Social Media

News & Analysis as of

#Fired: Post a Tweet, Lose Your Job

Many people enjoy spouting off what they view as 140-character tidbits of wisdom on the social media platform Twitter. But recently several individuals have found themselves in trouble with their employers (read: former...more

Pinterest Updates its Promotion Guidelines

Last week, Pinterest updated its Acceptable Use Policy, which governs its policies for conducting a contest and sweepstakes. Pinterest policy previously...more

AGG Food and Drug Newsletter - August 2016

Arnall Golden Gregory LLP's Food and Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community, including regular updates on legislative initiatives from AGG’s Washington, DC...more

Does Mikey Really “Like It?” – New Media Advertising and the Use of Endorsements

Any casual user of new (digital) media can attest to the growing popularity of the medium among advertisers. Solicitations promoting goods and services now pepper the newsfeeds of Facebook, Instagram and Twitter, (for...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

Manatt Digital - August 2016

Manatt Digital—eSports Startup Launchpad - We are proud to announce our partnership with Narus Advisors in sponsoring the Manatt eSports Startup Launchpad. This pitch competition is designed to explore what creative...more

#RIO, #SUPERBOWL, #FAIRUSE?

It’s Olympics time! And while most of the news has been about Zika and the conditions on the ground in Rio, brand owners know this as a time when the U.S. Olympic Committee is on the warpath sending notices and cease and...more

Did You Search Your Jurors’ Social Media? There Are Rules

If you represented a large corporation or a wealthy individual, wouldn’t you want to know if your prospective jurors were campaigning for Bernie Sanders on Facebook? Or how about criminal prosecutors who might want to know if...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

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

Digital Single Market Update: The European Commission’s Proposal to Revise the Audiovisual Media Services Directive

The European Commission has proposed legislation in the EU to provide a uniform legal and competition framework for video-streaming services provided via the Internet. The regime includes changes to advertising, the...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

TCPA Connect - August 2016

FCC Issues Report and Order on Budget Act Exemptions - On August 11, 2016, the Federal Communications Commission issued a Report and Order implementing Section 301 of the Bipartisan Budget Act of 2015, which amended the...more

States to Survey Nursing Home Social Media Policies

Via an August 5, 2016, letter, the Centers for Medicare & Medicaid Services (CMS) instructed State Survey Agency Directors to survey “nursing home policies and procedures related to prohibiting nursing home staff from taking...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

Privacy Tip #47 – Safety Tips for Using Twitter When Anonymity is Crucial to Your Safety

My Facebook account got hacked, so I am no longer on Facebook. LinkedIn was also hacked and users were told to reset their passwords, which I did immediately. I don’t use Twitter, because it’s just another way to get hacked,...more

CMS Issues Warning to Nursing Homes Regarding Abuse of Residents Via Social Media

On August 5, 2016, the Centers for Medicare & Medicaid Services (CMS) issued guidance to nursing homes in a letter to state survey agencies that addresses nursing homes’ obligations to protect residents. The Letter focuses on...more

Commercializing User-Generated Content: Five Risk Reduction Strategies

We’re in the midst of a seismic shift in how companies interact with user-generated content (UGC). For years, companies were happy simply to host UGC on their websites, blogs and social media pages and reap the resulting...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

The Water in Rio Isn’t the Only Thing to Worry About – So Are Olympic Hashtags

Social media is buzzing with Olympic hashtags, particularly #Rio2016 and #TeamUSA. But the U.S. Olympic Committee (USOC) is cracking down on hashtag use by companies without Olympic sponsorship deals, calling it “ambush...more

FTC Ponders Disclosures in Celebrity Posts

Last week, Bloomberg ran an article suggesting that the FTC is about to “crack down on paid celebrity posts” that aren’t labeled as ads. If you read this blog, you already know this is a big priority for the FTC. In fact, the...more

There Are Limits to Connecticut’s Employee Free Speech Law

It has long been recognized as a matter of federal constitutional law that public employees cannot be deprived by the government of their right to freedom of speech protected by the First Amendment, even though the government...more

Lessons to be Learned from Uber’s “Wrong Turn” with a Private Investigation

In today’s era of social media and the internet, many of us have an insatiable desire for information and a knee jerk reaction when attacked: - What dirt can we find out about our adversary? This often happens...more

Visibility is a Trap: Panopticism, E-Discovery, and the Rich Kids of Instagram

Jeremy Bentham's Panopticon, an 18th century architectural structure first imagined for prisons, works as a metaphor for the power of social media in the 21 st century. The idea behind the panopticon is that any group of...more

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