News & Analysis as of

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

Manatt Digital Media - October 2014

Hashtags and Ads: Top 10 Legal Considerations for Brands Involved in Digital and Social Media Advertising - In today’s competitive marketplace, brands are relying heavily on social media and other digital methods to...more

Status Updates - October 2014 #3

..Upward mobility. These days, Facebook videos, taken as a whole, are receiving a total of one billion views a day, and at least 65% of those views are occurring on mobile devices, Facebook VP of global marketing solutions...more

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part I

Understanding the Once And Future Native Advertising - What is “Native Advertising”? The definition of “native advertising”, or simply “native”, is admittedly an elusive one. There are many definitions put forth...more

Status Updates - September 2014 #8

..Pin Money. Brands of all sizes have long used the virtual pin board/social media site Pinterest to promote their wares and drive traffic to their web sites. Beginning in October 2014, companies will be able to purchase paid...more

Status Updates - July 2014 #14

..Going mainstream. For the first time, both Twitter and Facebook are seeing significant growth in online advertising placed by major companies for brands such as Heineken, Tide, McDonald’s, and Charmin. Major consumer...more

Recent FDA Draft Guidance Addresses Social Media Challenges Faced by Drug and Device Companies

The first draft guidance discusses how drug and medical device companies may promote their products using character space limited social media (e.g., Twitter) and Internet advertisements (e.g., Google search engine...more

TCPA Connect - July 2014

TCPA Suit Claims Obligation To Check Recycled Numbers - The latest company to fall prey to a Telephone Consumer Protection Act (TCPA) class action?: Twitter, facing a California suit from a plaintiff who claims...more

Status Updates - July 2014

..Twitter is rolling out a new type of advertising that reportedly has been very successful for Facebook’s mobile business — mobile-app install ads, which link directly to games and other apps in popular mobile app stores...more

FDA Releases Long-Awaited Guidances on Character Limitations and Misinformation on Internet/Social Media

In two separate guidances, the Food and Drug Administration (FDA) advises prescription drug and device manufacturers on its "current thinking" on advertising through space-constrained social media (e.g., Twitter) and on the...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

Social Media Marketing: Caging the Un-Caged Tweeter

It is easy to forget that social media is really a form of advertising, and therefore, subject to federal and state laws and regulations, as well as industry guidelines. In contrast to traditional advertising, which involves...more

Privacy on Facebook, Twitter, etc.

After the settlement approved by the US District Court of Northern California obliging Facebook to pay $20 million for putting users’ names and faces in “Sponsored Story” ads without their permission and without paying them,...more

McAfee & Taft tIPsheet - June 2013: Short attention spans

LIKE IT? TWEET IT? PIN IT? Online advertising is becoming more critical to marketing departments and brand owners everywhere. Using Facebook, Twitter, Pinterest and other social media avenues to promote brands is a seismic...more

Stop Insider Tweeting! -- Feds eye social media for securities shenanigans

As financial institutions and investors turn to social media to instantly share snippets of news and potential clues about market trends, the FBI and SEC are monitoring such postings for evidence of insider trading and...more

Another Nominative Fair Use Example?

Twitter seems to be going strong, despite early questions about whether it would ever shed the notion of being a waste of time, as evidenced by this currently running billboard ad...more

How Can Lawyers Take Advantage of Twitter’s Growing Media Star Power?

Couple of weeks back, Twitter started looking for a news chief. The job description? Figure out how to maximize the relationship between the world’s real-time information tool and the mainstream media....more

The New FTC Dot Com Disclosures - the FTC Updates its Digital Advertising Guidelines for the Twitter and Facebook Age

In what seems like a lifetime ago –and in the fast moving world of the Internet maybe it is – back in May 2000 the Federal Trade Commission issued “Dot Com Disclosures: Information about Online Advertising" to provide...more

Network Interference: A Legal Guide to the Commercial Risks and Rewards of the Social Media Phenomenon (2nd Edition)

In October 2009, we published the first edition of this White Paper, focusing primarily on social media issues in the United States. The response was overwhelming and far beyond our expectation — clients, friends, press and...more

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