News & Analysis as of

Week in Review

According to an article in The New York Times this week, high level executives make up the majority of tablet users in the workplace. That may change, though, as in the workplace tablet usage increases. It was predicted this...more

Backlash Over Facebook Timeline Experiment Serves as a Reminder: User Expectations Still Trump Fine Print

If you are one of the approximately 1.3 billion people who use Facebook, you’ve likely experienced the phenomenon where a single event (like Luiz Suarez biting that Italian guy or pretty much anything involving TSA) manages...more

Status Updates - July 2014 #2

..The New York Court of Appeals has struck down that state’s “cyberbullying” law in a 5-2 decision, finding that it is overly broad and chills First Amendment-protected speech. The case arose when a 15-year-old boy pleaded...more

Status Updates - July 2014

..Twitter is rolling out a new type of advertising that reportedly has been very successful for Facebook’s mobile business — mobile-app install ads, which link directly to games and other apps in popular mobile app stores...more

Fighting Crime in the 21st Century — on Facebook

With the advent of social media sites like Facebook, Twitter and MySpace, police have a new tool at their disposal to fight crime. Oftentimes, unsavvy criminals expose their guilt with a tweet or a status update. However,...more

Have you been thinking about plunging into social media? Plan first.

Organizations that want to engage with tenants, decision makers, or the broader public increasingly find it important to engage through social media. Some organizations have found it necessary to have an active social media...more

The Roundup: Last Week’s Recommended Reading

From Around the Web - Widening the Net: Solo and small firm lawyers are doing the same marketing activities week after week. But they’ll need to expand efforts if they want their firms to actually grow. (Solo Practice...more

FDA Issues Draft Guidance on Promotion on Internet and Social Media Platforms

On June 17, 2014, the FDA issued long-awaited draft guidance documents addressing two challenges related to use of social media to communicate about FDA regulated products: dissemination of information in character-limited...more

Using Social Media to Reap Benefits, Not Liability

A simple search on Linked-In, Facebook, and Twitter reveals that social media is connected with the construction industry in significant ways. In one respect, a growing number of construction professionals intentionally...more

Status Updates - June 2014 #5

..Lately, when Facebook has wanted to increase its users’ engagement on its site, it has turned to taking out ads—on Facebook. The theme is “Where will your friends take you?”...more

Social Media Class Actions Buy the Farm(Ville): Ninth Circuit Dismisses Consumer Claims Against Zynga and Facebook for Sharing...

Farmville is a game that celebrates the digital harvest: players earn Farm Coins by diligently and systematically harvesting their virtual crops. Yet a different kind of digital harvest – the harvest of user data – was at the...more

Embracing Facebook as a News Conduit

I’m a bit of a dinosaur. On a good day, three physical newspapers are dropped at my doorstep. Of the things that motivate me to get out of bed: coffee and those newspapers play a large role. Being a media relations...more

May 2014: Trial Practice Update: Courts, Lawmakers, and Other Groups Grapple with Juror Misuse of Social Media and the Internet

Jurors are expected to decide cases based on evidence they see and hear in the courtroom, after deliberating while sequestered from outside influences. For decades, courts have enforced rules and practices designed to make...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

The Uphill Climb Continues for Privacy Class Actions: Ninth Circuit Affirms Dismissal of Claims Against Facebook, Zynga

On May 8, 2014, the U.S. Court of Appeals for the Ninth Circuit affirmed the U.S. District Court for the Northern District of California’s decision to dismiss with prejudice consolidated consumer class-action claims against...more

Business Law Newsletter - May 2014

In This Issue: - Enforcing Oral Contracts: The Presumption is Against You - You’ve Been Served... A Lawsuit Via Facebook?!?! - Excerpt from Enforcing Oral Contracts: The Presumption is Against...more

How Facebook can Destroy your FDCPA Claim or Debt Collection Lawsuit

Social media can unravel your FDCPA claim or deep six possible defenses in your debt collection lawsuit faster than you say Facebook. It is easy to get a false sense of privacy when we are chatting away with family and...more

A “Dirty” Lawsuit: How a Sex Scandal Could Impact Online Defamation Law

A former high school teacher and NFL cheerleader sleeps with her student. She faces widespread scorn, including scathing Internet comments. Despite the scorn, she becomes engaged to the student....more

You’ve Been Served… A Lawsuit via Facebook?!?!

Imagine you are a trademark owner, and you’ve discovered there is someone out there using your trademark – or something very close to it. You take steps to persuade the infringer to stop using your mark. First, you reach...more

JDB 054: Building Your Law Practice with Social Media with Adrian Dayton

Today on the JDBlogger Podcast our guest is social media expert Adrian Dayton. Adrian is an attorney who transitioned into consulting law firms on building their law practice using social media. Recently the National Law...more

Twitter Usage Linked with Divorce #divorcesurveysays

A new study finds a correlation between Twitter usage and relationship problems, including divorce. The more frequent the Twitter usage, the higher the likelihood of discord in the couple. The study found the same results for...more

Ideal Length for Everything: Research Backed

Let me start out by saying I was wrong — I’ve been wrong about things before. The new research coming out from Buffer.com on this post shows that we may be writing blog posts that aren’t quite long enough....more

FTC Enforces Facebook Policies to Stop Jerk

The Federal Trade Commission (FTC) recently accused the operator of www.Jerk.com (Jerk) of misrepresenting to users the source of the personal content that Jerk used for its purported social networking website and the...more

Social Networking for Jerks: FTC Goes After Site for Scraping Facebook Content

In the 1979 Carl Reiner film The Jerk, a new phonebook is delivered and Steve Martin, playing the title character, rejoices that “I'm somebody now! Millions of people look at this book every day! This is the kind of...more

Week in Review - July 11, 2013

When news broke about the NSA surveillance program, privacy became a hot topic. This week, the debate about how to maintain privacy in the digital age continues with Facebook's recent release of its Graph Search function to...more

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