Online Platforms

News & Analysis as of

FilmOn and the Copyright Act §111 Compulsory Licensing

Web-based television streaming services have been dealt another blow in their campaign to transmit large broadcasters’ copyrighted programs. In the latest decision on the issue, a federal judge rejected FilmOn X LLC’s claims...more

How Does Your Terms of Service Agreement Rate?

Online terms of service agreements are the rarely-read but often-mocked daily annoyance of Internet users worldwide. A large (literally) barrier to the immediate gratification of access to online content, most of us are...more

Online Negativity: How to Fight Back

The internet is a powerful channel for communication, with great strengths compared to other media. It has been referred to as the "largest public space in human history”. Internet communications can reach an unlimited...more

SEC OKs crowdfunding for startups

On Friday, October 30, the Securities and Exchange Commission (SEC), by a vote of 3-1, adopted rules designed to implement a 2012 law that allows startups to use crowdfunding to generate investments in their companies....more

Establishing the Boundaries of the OCILLA Safe Harbor

As user-generated content explodes over the Internet, intellectual property disputes over posting or uploading such content without the owner’s consent continue to escalate. As we touched on in a recent post, social media...more

The Five Stages of Online Lead Generation

On October 30, the FTC presented a workshop on lead generation entitled Follow the Lead. Online lead generation is an area receiving increased regulatory scrutiny by the FTC and other regulators, including the CFPB. Over the...more

Social Media and Practice: Questions Attorneys Should Ask Now

Social media users number in the billions. Facebook counts over 1.4 billion users, LinkedIn has 347 million members, Instagram has 300 million, Twitter has nearly 290 million, and YouTube reports more than a billion users....more

Garçon to FanDuel: Check please!

What are a veteran NFL player’s name, image, and likeness worth in the burgeoning (but recently beleaguered-by-lawsuits) daily fantasy sports gaming industry? NFL wide receiver Pierre Garçon’s putative class action lawsuit...more

Risky times for some Internet lenders

A recent decision by the Minnesota Supreme Court serves as a painful reminder to Internet lenders of the perils of relying on choice-of-law provisions or arguments citing the Commerce Clause of the U.S. Constitution to avoid...more

Written Objections to Summary Judgment Evidence are Preserved for Appeal

On August 10, 2015, Governor Brown signed SB 470, codifying the holding in Reid v. Google, Inc. (2010) 50 Cal.4th 512, that evidentiary objections on motions for summary judgment are preserved on appeal whether or not the...more

Court “Likes” NLRB’s determination that Facebook posts are protected under the NLRA

The Second Circuit Court of Appeals recently upheld the National Labor Relations Board’s (NLRB) decision that employees’ Facebook posts are protected by the National Labor Relations Act (NLRA). Three D, LLC d/b/a Triple Play...more

Social Media Compliance Policies: Your Company Needs One

Use of social media is ubiquitous in today's society. This is astounding when you think back to 2004 and realize that social media did not exist then. Fast forward ten years and by September 2014, 58% of all American adults...more

Is Money Being Laundered Through Your Financial Institution Using Daily Fantasy Sports Sites?

This alert addresses the explosion in popularity of daily fantasy sports (“DFS”) sites and the money-laundering potential that DFS sites may offer to criminals around the world. It then explains potential legal liability...more

Second Circuit Upholds NLRB's Triple Play Decision, Expanding Section 7 Protections for Employees' Social Media Activity

Obscenities alone—even when viewed by an employer's customers—do not deprive employees engaged in protected concerted activity of the National Labor Relations Act's ("NLRA" or the "Act") protections. So held the U.S. Court...more

Court “Likes” NLRB’s Determination that Facebook Posts Are Protected under the NLRA

The Second Circuit Court of Appeals recently upheld the National Labor Relations Board’s (NLRB) decision that employees’ Facebook posts are protected by the National Labor Relations Act (NLRA). Three D, LLC d/b/a Triple Play...more

California Court: School Districts Cannot Prevent Posting of Videos of Open Board Meetings

Our friends over at the EdLawConnectBlog in California published a blog about an interesting case from the Golden State that school leaders from across the country may find interesting. The case addressed whether school...more

Commerce Clause Does Not Prevent Minnesota from Regulating Internet Loans Made to State Residents, Minnesota Supreme Court Rules

The Minnesota Supreme Court has ruled that the Commerce Clause of the U.S. Constitution does not preclude Minnesota from applying its payday lending law to loans consummated in Delaware that are made to Minnesota residents...more

New “Tracker of Terms and Conditions” service released, track all the changes, all the time, to a website’s terms of use

We have all read a website’s terms of use (hopefully), and almost all of the terms say something to effect of “these terms may change without prior notice, so we recommend that you review them regulatory.” Well now, a new...more

Second Circuit Upholds NLRB Decision: Discharge of Employees for Facebook “Likes” Was Unlawful

On October 22, 2015, the Second Circuit Court of Appeals affirmed the National Labor Relations Board’s (NLRB) decision that Triple Play Sports Bar and Grille (Employer) violated Section 8(a)(1) of the National Labor Relations...more

Second Circuit Says Facebook Profanity Directed at Employer is Protected - Employer Violated NLRA by Terminating Two Employees...

In Three D, LLC d/b/a/ Triple Play Sports Bar and Grille v. NLRB, the U.S. Court of Appeals for the Second Circuit upheld the National Labor Relations Board's (the Board) determination that the employer, Triple Play,...more

“Like” It or Not, It’s Protected Activity Under the NLRA

If I’ve heard it once, I’ve heard it a million times: “It’s employment at will in this state. I can fire my employees for any reason or no reason at all.” Well, if that “any reason” or “no reason” has something to do with...more

Attention UGC Marketers—Are Your Permissions in Order?

Brand companies have come to view user-generated content as often one of the most effective and authentic ways to advertise their products or services. This is known as “user-generated content marketing.” For example, with...more

Court of Appeals Rules that Kansas University Cannot Expel Accused Student for Off-Campus Sexual Misconduct

To what extent can an institution discipline a student for off-campus behavior directed at another student vis-à-vis the Internet? This issue was addressed in a recent case involving the University of Kansas (the...more

Why is Omnichannel Retail so Hard?

The retail industry has been evolving rapidly to keep up with new technology and consumer patterns. While the chief concern previously was about how traditional retailers could prevent the loss of market share to online...more

The European digital single market: where are we now?

It has been a busy few months for the European Commission. When the Commission announced its plans for the digital single market (DSM) on 6 May, many commentators and stakeholders felt that it provided more questions than...more

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