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News & Analysis as of

Can Offensive Personal Tweets Justify Dismissal?

Most of the case law in the UK on dismissals related to employees' social media activity has been at employment tribunal level and therefore the recent decision of the Employment Appeal Tribunal (“EAT”) in Game Retail v Laws...more

Status Updates - December 2014 #6

Facebook fit. It’s been said that a species’ evolutionary success depends more on its adaptability than any other trait. That apparently holds true for a social media platform’s staying power, too. Facebook continues to...more

Status Updates - December 2014 #4

Instagrowth. Instagram’s relationship with Facebook is turning out to be mutually beneficial. Since Facebook bought Instagram for $1 billion in 2012, the photo sharing platform has passed the 300-million-user mark, surpassing...more

Full Disclosure in Advertising – Recent Guidance from the FTC

Enforcement efforts by the Federal Trade Commission in the area of false advertising have long emphasized the importance of disclosing material facts relevant to advertising claims to ensure that messages communicated to the...more

Status Updates - December 2014 #3

Block party. Twitter has revamped its anti-harassment policies to make it easier to report harassment on the network or to block another account. The change follows recent highly-publicized instances of “Twitter harassment,”...more

What’s Next for the FDA’s Draft Social Media Guidances?

As many of our life sciences clients know, 2014 brought long-awaited draft guidance documents from the FDA regarding three social media-related topics of interest. The FDA provided its much-anticipated views on...more

Status Updates - December 2014

Between a lock and a hard place. Should search engines be responsible for verifying the legitimacy of the companies they include in their search results? A locksmith in Lorton, Virginia, is claiming that they should. Mark...more

Status Updates - November 2014 #12

Forget me not. Twitter launched just eight years ago with this tweet from company co-founder, Jack Dorsey: (Please see photo below.) (Not nearly as dramatic as “Mr. Watson—come here—I want to see you”— but I digress.) ...more

Status Updates - November 2014 #11

Invisible hits. What could possibly be meant by the following tweet? “CA-40/43-44/49-44/44-50/36-44/49-10/16/14-52–>49/476-10s.” According to a recent CNN report, GOP groups tweeted such seemingly meaningless gibberish in...more

Beware of the possibility that jurors may be tweeting and blogging during trial—ignoring admonitions from the trial judge. One...

Many people cannot control their social media impulses and this is now becoming an issue during trials. Disregarding the court’s instructions that jurors are not to discuss the case with anyone during the trial, there are...more

Tweet, Tweet: The SEC Gets Social

The SEC recently issued an investor alert to warn investors about potential fraudulent investment schemes involving popular social media sites such as Facebook, YouTube and Twitter, turning its eye towards investor fraud...more

Status Updates - November 2014 #7

..Laundry time. Make sure you are getting what you’re paying for. That’s good advice in a lot of areas of human endeavor and it’s certainly true of online advertising. We wrote last month about efforts by the online...more

An Update On The Legal Implications Of User-Generated Content: Facebook, Youtube, Twitter, And Instagram

Traditionally, media companies (as well as non-media companies) almost exclusively utilized their own content. However, because of the exponential growth in the public’s desire and ability to interconnect through social media...more

Social Media for Attorneys: Good Business or Ethical Minefield?

Social media websites allow anyone — or more accurately everyone — to communicate and share ideas and opinions with a wide-ranging audience. Websites like Facebook, Twitter, YouTube and LinkedIn provide an extraordinary means...more

Status Updates - November 2014 #3

..Lyfted documents? Uber and Lyft, two ride-sharing companies that are both expanding rapidly and trying to take business away from traditional taxis in cities across the nation, have never been on the best of terms. Their...more

What’s in a Like?

In the pre-Facebook era, the word “like” was primarily a verb (and an interjection sprinkled throughout valley girls’ conversations). Although you could have likes and dislikes in the sense of preferences, you could not give...more

Blog: What You Should Know About Your Company’s Privacy Policy

Except for a handful of laws that apply to specific industries, such as health and financial services, there is no comprehensive federal law that requires companies to have a privacy policy. However, some states, including...more

Internet Free-Speech and the Push Towards Unmasking Online Anonymity

Internet heavyweights including Google, Facebook, and Twitter are backing the popular business review site Yelp in a Virginia Supreme Court case that has gained country-wide attention as having the potential to significantly...more

Status Updates - November 2014

..Cuffed links. The Spanish parliament has passed what is commonly known as the “Google tax,” although it’s technically not a tax and doesn’t apply solely to Google. Rather, it’s an intellectual property law requiring online...more

Status Updates - October 2014 #12

..Unfree speech? In the United States, the First Amendment would likely prevent the prosecution of someone who posted racist or anti-Semitic messages on a social media platform. But social media platforms operate worldwide,...more

Are Browsewrap Agreements Enforceable?

Almost all social media sites contain “Terms of Service” (“TOS”). Are they enforceable against users? It depends on the presentation and the issue....more

Do Employees Have the Right to Access Social Media in the Workplace? Can Employers Block Social Media Websites?

A Pew Foundation study earlier this year found that 87% of all adults in the United States access the Internet or email, either through computers or mobile devices. The same study found that of those adults, as many as 74%...more

Status Updates - October 2014 #11

..Clearing the air. Aereo, the startup broadcasting service that lost big in the U.S. Supreme Court last June, just lost another, and possibly its last, court battle. A U.S. district judge in the Southern District of New...more

Discovery and Social Media

The advent of social media has brought about many changes in the world of litigation, not the least of which is the availability of information that previously would have been impossible to discover. It is hardly an...more

Status Updates - October 2014 #10

..Time change. Until now, Twitter has made a clear distinction between people you follow and people you don’t follow: You only saw tweets from those whom you followed. Now, the service, in what it calls a “timeline...more

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