IP | Trend: Data in the Cloud is the Next Big Storm?
Student privacy has become a focal point in the education sector. While media attention has largely focused on activities in Washington, we believe it is also critical for schools and Ed Tech companies to pay closer attention...more
Plaintiffs, two minors who used their parents’ money to make purchases on Facebook without parental consent, brought a putative class action against the company, alleging its policy of representing purchases as non-refundable...more
While a universally accepted definition of the Internet of Things (IoT) does not yet exist, the phrase has been coined to refer to the ability of everyday objects to connect to the Internet and to send and receive data. Thus,...more
NAD: A Product Can’t be The “#1 Prescribed Brand” Without Other Prescribed Brands -
A “#1 brand prescribed” claim implies that professionals have a choice in prescribing brands, the National Advertising Division...more
Today a delegation of Facebook is meeting with the Belgian ‘Secretary of State’ responsible for Privacy, Bart Tommelein. The subject of conversation are Facebook’s new terms of service and data policy, which are claimed to be...more
Tinder, a popular mobile dating app, recently shut down an ad campaign from Gap, stating that the campaign violated the app's terms of service. Gap's failure to comply with Tinder's terms of service is a cautionary tale for...more
Operators of social media platforms and other Web sites must manage a large number of risks resulting from their interactions with users. In an effort to maintain a...more
Businesses are increasingly facing class action lawsuits alleging they have violated someone’s privacy, including under state or U.S. laws. Most states have privacy statutes, including California with its Invasion of Privacy...more
Convenience, accessibility, and cost have led companies and their employees to put an increased amount of data in the cloud. But, does this put corporate data at risk? Attorneys Seth Northrop and Sam Walling discuss some of...more
Too many companies/lawyers treat website Terms of Service (TOS) as boilerplate agreements that no one reads. Many companies simply put a link at the bottom of the homepage. This approach continues to prove ineffective, as...more
Almost all social media sites contain “Terms of Service” (“TOS”). Are they enforceable against users? It depends on the presentation and the issue....more
The online fine print - those terms and conditions that you agree to when you buy something online - it really does matter where those terms are placed in the checkout process. A recent US case illustrates this point. In...more
General Mills incurred blowback on social media earlier this year when it was suggested the company sought releases for all claims whatsoever from anyone who visited the company Facebook page. The truth, as always, was not as...more
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
This morning my friend Michelle Golden posted the story about an individual named Heather Bussing that deleted her LinkedIn account because she disagreed with the terms of services. You can see the entire post here: Why I...more
Recently, a California court dismissed a plaintiff’s claims that Instagram’s updated Terms of Services constituted a breach of the covenant of good faith and fair dealing implied in all contacts because Instagram took...more
According to a February 21, 2014, news release, Facebook has made two updates to its policies regarding the accounts of deceased users.
Previously, Facebook allowed one of two options for a deceased user’s account. ...more
With the short Thanksgiving week, I thought we would touch on a few interesting stories developing over the last couple of weeks.
Photographer gets $1 million+ verdict from AFP and Getty for copied Twitpics -
Google has recently announced changes to its terms of service that will allow Google to incorporate its users’ photos, comments and names in advertisements. This new policy will go into effect on November 11th....more
Last week, a California federal judge allowed a class action to move forward challenging Google’s scanning of emails and targeted email advertising, rejecting Google’s claims of express and implied consent in its Terms of...more
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
In Ajemian v. Yahoo Inc. (May 7, 2013), a Massachusetts court considered this question. Two brothers, who administered their brother John’s estate, brought a lawsuit against Yahoo for access to email messages of their...more
Scott & Scott, LLP attorney, Christopher Barnett, asks whether Google's Glass restrictive Terms of Service could be imitated by other consumer product manufacturers....more
Morrison & Foerster’s Sherman Kahn Interviews American Arbitration Association Vice President, Sandra Partridge.
Many companies are providing for arbitration of disputes in their terms of service agreements governing...more
Back to Top