The FTC’s Proposed Rule Banning Deceptive Reviews and Testimonials
Negative Online Reviews and Reputation Management: Tips for Health Care Practices and Providers
PODCAST: Williams Mullen's Trending Now: An IP Podcast - Advertising & Customer Engagement in the Digital Age - Customer Reviews and Response
How to Find the Identity of an Anonymous Author Online
II-36- Holiday Party Tips, the 2018/2019 Federal Regulatory Agenda, and Noteworthy Cases On Suing and Being Sued
On November 30, 2023, the Colorado Court of Appeals in Tender Care v. Barnett tested the limits of Colorado’s anti-SLAPP law in considering whether an individual’s online review of a company could invoke the protections of...more
The Colorado Court of Appeals on December 22, 2022, issued an important decision upholding the free speech rights of consumer reviewers in Colorado who honestly post about their experiences with licensed professionals....more
Despite Hollywood’s most recent high-profile case with Amber Heard and Johnny Depp, defamation cases are notoriously difficult to win and often susceptible to pretrial dismissal. Yet, a recent Oregon Supreme Court case—Lowell...more
We work hard for our businesses, and those of you who started your own enterprise are even more deeply concerned about it than others. Which is why criticism of your business can be so frustrating....more
In a closely watched case, the Second U.S. Circuit Court of Appeals held on July 8, 2019 that President Trump violated the First Amendment by blocking disfavored users on his @RealDonaldTrump Twitter account. This important...more
On July 9, 2019, the U.S. Court of Appeals for the Second Circuit held that the First Amendment prohibits the government from blocking social media users from accessing the Twitter account @realDonaldTrump. See Knight First...more
In today’s world — where social media has become a source of news for many — companies and individuals often find themselves the subject of negative and anonymous online comments. These comments can give rise to legal claims...more
As we have noted previously, the California Court of Appeal’s Hassell v. Bird decision in 2016 upholding an injunction requiring Yelp to remove certain user reviews was discouraging to social media companies and other online...more
Social media platforms like Facebook and Twitter typically allow users to delete unwanted commentary or block others with whom they disagree from posting on the user’s page or post. The subject matter of the offending...more
In a case with free speech implications, the U.S. Court of Appeals for the Ninth Circuit on November 8, 2017, affirmed the denial of Glassdoor, Inc.’s motion to quash a grand jury subpoena for the identities of the Glassdoor...more
No matter the business you operate, modern commerce increasingly takes place online, rarely putting the consumer and your business face-to-face. A recent study revealed that approximately 80% of American consumers buy...more
Trolls aren’t just fictional creatures living under bridges in fairy tales – today they are anonymous but highly visible creatures plaguing individuals and businesses on social media. They’re angry, vindictive and financially...more
Franchised businesses, particularly restaurants, hotels, automotive servicers and others have been falling victim to the digital age. Many consumers now choose the places they do business based on what they read on Yelp,...more
The Canadian Broadcasting Corporation (CBC) recently aired a segment reporting that real chicken content in Subway sandwiches amounted to a lot less than what the average consumer would expect. The network commissioned DNA...more
These days, one of the most effective ways to advertise your business is through social media platforms such as Facebook, Instagram, or Twitter. At virtually no cost, social media allows you to conveniently market your...more
In a case which was the subject of our Alert dated June 22, 2016, the California Supreme Court agreed on September 21, 2016 to review a lawsuit that Yelp.com warns could lead to the removal of negative reviews on the popular...more
Electric Toothbrushes Battle It Out Before NAD - In a battle over electric toothbrushes, the National Advertising Division determined that Procter & Gamble can support superiority claims for its Oral-B models challenged...more
Yelp, I need somebody - Yelp, not just anybody - Yelp, you know I need someone - Yelp! My apologies to the Beatles. But the notion that one can’t do it alone and expect to be protected, may just be an apt moral in today’s...more
Many business have suffered the misery and frustration of a harshly negative, anonymous online review. That anonymity, critics argue, frees the reviewer from worries about the need for accuracy and, worse yet, encourages the...more
Cruel intentions. Laws seeking to regulate speech on the Internet must be narrowly drafted to avoid running afoul of the First Amendment, and limiting such a law’s applicability to intentional attempts to cause damage usually...more
The Wall Street Journal recently published an article by Lindsay Gellman on a new app by Collectively that allows users to post anonymous reviews of and complaints about their employers. The app is cheekily called...more
There has not been much activity on the blog because we have been engaged in a long copyright and misappropriation of trade secrets trial. So, we share with you some of the articles we have been reading, but just haven’t had...more