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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

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

Obermayer Rebmann Maxwell & Hippel LLP

When OnlyFans Meets Your Divorce

OnlyFans… it’s not just for following your favorite professional athlete, musician, chef, or artist, which, if you are unfamiliar with the site, you may think that’s what it’s for. However, by and large, OnlyFans has a...more

Husch Blackwell LLP

Utah Proposes Rules for Social Media Regulation Act

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Keypoint: The Utah Division of Consumer Protection published proposed rules regulating social media companies under Utah’s Social Media Regulation Act. On October 15, 2023, the Utah Division of Consumer Protection (the...more

Venable LLP

Embedded Instagram Content Passes the Server Test, According to Ninth Circuit

Venable LLP on

On July 17, 2023, the Ninth Circuit affirmed the applicability of the "Server Test" to embedded content on third-party sites and affirmed dismissal of a copyright action in favor of defendant, social media platform Instagram....more

Polsinelli

Data Scraping Update: ‘LinkedIn v. hiQ’ Answers Some Questions but Leaves Many More Open

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2022 provided companies with further clarity and insight regarding legal claims that might be viable to stop data (or web) scraping and those that likely won’t work. Data scraping continues to become an increasingly popular...more

Robinson+Cole Data Privacy + Security Insider

UK Law May Create ‘Duty of Care’ for Social Media Companies

The UK is reportedly considering legislation that would impose a ‘duty of care’ on social media companies to regulate harmful content on their platforms. This push for an online safety bill was triggered by the high-profile...more

WilmerHale

California’s Age-Appropriate Design Code Signals Big Change for Businesses Offering Online Products and Services

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On August 29, 2022, the California Age-Appropriate Design Code Act (the Act) was unanimously approved by the California State Senate. It now awaits Governor Gavin Newsom’s signature....more

Benesch

New California Law Requires Enhanced Privacy By Default And Design For Users Under The Age of 18

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The bill, still awaiting likely signature from Gov. Newsom, will go into effect July 1, 2024 and apply to any business offering online services or products to children. The California Age-Appropriate Design Code Act...more

Ervin Cohen & Jessup LLP

Personal Jurisdiction in the Digital Age

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The concept of “presence” for jurisdictional purposes has evolved with the widespread use of websites, social media and other digital platforms. A company or individual may have no physical presence in a forum, but may...more

Dorsey & Whitney LLP

Influenced by Social Media Marketing, the Ninth Circuit finds Personal Jurisdiction over Foreign Defendant under Federal Rule...

Dorsey & Whitney LLP on

In a recent decision, the Ninth Circuit Court of Appeals found that an Australian cosmetic company is subject to the personal jurisdiction of a federal district court in California despite having no traditional “minimum...more

Smart & Biggar

French language requirements in Québec: Part 3 – Language used in commercial publications, including websites and social media

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This third article of the French language requirements in Québec series will address the French language requirements for commercial publications. For an introduction to the Charter of the French language (R.S.Q. c. C-11)...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2020

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In This Issue - Influencer Marketing: Top Business and Legal Considerations for 2020 - Although influencer marketing is an ever-larger part of marketing budgets, questions have arisen about the longevity of influencers as a...more

ArentFox Schiff

New Guidelines Cement FTC’s Strong Influence Over Influencer Marketing

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The Federal Trade Commission (FTC) this month issued new guidance on the use of social media influencers in marketing campaigns. And though it breaks little new ground, the guidance provides perhaps the clearest examples yet...more

Sunstein LLP

Exploitation of Publicly Available Website Data May be Unstoppable

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Data scraping is a technique by which automated tools are used to extract data from a website and format the data for analysis. Many companies mine website users’ publicly accessible data in order to tailor products and...more

Epiq

Not Even Bots Are Safe From California Law Makers

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In October 2018, California passed the Bolstering Online Transparency Act (BOT Act), which prohibits online bots from hiding their identities in order to appear as a human user. The human-like persona is used to deceive...more

WilmerHale

Deepfake Legislation: A Nationwide Survey - State and Federal Lawmakers Consider Legislation to Regulate Manipulated Media

WilmerHale on

Federal and state lawmakers across the nation are considering legislation to address what they see as the rising dangers of “deepfakes.” Deepfakes are false yet highly realistic artificial intelligence (AI)-created video,...more

International Lawyers Network

Technology has Changed How We Build Relationships. Lawyers, are you Ready?

We know and are comfortable with the idea that the legal industry is a business of relationships. Lawyers do good work, their clients talk about it (hopefully) and that brings them other clients. That’s the basic principle...more

Faegre Drinker Biddle & Reath LLP

California’s BOT Disclosure Law, SB 1001, Now In Effect

The B.O.T. (“Bolstering Online Transparency”) Act, enacted last year pursuant to SB 1001, has gone into effect in California. As of July 1, it is unlawful for a person or entity to use a bot to communicate or interact online...more

Latham & Watkins LLP

RuNet Law: New Russian Law Could Significantly Impact Telecom and Internet Providers and Social Media Platforms

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Broadly written rules would allow the Russian government greater central control over content and data flows, and greater access to users’ information. On May 1, 2019, the Russian President signed draft law No. 608767-7,...more

BCLP

DCMS Online Harms white paper and regulation of internet companies

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Online content in the UK is to be regulated by a new internet regulator. A white paper consultation was published on 8 April 2019 by the UK government Department for Digital, Culture, Media & Sport (DCMS). The proposals...more

Hanzo

Websites Have Evolved—It’s Time for Ediscovery to Follow Suit

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Remember the original internet, with its clunky graphics and minimal information? You might not remember doing much online back in the 1990s, because frankly there wasn’t yet a lot of worthwhile content to engage with....more

K&L Gates LLP

Digital Crisis PR: Removal of Unlawful Content from Digital Platforms

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Whether you are an individual, a start-up, or a multi-million dollar corporation, there is an art to removal-or “takedowns”- of unlawful content or negative reviews that have been posted about you or your business online. In...more

Bennett Jones LLP

Website Prices, Influencers and Big Data: Marketing in Canada’s Digital Economy

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Prices on e-commerce platforms, social media influencers and the use of big data are trending right now under the deceptive marketing provisions of Canada’s Competition Act....more

Dorsey & Whitney LLP

Court Case Finding that Embedded Photos Can Trigger Copyright Liability Certified for Appeal

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A New York federal district court has certified for appeal its recent decision in a pending case involving the unauthorized use of a photographer’s photo by a number of media outlets, maintaining the spotlight on the issue of...more

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