News & Analysis as of

Status Updates - November 2014 #8

..Pay to play. Attention, marketing professionals: The free ride that Facebook has been giving to advertisers is coming to end. We’ve recently discussed Facebook’s recently ban on “like” gating. Now, inspired by its users’...more

Status Updates - October 2014 #12

..Unfree speech? In the United States, the First Amendment would likely prevent the prosecution of someone who posted racist or anti-Semitic messages on a social media platform. But social media platforms operate worldwide,...more

Wiped Out

If you thought Google was the only organization affected by the European Court of Justice’s May decision honoring a Spanish man’s right to have a newspaper story about him erased from its search rankings, you’d be wrong. In...more

Are Browsewrap Agreements Enforceable?

Almost all social media sites contain “Terms of Service” (“TOS”). Are they enforceable against users? It depends on the presentation and the issue....more

Status Updates - October 2014

..Where are the CEOs? According to a new study, fully two-thirds of the CEOs of the Fortune 500 have no personal social media presence at all. And of the ones who do participate in social media, two-thirds use only one of the...more

Advertising Law - September 2014

Complimentary TCPA Update Webinar: The Year in Review and What Lies Ahead - One year has passed since the implementation of the Federal Communication Commission’s revised Telephone Consumer Protection Act (TCPA) rules....more

The Risks of Pre-employment Social Media Screening

An increasing number of states have recently passed laws that prohibit employers from obtaining passwords to a job applicant’s social media accounts. Such legislation highlights companies’ interest in finding out as much as...more

Socially Aware - Volume 5, Issue 2 - April 2014

In This Issue: - Employer Access to Employee Social Media: Applicant Screening, ‘Friend’ Requests and Workplace Investigations - Driving Under the Influence (of Google Glass) - U.S. Courts’ Evolving Approaches to...more

Parameters of CDA Immunity Being Tested by Appeals Court in Jones v. Dirty World Entertainment

The U.S. Court of Appeals for the Sixth Circuit is currently hearing an appeal of a district court decision, which if upheld would have enormous ramifications for freedom of speech and the online service provider safe harbor...more

Week in Review - November 1, 2013

In the last few years, driving safety initiatives have focused on the dangers of texting while driving. With the rapid evolution of technology, however, new dangers seem to be emerging all the time. Someone received a...more

Advertising Law -- Sep 26, 2013

Julia Child Foundation Whips Up Lawsuit Against Williams-Sonoma - Williams-Sonoma illegally used the name and likeness of the late Julia Child more than 100 times in advertising, marketing, and promotional materials...more

UK: The Latest Social Media Legal Updates

In our May 30, 2012 post on the Socially Aware blog—“Should We All Be Getting the Twitter “Jitters”? Be Careful What You Say Online (Particularly in the United Kingdom)”—we considered a variety of UK laws being used to...more

Advertising Law - Apr 25, 2013

- Marc Roth Invited to Present on Privacy Issues in Marketing at NYC Bar CLE Program: On May 3, 2013, the New York City Bar Center for CLE and the Brand Activation Association (formerly the Promotion Marketing...more

Social networks do not deliver more leads than search engines

Social marketing is a popular topic on blogs, in lawyer magazines, and at conferences. This attention is certainly well deserved. Just look at the audience: Facebook – 1 billion+ users Google+ – 500 million+...more

Tweet, Follow, Or Get Out Of The Way: What All Employers Need To Know About Social Media In The Workplace

Facebook. Twitter. LinkedIn. YouTube. Blogs. Email. Texts. Social media in the workplace has become a fact of life for all employers. Companies are learning that these once feared social media sites can be powerful marketing...more

Advertising Law -- Mar 08, 2013

In This Issue: Marc Roth to Lead Social Media and Mobile Marketing Discussion at PACE Association Convention; UK Court Finds Google Could be Liable for Blog Comments; TCPA Plaintiffs Victorious in Illinois, New Jersey;...more

Owning your online presence

Originally posted on The National Law Journal on February 14, 2013 “What if someone says something negative about me online?” This is probably the most common question lawyers ask me. The sad truth is that many lawyers...more

Around the Virtual World - January 21, 2013

A weekly wrap up of interesting news about virtual worlds, virtual goods and other social media. In This Issue: - USPTO Dives Into Software Patent Debate With New Group - The Hidden Risks Behind Facebook's...more

Dear Tireless, Brilliant, Talented Job-Seekers: Friend Us on Facebook!

Still anonymously searching for resumes on LinkedIn or Monster.com? That’s so 20th century. If you want to attract the most talented job seekers now, you’d best jump into the fray, not only on LinkedIn but also on Facebook,...more

Recent FTC Enforcement Actions Involving Endorsements, Privacy And Security

The Federal Trade Commission announced several enforcement actions in the last year relating to endorsements, privacy and data security. These announcements provide valuable information to companies engaged in these...more

Recent FTC Enforcement Actions Involving Endorsements, Privacy And Security

The Federal Trade Commission announced several enforcement actions in the last year relating to endorsements, privacy and data security. These announcements provide valuable information to companies engaged in these...more

Legal Considerations for Internet Advertising Targeting U.S. Customers

The Internet is connecting workers, markets, advertisers and contractors from all around the world. We are on Skype, Twitter, LinkedIn and Facebook nearly every day visiting with clients and friends worldwide. One of the most...more

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