, Is in Control

We have written before about website operators’ use of the federal Computer Fraud and Abuse Act (CFAA) to combat data scraping. We have also noted a number of recent cases in which courts held that social media platforms,...more

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...more

2016 Updates to Ediscovery for Defendants Cheat Sheet

We’ve been remiss in updating our cheat sheet devoted to ediscovery for defendants. Because of the broad nature of the topic – these cases can and do arise in a wide variety of non-drug/device contexts – we have to research...more

Social Links: Twitter’s tough quarter; Yelp warns users about litigious dentist; Pinterest battles Snapchat

Instagram now allows celebrities to block trolls. The rest of us will have to continue trying to ignore Instagram trolls. While Facebook reached new highs last quarter, Twitter continued to stumble. Will adding more live...more

Ninth Circuit Says You’re Going to Jail for Visiting That Website without Permission

Zounds, right? But that is arguably what the U.S. Court of Appeals for the Ninth Circuit said about the Computer Fraud and Abuse Act in Facebook v. Power Ventures, Inc. on July 12th. Let’s get to it....more

Why You Should Care About Federal Computer Privacy

An often-stated truth is that you shouldn’t access the email of others. Here, “others” means the person you have divorced, are now divorcing, or plan to divorce in the not too distant future. No matter how often this is said,...more

Your daily dose of financial news - The Brief – 7.28.16

A pair of whistleblowers is seeking discovery-related sanctions against Wells Fargo for allegedly concealing “crucial evidence” for their False Claims Act claims over fees added to government-backed mortgages....more

Your daily dose of financial news - The Brief – 7.27.16

We heard last week about Unilever’s $1 billion acquisition of start-up Dollar Shave Club. With a few days to reflect, the Deal Professor suggests that this relatively innocuous deal should make “every other company . . . very...more

A Trial Attorney’s “Google” Responsibilities

Facebook, Twitter, LinkedIn and other social media services store the personal and professional information of millions of users. To the enterprising trial attorney, that’s millions of tweets, posts, photos, ‘likes’, pins,...more

Prevailing in an Era of Regulatory Enforcement – Balancing Risk and Compliance [Expect Focus – Vol. II, July 2016]

IN THE SPOTLIGHT - - SEC Sanctions Unregistered EB-5 Investments Broker SECURITIES - - FINRA to Assess Member Firms’ Culture - SEC Seeks Fund Responses to Distribution-In-Guise Guidance...more

The VPPA and PII: Is Geolocation Another Anonymous Identifier?

Video Privacy Protection Act - This article explores how personally identifiable information has been defined in leading Video Privacy Protection Act actions and looks at how concerns over the potential sensitivity of...more

Social Links: Twitter’s troll problem; Snapchat fat-shamer risks conviction; a federal anti-revenge-porn law?

Facebook Messenger joins the elite “one billion monthly users” club just four years after its release as a standalone app....more

FTC Acts Against Warner Brothers’ YouTube Promotion Campaign: Disclosure of Affiliation Below the “Fold” Is Not Enough

Last week, the FTC announced an agreement containing a consent order, subject to final approval, resolving its claims against Warner Bros. Home Entertainment Inc. (“Warner Bros.”) for the company’s misleading use of social...more

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