Social Media

News & Analysis as of

Top 5 Legal Considerations for FinTech Advertising

The growth and expansion of FinTech service providers nationally and internationally over the last five years is reshaping the financial landscape. This evolution includes differentiation in how financial products are...more

YouTube Rulings Emphasize the Importance of an OSP’s Terms of Service in Social Media Marketing

Two recent cases serve as a reminder of the key role an online service provider’s (OSP) terms of service play in social media marketing. The courts in Darnaa, LLC v. Google, Inc., 2015 WL 7753406 (N.D. Cal. Dec. 2, 2015) and...more

European Court of Human Rights Rules Employers Can Read Employees’ Emails

Last month, the European Court of Human Rights (“ECHR”), in the case of Barbulescu v. Romania, issued a ruling about the rights of employers to monitor their employees’ online communications, including those via personal...more

The Game Goes On: Sheppard Mullin Obtains Dismissal With Prejudice of Class Action Alleging Social Gaming Micro-transactions...

Another lawsuit alleging illegal gambling in a social game has been dismissed. Over the last year, social gaming mobile applications have come under attack from the Plaintiffs’ bar as gambling in disguise. Plaintiffs’...more

The Value of Terms Limits: YouTube’s Broadly Defined TOS Does the Trick

Frequent readers of our blog will recall that in prior posts on companies such as Uber, Ashley Madison and Twitter, we have stressed the importance of having a robust terms of service (TOS) agreement. In many instances, TOS,...more

Did You Catch that Hashtag at the Super Bowl?

Early in the game on Sunday night, Esurance ran a commercial announcing that it was giving away more than $1 million through a sweepstakes on Twitter. You may remember that Esurance made a splash with a Twitter-based...more

Rapper rumble leads to legal rumble over use of tweet

If you have any remaining doubts that even tiny tweets can lead to major litigation, consider the “Ri-Ri’s Rumble” case. The case has everything: rappers, Rihanna, an eruption at a nightclub and the threat (or maybe...more

Don’t Let Your Super Bowl Promotion Get Sidelined

Every year at this time clients call who want to take advantage of Super Bowl frenzy, whether by running an online sweepstakes, offering a special deal to customers on Super Sunday, posting memes on their Facebook pages,...more

Is Discovery of Private Facebook Postings On Equal Footing With General Discovery Principles?

Are private Facebook postings entitled to more stringent protections from civil discovery? A significant string of New York Appellate Division decisions seemed to suggest that they are. But a divided panel in Forman v....more

Twitter, the Drone Selfie and Charting a Course for New Technology

A recently published patent application filed by Twitter provides a possible glimpse into the future of social media and selfies—and it’s a future arriving on the wings of that poster child of modern technology, the unmanned...more

Evidence and Social Media: Notes from the Canadian Twitter Trial

On Friday, January 22, 2016, the Ontario Court of Justice released reasons in R. v. Elliott, 2016 ONCJ 35. The case involved allegations that the accused engaged in criminal harassment of two women by repeatedly communicating...more

Waters of the U.S. Rule Drowning to Start 2016

Although likely to survive a presidential veto of a joint resolution seeking to nullify the June 29, 2015 rule submitted by the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers amending the definition...more

Increased Government Scrutiny of Ads on Social Media Expected in 2016

Recent statements and actions by the Federal Trade Commission, the Food and Drug Administration and the Consumer Financial Protection Bureau forewarn of additional regulatory enforcement of advertisements on social...more

The Complicated Relationship between DMCA Takedown Notices and the Word “Expeditious”

Hours. Days. Weeks. Months. When it comes to acting on copyright infringement takedown notices, just how fast is fast enough for social media platforms? Some recent (and not-so-recent) cases reveal how difficult the question...more

No Right to Privacy in the Workplace?

Last week the European Court of Human Rights held in Barbulescu v Romania (Application no. 61496/08) that there was no breach of the right to privacy where an employer searched the contents of an employee's instant messaging...more

How to Authenticate a Social Media Post

Despite its relationship to new technologies, electronic evidence, including social media evidence, is actually treated the same as traditional forms of evidence in terms of admissibility. You can’t get it in without proper...more

Top 10 Topics for Directors in 2016: Social Media

Social Media - Companies that ignore the significant influence that social media has on existing and potential customers, employees and investors do so at their own peril. Last quarter, Facebook reported daily active...more

2015: Our Greatest Hits

Last year, entrepreneurs, companies and courts grappled with questions over content owners’ rights with respect to livestreaming, Yelp reviewers’ anonymity expectations, bankruptcy creditors’ access to business’ Facebook and...more

2016 Employment Law Update: A Review Of Recent Developments

Each year, we are happy to provide our clients and friends with a summary of the new laws and legal developments from the past year that we believe will have the greatest impact on employers. This year’s update...more

Go Fish: Do General Discovery Rules Apply to a Litigant’s Facebook Posts?

While discovery of social media information has been commonplace for some time, courts are still struggling with when such discovery should be allowed. While courts generally hold that normal discovery rules apply to social...more

Data Privacy Recommendations for Crafting Employee Monitoring Policies

Federal laws prohibit the interception of another’s electronic communications, but these same laws have multiple exceptions that generally allow employers to monitor employees’ email and internet use on employer-owned...more

Our List of Lists

January is the month when lists—lists of predictions, lists of trends, lists of feats and lists of failures—pervade social media newsfeeds and publications’ headlines. Here at Socially Aware we’re making an annual tradition...more

Artist Richard Prince Sued for Use of Photo from Instagram

It is not the first time artist Richard Prince has made headlines for appropriating others’ artwork into his own without attribution or license. But this time, he has done so in a way that may have implications on the use of...more

When does using social media become "lobbying" under New York State law?

Recently, the Joint Commission on Public Ethics (JCOPE), which oversees lobbying rules and regulations in New York State, published a Notice for Comment that should interest any person or entity that uses social media in...more

Social Media in the 2010s: A Force Awakens

When I was asked by LexBlog to provide insight into my most significant story I’ve written about in the first half of this decade (and wondering if it started on January 1, 2010 or 2011?), I first thought about looking at...more

1,420 Results
|
View per page
Page: of 57

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×