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SEC Explains How To Use Twitter And Absolves Issuers Of Retweets

Certain rules under the securities laws require certain communications be accompanied by legends. The length of the legend meant that Twitter could not be used because the 140 character limit would be exceeded. ...more

New “Twibel” Defamation Opinion Suggests Online Speech May Be Special After All

Many lawyers smirked and scoffed a few months ago when the popular press began touting the Courtney Love “Twibel” trial as a “landmark” case that would set a “major precedent.” In fact, as discussed further elsewhere, it was...more

Plaintiff Taps Into Anti-Hacker Law To Bring Claims Against Employer Who Posted On Plaintiff's Social Media Accounts

The Fast Laner has previously addressed the headaches accessing employees’ social media accounts can create for employers, and a recent Northern District of Illinois case suggests those fears are well-founded. In Maremont v....more

Who Said That? What Happens During Live Tweeting?

I received a blog post titled Stealing Ideas and Social Media via email this morning from Randall Craig, one of our presenters last week at the LMA, or Legal Marketing Association, ?annual conference?. Randall spoke on Social...more

Twitter, Evidence, Privacy and Social Media

A recent case, albeit one dealing with a governmental subpoena, shows that the SCA may not be the panacea that social networking sites think it is. In People v. Harris, Twitter sought to quash a subpoena it had received to...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

Who Owns Ellen DeGeneres’ Now-Famous Academy Awards “Selfie”?

In 2012, law professor Justin Hughes published an article in the Harvard Journal of Law & Technology that raised serious questions about how courts have analyzed the Copyright Act’s originality requirement as it applies to...more

Get the Most Out of Your Conference Networking Using Social Media

The Catapult Conference is less than two weeks away. Have you started networking with the speakers on social media yet? If your answer is “no,” then you’re missing a big opportunity....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

Have you had your first social media breakthrough?

Did you give up on Twitter within 24 hours of signing up? Did you share a first tweet that said “so, I guess I’m on Twitter,” and then never return? You aren’t alone. And I think I know why. ...more

Valuable $50,000 Twitter Account Allegedly Stolen

There was an interesting January 29, 2014, article on CNET written by Don Reisinger describing how a thief/hacker allegedly hijacked an Internet domain name and e-mail account belonging to Naoki Hiroshima and stole his...more

Prosecutor’s Tweets May Have Been Improper but Did Not Deprive Defendant of Fair Trial

Last month, the Missouri Court of Appeals published its opinion holding that criminal defendant David Polk is not entitled to a new trial. Although the prosecutor may have acted improperly by posting trial updates via...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

Week in Review - December 19, 2013

The holiday season is a time for reflection, including reflection on our technology habits. Many individuals are aiming to be truly home for the Christmas holiday by engaging in digital detox plans and setting their...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

Financial Services Law -- Dec 09, 2013

#Badidea: JPMorgan Chase Stumbles on Twitter - JPMorgan Chase’s recent activity on Twitter provides an example of the need for financial institutions to use caution when using social media....more

Time to Change that Facebook Password

If you haven’t been paying attention to “password hygiene” preached by this blog and others, perhaps it’s time. Jose Pagliery from CNNMoney reports of a large-scale hack that has compromised over 2 million passwords at...more

Bernstein Shur Business and Commercial Litigation Newsletter #34

We are pleased to present the 34th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight news that will have an impact on business and litigation, including articles and links...more

Twitter’s All-Male Board Fuels Debate over Leadership Diversity

Amid the optimism surrounding Twitter’s blockbuster IPO last week came a disappointing reflection on America’s progress (or lack thereof) in improving boardroom diversity....more

A Bird In The Hand Is Worth … Nothing If You Can’t Really Sell It

A pair of investment firms recently filed suit against Twitter in the Southern District of New York, alleging that Twitter had fraudulently refused to allow them to sell its private stock in advance of its much-anticipated...more

The IP in Twitter’s IPO

Barring any unforeseen setbacks, Wall Street is aflutter as Thursday marks the latest in social media IPOs – Twitter…and we all remember how well Facebook’s IPO went....more

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