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News from AGG's Retail industry Team - Winter Edition

How much is that Facebook page worth to your Business? At first glance, this question may seem relatively unimportant in the context of an M&A transaction. It rings true that social media accounts usually receive little...more

How Much is That Facebook Page Worth to Your Business?

At first glance, this question may seem relatively unimportant in the context of an M&A transaction. It rings true that social media accounts usually receive little attention during the negotiation of a deal, which fact may...more

Employment Law Navigator – Week in Review: January 2017 #3

Last week, there were developments in two cases in different Pennsylvania courts involving employer liability—or lack thereof—for data breaches involving employee personally identifiable information (PII). A Pennsylvania...more

2016 eDiscovery Case Law Year in Review, Part 3

As we noted yesterday and Monday, eDiscovery Daily published 74 posts related to eDiscovery case decisions and activities over the past year, covering 62 unique cases! Yesterday, we looked back at cases related to...more

Social Links: AI displaces insurance company employees; revenge-porn victim seeks injunction against search engines; Wendy’s wins...

Over 30 workers at a Japanese insurance company are losing their jobs following the company’s adoption of IBM’s Watson Explorer, an artificial intelligence system that will perform an important back office function at the...more

In Germany, Allowing Employees to Post on a Company’s Facebook Page is Subject to Co-determination Rights of the Works Council

The German Federal Labor Court (Bundesarbeitsgericht – BAG) has ruled that when an employer provides Facebook users access to publish posts on the company’s Facebook page that relate to the behavior or performance of...more

Who’s Responsible for Policing Fake News?

For many of us, gone are the days of reading the morning newspaper over a cup of coffee. Instead, the majority of U.S. adults now obtain their news via social media. We’ve grown accustomed to having information at our...more

Shock the Monkey: Police Officer Photo Post on Social Media Costs Him His Job

When is a “joke” so not funny that you lose your job? The Mississippi Court of Appeals gave some direction on that question, affirming the City of Meridian’s termination of a police officer for an inappropriate (arguably...more

New Facebook Policy Restricts Ad Targeting

Facebook Inc. (“Facebook”) has announced new ad targeting restrictions for Facebook advertisers operating in the housing, employment and credit marketing space....more

Even in Social Media Age, Web Presence Without Specific Showing of Customer Interaction is Not Enough for Personal Jurisdiction

Ask any 1L – personal jurisdiction has always been a tricky issue. But in the internet era, even courts have grappled with how to determine whether an online presence is sufficient to establish personal jurisdiction over a...more

Friend (or Foe) Requests: Using Social Media In Employment Litigation

Seyfarth Synopsis: Social media is a potential goldmine of information when it comes to defending against employment lawsuits—pictures, status updates, location markers, “likes,” groups, and associated friends, all from the...more

Facebook calls Illinois Biometric Law Unconstitutional

In the ongoing saga of Facebook’s challenge of the Illinois Biometric Law, it declared last week that the Illinois law violates the United State Constitution. According to Facebook’s Answer in a suit filed against it in...more

Employment Law Navigator – Week in Review: November 2016 #4

Last week, a federal judge in Texas issued a preliminary injunction blocking implementation of the Department of Labor’s new rules on overtime, which would have extended overtime eligibility to approximately 4 million...more

Social Links: IMDb sues over right to post actors’ ages; Facebook tests jobs feature; Pinterest adopts “tried it” button

The Internet Movie Database (IMDb) has filed suit to overturn a law that requires the popular entertainment website to remove the ages or birth dates of people in the entertainment industry upon request. Vine might not...more

Newsfeeds and Notice – How Social Networks Might Affect Class Action Litigation

The resources from which people obtain, and choose to obtain, information have changed dramatically. A recent and highly publicized discussion of how information is exchanged might be the so-called filter bubble that many...more

The Future is Now

More than a decade ago Steve Spielberg’s Minority Report contemplated a future in which facial recognition would be ubiquitously used for targeted advertising. Now, a California court will decide whether to dismiss a...more

When Using a Computer Becomes a Crime, Part Two: ACLU, Facebook Weigh In on Ninth Circuit’s Answer

The Electronic Frontier Foundation (“EFF”) and the American Civil Liberties Union (“ACLU”) have weighed in on Facebook’s high-profile dispute with a social media aggregation company over whether it had unlawfully accessed...more

Firing Employees For Private Facebook Posts: Employers Should Proceed With Caution

The recent filing of a lawsuit by a former television anchor against her former employer has magnified the need for employers to have a sound and meaningful social media policy. Former Pittsburgh, Pennsylvania news anchor,...more

Asking Employees to Retweet an Employer's Tweet May Subject Employers to Fines in Illinois

Can employers ask employees to “like” an employer’s Facebook page or “retweet” tweets? According to the newly amended Right to Privacy in the Workplace Act (Act), Illinois employers may be subject to fines and found guilty of...more

Is There A Right To Facebook In The Constitution? North Carolina Cyberlaw Goes To The United States Supreme Court.

The Supreme Court of the United States has just agreed to the hear Packingham v. United States. The grant of certiorari reflects the increasing integration of cyberlaw with mainstream constitutional litigation. Packingham,...more

Social Links: LinkedIn’s new feature estimates compensation; states grapple with social-media-account-inheritance laws; insurance...

Because it bases its assesments on job title, location and industry, LinkedIn’s new Salary feature might be more accurate than are other online compensation estimation tools....more

The FTC's Crackdown on Social Media #Ads

In the ongoing effort to reach the hearts and minds of consumers, brands are increasingly looking beyond the traditional media outlets of radio, print and television. The recent meteoric rise and diversity of social media...more

#BigBrother and the Era of Hashtag Surveillance

Earlier this month, the ACLU published a report alleging that it had obtained public records showing that social media user data such as location tracking, photos and hashtag usage may have been used by law enforcement to...more

Why after-hours social media posts can still spell on-the-job trouble

Many people think that only teenagers and twentysomethings are using Facebook, Twitter, Instagram, Snapchat, Pinterest, LinkedIn and Google Plus to interact with others. Not so....more

Yelp Cannot Be Held Liable for Negative Review

Retailers are familiar with Yelp.com as a ratings website with a star rating system that allows customers to rate products and services they receive, as well as add individual reviews and comments. Positive reviews can...more

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