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Vedder Price

NetChoice Succeeds in Striking Down Utah Social Media Law Under First Amendment

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A federal court last week sustained a First Amendment challenge to a Utah law aimed at addressing the use of social media platforms by minors, holding that the law’s proponents failed to demonstrate that the law served a...more

Dorsey & Whitney LLP

A Cheat Sheet from the National Advertising Division Conference 2024

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​​​​​​​Earlier this week we met up in lower Manhattan with friends, colleagues and many news faces at the 2024 National Advertising Division (“NAD”) conference. As always, it was great to see and hear from experienced...more

Goodwin

SEC Sends Additional Message to Registered Investment Advisers on Marketing Rule Obligations Through Enforcement Actions

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On September 9, 2024, approximately one year since its first flurry of similar Marketing Rule actions, the Securities and Exchange Commission (the SEC) announced settlements with nine SEC-registered investment advisers (the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Laid-Off Workers Gain Influence on Social Media, Raising Concerns for Employers

Waves of mass layoffs during the past two years have generated a new trend: layoff influencers who use social media to vent feelings, get assistance with a job search, and find community with other laid-off workers. This...more

Cranfill Sumner LLP

Defamation and Reputation Management in the Digital Age

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Defamation is the act of communicating false statements about a person that injures their reputation. Legal protections for a person’s reputation go back to common law and were well developed over the past two centuries....more

Kelley Drye & Warren LLP

Posting About Another Employee on Social Media Could Be Unlawful Harassment

Social media has truly changed our world, both in and outside of the workplace. It has evolved into a daily habit for many of us; the way we get news about the world and our friends, the way we shop, gossip, and much more. It...more

Chartwell Law

The Social Web’s Influence on Your Workplace and the Potential Havoc It Can Cause

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Employers have a duty to ensure that their workplaces are not hostile, both in the physical and virtual worlds. This responsibility extends to both actual and constructive knowledge of potential issues....more

Saiber LLC

The NetChoice Social Media Cases: Back to the Beginning

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​​​​​​​In a past Trending Law Blog post on November 1, 2023, we discussed how the Supreme Court of the United States granted petitions for certiorari in Florida’s NetChoice LLC v. Moody case and Texas’ NetChoice LLC v. Paxton...more

Holland & Knight LLP

When Social Media Posts Become Workplace Harassment

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The U.S. Court of Appeals for the Ninth Circuit on July 25, 2024, ruled that under Title VII of the Civil Rights Act of 1964, companies can be held liable for claims of a hostile work environment if an employee shares...more

Pagefreezer

Spoliation, Sanctions, and Staying Social Media Savvy

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Social media has changed the way we share ideas, the way we get our news, the way we make purchases, and the way we conceptualize ourselves and our community. It has changed the way we keep in touch with our friends and...more

BCLP

Balancing Protected Characteristics - Religious Belief v Sexual Orientation: Ngole v Touchstone Leeds

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This week we focus on a new case looking at the difficulties between balancing protections of religious belief with the rights and protections of LGBTQI+ individuals....more

Epiq

Six Challenges When Collecting Social Media Artifacts for eDiscovery Litigation

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Social media platforms are one of society’s primary communication channels, not just for personal interactions but also for business communications. Consequently, collecting social media artifacts for eDiscovery purposes is a...more

Bilzin Sumberg

Supreme Court’s Social Media Ruling Tilts Toward Free Speech

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The US Supreme Court this month declined to rule on whether Florida and Texas laws limiting social media platforms’ content moderation violates the First Amendment, sending the issue back to the lower courts. But in doing so,...more

BakerHostetler

Viral Layoffs: Important Considerations for Employment Actions in the Digital Age

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Social media usage remains ubiquitous in 2024, and a recent trend sees the increased use of social media by employees to document their experiences with layoffs and disciplinary actions in the workplace. ...more

Esquire Deposition Solutions, LLC

Lawyer “Friend Requests” Are Off-Limits for Deposition Witness Research

This blog post is the first in a series on common ethical challenges that arise when preparing for and conducting depositions. Social media offers such a wealth of details about a person’s circumstances and beliefs that...more

DRI

Curation Litigation: Social Networks’ Right to Be Unsociable

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“My freedom of speech stimulates your freedom to tell me I’m wrong.” – P.J. O’Rourke - In what is certainly the most important First Amendment decision of the term, if not recent memory, the US Supreme Court this summer will...more

Hogan Lovells

Online Speech Showdown: Six Takeaways from Moody v. NetChoice

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The U.S. Supreme Court recently released its decision in Moody v. NetChoice, providing some much-needed guidance to lower courts on the application of the First Amendment to laws regulating content moderation practices of...more

Clark Hill PLC

SCOTUS Remands Social Media Content Moderation Cases and Signals Content Moderation as a First Amendment-Protected Activity

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The First Amendment still imposes some limits on the government’s ability to control what content appears online. On July 1, the United States Supreme Court issued its opinion in Moody v. NetChoice and NetChoice v. Paxton,...more

WilmerHale

What's Next After Major First Amendment Win For Online Companies In Supreme Court's NetChoice Decision?

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On July 1, the Supreme Court issued one of its most significant decisions regarding First Amendment rights on the internet in the NetChoice cases. At issue were a pair of facial First Amendment challenges to Texas and Florida...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Moody et. al., v. NetChoice, LLC, and NetChoice, LLC v. Paxton

On July 1, 2024, the U.S. Supreme Court decided Moody et. al., v. NetChoice, LLC, and NetChoice, LLC, v. Paxton, in which the Eleventh Circuit and Fifth Circuit Courts of Appeals had reached opposite decisions about a state’s...more

Carlton Fields

Top First Amendment Cases of the 2023-2024 Supreme Court Term

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The U.S. Supreme Court stepped back from the brink in a term that could have reshaped First Amendment law for the internet age. ...more

Bricker Graydon LLP

Hashtags and Headaches - How Employers Can Best Protect Themselves From Viral TikTok Trends

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What’s your social media of choice? Are you into the short form videos on TikTok, or would you rather just post a picture on Instagram? Maybe you prefer old reliable Facebook to keep you informed of what’s happening in your...more

Dorsey & Whitney LLP

Bridal Fashion Label and Designer Straighten Social Media Ruffles in Bankruptcy Deal

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The 2010s were a heyday for bridal fashion. TLC’s “Say Yes to the Dress” reality series captivated viewers watching brides navigate family opinions and emotions while shopping for “the dress” at Kleinfeld’s Bridal in New York...more

Parker Poe Adams & Bernstein LLP

What to Do When Your Termination Conference Ends Up on TikTok

Some employees who are being fired or laid off from their jobs have started to record the conversations with their managers or human resources representatives and post it on social media platforms like TikTok, Instagram, or X...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - May 2024

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A North Carolina state lawmaker has filed a bill to ban prop bets on college sports in the state, following the call of the NCAA president and similar bans in other states. Durham Democratic Rep. Marcia Morey, a former U.S....more

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