News & Analysis as of

Franklin v. The Daily Holdings, Inc. - New York Supreme Court, Appellate Division, 1st Judicial Department

In defamation suit arising from report of nightclub confrontation between rappers, New York appellate court holds that plaintiff adequately alleged that published statements taken out of context from his Twitter post were...more

Digital Defamation Update: Recent Decisions Highlight Issues with Tweets, Hyperlinks

The rapid spread of social media sites has opened up unparalleled opportunities for voices that might have once gone unheard to resound across the world. While these channels can be undeniably advantageous in many contexts,...more

JDB 079: Can Lawyers Really Get Clients through Social Media?

For many lawyers the whole concept of social media is just a big waste to time. And it can be. Whether it is Facebook, Twitter, LinkedIn, or Google+ social media is a guilty pleasure for most, but can it actually be a...more

Technological Change and Economic Growth

Google, Facebook, Twitter, WhatsApp, Zynga, Airbnb, Uber etc etc. These are all companies that have come from nowhere and are now market leaders in an increasingly mobile and digital world. They have built their brands and...more

This Week In Securities Litigation

The New York AG may have launched a new trend this week. Using the Martin Act, he filed a settled action against the largest coal producer in the nation alleging false statements regarding the firm’s ability to project the...more

Gambling Companies Hit a Triple Bogey

Gambling companies Hillside (UK Sports) LP t/a Bet365 (“Bet365“), Coral Interactive (Gibraltar) Ltd (“Coral“) and Petfre (Gibraltar) Ltd (“Totesport”) were recently challenged by the UK advertising regulator, Advertising...more

During Mizzou Protests, Social Media Giveth and Taketh Away

There was a bizarre twist this week in the developing story about racial unrest at the University of Missouri. On Monday, protestors attempted to prevent the news media from taking photos of protestors. On Tuesday, they...more

SEC – DOJ Charge Author of False Stock Tweets

“What could you arrest them for?” asked the Scottish tweeter who just made $97 total manipulating two stocks. “@dunragit are you serious? Did you read my post? It’s called securities fraud.” It would be difficult to find the...more

Discipline Based on Social Media Activity – An Update

Social media is no longer trendy. It’s commonplace, and so is discipline imposed because an employee posts something inappropriate. According to a Proskauer survey, 70 percent of employers report taking disciplinary action...more

Social Media and Practice: Questions Attorneys Should Ask Now

Social media users number in the billions. Facebook counts over 1.4 billion users, LinkedIn has 347 million members, Instagram has 300 million, Twitter has nearly 290 million, and YouTube reports more than a billion users....more

Getting A Handle on Twitter

With over 300 million active users, Twitter has become one of the top social media platforms and an important communication tool for individuals and businesses alike. People flock to Twitter to “discover what’s happening in...more

Social Media Compliance Policies: Your Company Needs One

Use of social media is ubiquitous in today's society. This is astounding when you think back to 2004 and realize that social media did not exist then. Fast forward ten years and by September 2014, 58% of all American adults...more

Hacker arrests and prosecutions update

We previously reported that alleged Ukranian hacker Sergey Vovnenko, also known as “Flycracker,” “Fly” and “Darklife” was extradited from Italy, arrested and charged in New Jersey federal court for his part in disbursing the...more

Goldman Sachs Just Exposed Twitter for What it Really Is

When Goldman Sachs announced earlier this month that they would cut out the middle men and release their earnings on Twitter, the Internet predictably lit up with chatter about how Goldman’s move could signal a revolution in...more

CIA Director’s email account hacked

An anonymous hacker has contacted the New York Post to explain how he was able to hack into the CIA Director’s AOL email account. According to several reports, a high school student and his two friends implemented social...more

To Tweet or Not to Tweet: Social Media and Intellectual Property Issues

Social media platforms are very useful, but they also create legal issues. Without question, social media has changed the way businesses communicate with their clients and consumers. Likewise, social media has changed the way...more

Twitter Sued for Modification of Hyperlinks

We often espouse the value of comprehensive, up-to-date terms of service (TOS) that consistently reflect your current business. And for good reason! Plaintiffs’ attorneys will scrutinize your TOS before helping your users sue...more

Social Media Is the Kardashians of E-Discovery

Now that Taylor Swift has supplanted Kim Kardashian West as the queen of Instagram with 50.6 million followers, will people stop talking about her and the rest of the Kardashian clan? Of course not. As of October 2015, Kim...more

Status Updates: People-rating app proves unpopular; new tech automates compelling-photo selection; Twitter 101 for the political...

Bad reviews. On September 30th, the soon-to-be-launched app Peeple was described by the app’s co-founder, Julia Cordray, as a “Yelp for people,” that is, a people-rating platform that would allow users to assign number...more

Twitter Ordered by Irish Court to Disclose Information about Author of Tweet

Twitter International Company (TIC) in Dublin, Ireland was reportedly ordered by a High Court to disclose data about the source of tweets about a whistleblower. The tweets, which included allegations of insurance fraud, are...more

Social Media Brings the Right of Publicity to the Masses

Do you consider yourself famous? If the answer is no, then you have likely never been concerned with the invasion of your right of publicity. The right of publicity is the right of a person in his or her identity—name or...more

Are You Sharing or Relinquishing Your Rights on Social Media?

Considering the meteoric growth of social media websites like Facebook—which had 1.44 billion active users in the first quarter of 2015[1]--the ecosystem of individuals and businesses that should be cognizant of the legal...more

How UK Brands That Use Vlogger Endorsements & Social Media for Marketing Can Stay on the Right Side of the Law

Vloggers have become the reality stars of our times. For an increasing number of social media users, what was once a hobby is now a lucrative career. You may be surprised to learn that Felix Kjellberg (aka “PewDiePie”), a...more

Discovery Rules Continue to Evolve for Cases Involving Social Media

Your social media content is not only susceptible to hacking; it’s also susceptible to disclosure requests from civil litigants (see our Sept. 14 blog post for more details) and even prosecutors without your consent if they...more

FRANCHISOR 101: Franchise Systems Can Fight Online Negativity

One of today's challenges faced by franchisors and franchise systems is negative remarks posted online by a customer, ex-employee, or even a dissatisfied franchisee. Negative comments appear in sites created specifically to...more

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