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Follow this channel for insights at the intersection of social media and the law, covering a wide array of issues from employer liability to privacy, from advertising rules to IP matters, and... more +
Follow this channel for insights at the intersection of social media and the law, covering a wide array of issues from employer liability to privacy, from advertising rules to IP matters, and more. Like this! less -
Husch Blackwell LLP

California Privacy and AI Legislation Update: August 19, 2024

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Keypoint: Last week, several privacy and AI bills passed out of committee (with some receiving amendments) while two bills died in committee. We are currently tracking thirteen privacy and AI-related bills that previously...more

Hinch Newman LLP

FTC Announces Final Rule Banning Fake and False Consumer Reviews and Testimonials

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On August 14, 2024, the Federal Trade Commission announced a Final Rule combatting bogus consumer reviews and testimonials by prohibiting their sale or purchase. The Rule allows FTC lawyers to strengthen enforcement, seek...more

Husch Blackwell LLP

California Privacy and AI Legislation Update: August 12, 2024

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Keypoint: Last week, the California legislature returned from its summer recess and began moving forward with privacy and AI legislation prior to the August 31 session closing date. We are currently tracking thirteen...more

Farella Braun + Martel LLP

The Ninth Circuit Reminds Employers of Obligations When Addressing Social Media Posts Affecting Workplace

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A recent Ninth Circuit decision clarifies employers’ obligations to address hostile work environment complaints arising out of employees' off-premises social media activity. In Okonowsky v. Garland (No. 23-55404; Jul. 25,...more

Fox Rothschild LLP

Breaching Social Media Platforms’ Section 230 Shield

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Last month, the Ninth Circuit reeled back protections for digital media platforms on which scam ads are found. Calise v. Meta Platforms, Inc., 103 F.4th 732 (9th Cir. 2024) Section 230(c)(1) of the Communications Decency Act...more

A&O Shearman

European Commission takes preliminary view that social media platform’s ‘pay or consent’ model does not comply with the DMA

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On 1 July 2024, the European Commission (the ‘Commission’) announced its preliminary findings in an investigation of a leading social media platform, concluding that its ‘pay or consent’ advertising model implemented in the...more

Society of Corporate Compliance and Ethics...

Managing Social Media Risk

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It’s not for nothing that there’s a year in the title of this blog post and podcast. Social media risks change frequently, explains Kortney Nordrum, VP, Regulatory Counsel & Chief Compliance Officer at Deluxe. She is the...more

Perkins Coie

“Biometric Identifiers Must Identify”: The Ninth Circuit Clarifies the Scope of BIPA

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The U.S. Court of Appeals for the Ninth Circuit issued an opinion in Zellmer v. Meta Platforms, Inc., on June 17, 2024, affirming dismissal of a putative class action filed under the Illinois Biometric Information Privacy...more

Wiley Rein LLP

10 Things to Know About the APRA – the Latest Federal Privacy Law Effort

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Over the weekend, lawmakers unveiled the latest push for a federal privacy law – the American Privacy Rights Act (APRA). The bill was circulated as a discussion draft by Sen. Maria Cantwell (D-WA), Chair of the Senate...more

Polsinelli

AI is Fueling a Major Contract Dispute in the Music Industry: Why it Matters for Your Business

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Whether or not you are a TikTok user, you have likely heard about how the platform allows creators to combine music clips with original content to create viral videos. The ability for users to leverage an extensive music...more

Farella Braun + Martel LLP

Major Decision Affects Law of Scraping and Online Data Collection, Meta Platforms v. Bright Data

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On January 23, 2024, the court in Meta Platforms Inc. v. Bright Data Ltd., Case No. 3:23-cv-00077-EMC (N.D. Cal.), issued a summary judgment ruling with potentially wide-ranging ramifications for the law of scraping and...more

Davis Wright Tremaine LLP

New York Employment Legislation Update: A Preview of 2024

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Employers should prepare themselves for the multitude of employment laws slated to become effective in 2024. We summarize some of the key changes and offer practical advice below. ...more

Epstein Becker & Green

New York Employers: Important Legislative Updates from Albany

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For New York employers, fall has brought with it more than just cooler temperatures, thanks to a wave of activity from Governor Kathy Hochul’s desk (after a busy legislative summer). Below, we highlight six significant...more

Hendershot Cowart P.C.

