News & Analysis as of

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

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

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

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

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

Social Media Pitfalls In Divorce

These days social media is ubiquitous. Everyone, young and old, enjoys some form of social media — from Facebook to Twitter to Instagram– we are all spending significant time posting our life happenings, likes and dislikes,...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

CPSC Clarifies Changes to Monthly Recall Report Form

In May, we advised readers conducting recalls that the CPSC’s new monthly “recall progress report” form may catch you by surprise. Among other changes, the form included new provisions requesting companies to report recall...more

Status Updates - October 2014 #5

..Big Brother isn’t just watching. A single mother in upstate New York was surprised to find that she had a Facebook page in her name, complete with photos of her, her son, and her niece. She hadn’t actually set up the page....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

Status Updates - October 2014

..Where are the CEOs? According to a new study, fully two-thirds of the CEOs of the Fortune 500 have no personal social media presence at all. And of the ones who do participate in social media, two-thirds use only one of the...more

Using Social Media? Beware of Ethical Pitfalls (Part 2)

With the increasing use of social media by attorneys comes ethical risk. In Part 1 of the blog post, we discussed the risks involved with posting about ongoing matters and blogging without a disclaimer. Here are more tips to...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

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