News & Analysis as of

Manatt Digital Media - October 2014

Hashtags and Ads: Top 10 Legal Considerations for Brands Involved in Digital and Social Media Advertising - In today’s competitive marketplace, brands are relying heavily on social media and other digital methods to...more

CPSC Clarifies Changes to Monthly Recall Report Form

In May, we advised readers conducting recalls that the CPSC’s new monthly “recall progress report” form may catch you by surprise. Among other changes, the form included new provisions requesting companies to report recall...more

Status Updates - October 2014 #2

..Filling a gap. Gap Inc., the clothing retailer, is using social media to establish a web presence focused on feminism, equal pay for equal work, and progressive values. For example, the company produced an Instagram video,...more

Status Updates - October 2014

..Where are the CEOs? According to a new study, fully two-thirds of the CEOs of the Fortune 500 have no personal social media presence at all. And of the ones who do participate in social media, two-thirds use only one of the...more

Using Social Media? Beware of Ethical Pitfalls (Part 2)

With the increasing use of social media by attorneys comes ethical risk. In Part 1 of the blog post, we discussed the risks involved with posting about ongoing matters and blogging without a disclaimer. Here are more tips to...more

NLRB Continues Aggressive Crackdown on Social Media Policies

In the past few years the National Labor Relations Board (“NLRB”) has taken an increased interest in whether workplace policies prohibiting employees from discussing the terms and conditions of their employment on social...more

Discovery of Social Media Data

The digital revolution has caused tremendous growth in the volume of documents stored and collected electronically. It has also caused the creation of new sources of digital data, one of the most significant of which is...more

Status Updates - August 2014 #11

Breaking the ice. No one expected that people dumping buckets of ice water over their heads for charity would become the viral phenomenon that it has. One key technical secret to the success of the “ice bucket challenge” may...more

My “Momma Bear” Is Coming Out: Cyber Bullies Prove Social Media Training Needs An Anti-Harassment Element

More than 50% of teens have experienced cyber bullying. Parents have historically looked to their children’s schools and local government to address the issue, but what about the social media sites which contribute to the...more

FCA warns firms on use of social media to promote financial products

The UK financial services regulator, the Financial Conduct Authority (FCA), has launched a guidance consultation in order to clarify and confirm its approach to the supervision of financial promotions in social media,...more

FDA Releases Long-Awaited Guidances on Character Limitations and Misinformation on Internet/Social Media

In two separate guidances, the Food and Drug Administration (FDA) advises prescription drug and device manufacturers on its "current thinking" on advertising through space-constrained social media (e.g., Twitter) and on the...more

Lawyers and Social Media: Ethical Considerations, Problems and Pitfalls

Social media provides an extraordinary means not only to communicate and share information, but also to obtain information that may lead to incriminating, exculpatory and impeachment evidence for use in discovery and at...more

Employer Ownership of Social Media Accounts

If you have a business with a social media footprint (and what business doesn’t, these days), ask yourself this question: "How confident are you that you own the social networking accounts through which you are building your...more

She tweeted what?!

Employers may have become familiar with some of the legal and human resources issues involving social media use by employees. However, one social media platform offers an illustration of the many evolving legal, human...more

Your Digital Workplace: Pitfalls And Remedies For Employees' Internet Use

Computers are a doubled-edged sword — vital convenience for everyone while simultaneously a potential source of liability if used improperly by employees. Employers' liability has expanded to the point where an employer may...more

Employment Law -- Dec 20, 2013

Despite $27,000 Jury Award, 9th Circuit Approves Almost $700,000 in Attorney’s Fees - Why it matters: Affirming the broad discretion of federal district court judges to award attorney’s fees, the Ninth U.S. Circuit...more

What Impact Can Social Media Have on a Trademark Dispute?

Social media weighs in on the dispute over use of the mark ROUBAIX in connection with bicycles. A lawsuit was brought by Specialized Bicycle Components, Inc. (“Specialized”) who owned the registration for the mark in Canada...more

Ownership of Business-Related Social Media Accounts

Social media platforms have become an increasingly important means for companies to build and manage their brands and to interact with their customers, in many cases eclipsing companies’ traditional “.com” websites. Social...more

Parameters of CDA Immunity Being Tested by Appeals Court in Jones v. Dirty World Entertainment

The U.S. Court of Appeals for the Sixth Circuit is currently hearing an appeal of a district court decision, which if upheld would have enormous ramifications for freedom of speech and the online service provider safe harbor...more

#Libel and the Lulu App

You can rate your favorite pizza place online. Why not your ex-boyfriend? That’s the idea, at least, behind Lulu. The popular app allows women, verified through their Facebook profiles, to rate men using pre-written...more

Week in Review - November 1, 2013

In the last few years, driving safety initiatives have focused on the dangers of texting while driving. With the rapid evolution of technology, however, new dangers seem to be emerging all the time. Someone received a...more

Social Media Marketing: Caging the Un-Caged Tweeter

It is easy to forget that social media is really a form of advertising, and therefore, subject to federal and state laws and regulations, as well as industry guidelines. In contrast to traditional advertising, which involves...more

Angry Facebook Posts and Tweets by Passenger about an Airport Employee Considered Expression of Frustration and Therefore not...

Twitter, Facebook and other social networking sites have become the latest battleground between two often conflicting legal concepts: the right of a person to speak freely, even in a vitriolic way, versus the right of another...more

Week in Review - October 4, 2013

This week the government shutdown dominated the news. Many people were told not to come to work, national parks, monuments, and recreational areas were closed, and access to some government services was limited or eliminated...more

Can I Use The Social Media Picture For My Story? – Part Two

Last time, we looked at whether the media can use images from social media sites applying fair use to several typical situations. Today, we look at the specific terms of service of various popular sites to see if some make...more

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