FTC on Alert for Blurred Influencer Marketing Targeting Teens & Children

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One year ago, the Federal Trade Commission (FTC) hosted a workshop titled "Protecting Kids from Stealth Advertising in Digital Media" to address the merging of advertising and content in the digital realm and its impact on...more

Cole Schotz

New York Employers Take Note: Another Slew of Laws Have Been Passed

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In recent weeks, New York enacted various employment laws that provide additional protections for New York employees. After reviewing the below, which summarizes the new laws in descending order of effective date, employers...more

Fox Rothschild LLP

In New Workplace Harassment Guidance, EEOC Moves to Broaden Enforcement

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In new draft guidance, the U.S. Equal Employment Opportunity Commission proposes to recognize broad protections for LGBTQ+ employees in the workplace and allow bias claims premised on abortion-related decisions. It also...more

Pillsbury Winthrop Shaw Pittman LLP

One to Watch: Has the Ninth Circuit Turned on Section 230?

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Ninth Circuit precedent protects information service providers from liability arising from user-generated content, including when classifying user characteristics as part of platform design or providing neutral tools that...more

Locke Lord LLP

New FTC Endorsement Guides: What ‎Advertisers and Influencers Need to Know

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For the first time since 2009, the Federal Trade Commission (“FTC”) released changes to the FTC’s Endorsement Guides, which advise advertisers, brand ambassadors and endorsers (collectively, “endorsers”) on what practices may...more

Fox Rothschild LLP

Plaintiff’s ‘Private’ Social Media Accounts May Be Mined for Evidence, NJ Appellate Panel Rules

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A New Jersey appellate court has ruled that plaintiffs in civil suits may be required to turn over social media posts in discovery – even posts from so-called “private” accounts – if the trial judge determines they may be...more

Orrick, Herrington & Sutcliffe LLP

U.S. Supreme Court’s Take on Section 230: What it Means for Online Platforms – and What’s Next

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The U.S. Supreme Court decided two cases recently that left untouched Section 230 of the Communications Decency Act, which provides online platforms immunity from claims based on content that their users create and share on...more

Holland & Knight LLP

2023 Social Media Advertising Landscape: An Update from a Senior FTC Official

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Michael Ostheimer, a senior staff attorney for the Federal Trade Commission (FTC), joined Holland & Knight for a recent webinar presentation on social media advertising and marketing practices.  This Holland & Knight alert...more

Wyrick Robbins Yates & Ponton LLP

One-Two Punch: Lessons from the Irish DPC’s WhatsApp Decision

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2023 continues to be a busy year for European data protection authorities. Following its release of the Irish Data Protection Commission’s (DPC’s) binding decisions in cases against Facebook and Instagram, the European Data...more

Dorsey & Whitney LLP

Policing the Digital Space - New Rules Require Platforms to Take Responsibility for Users’ Content

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Since the emergence of the Internet, under current European Union rules, services that host user-generated or user-contributed content have enjoyed legal immunity from liability, provided they take down unlawful content once...more

Miller Nash LLP

Ninth Circuit Expands Securities Seller Liability to Social Media Promoters

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On December 21, 2022, the Ninth Circuit sent a holiday gift to investor plaintiffs and a stocking full of coal to promoters advertising on social media. If you are thinking about touting your business plan on Instagram, think...more

Husch Blackwell LLP

The Labor Law Insider: Better Change Your Policies, Including Social Media

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Labor Law Insider host Tom Godar welcomes two new Labor Law Insiders as they discuss the shifting standards applied by the National Labor Relations Board (NLRB) to traditional employment policies found in almost every...more

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