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News & Analysis as of

Social Links: Twitter’s troll problem; Snapchat fat-shamer risks conviction; a federal anti-revenge-porn law?

Facebook Messenger joins the elite “one billion monthly users” club just four years after its release as a standalone app....more

FTC Acts Against Warner Brothers’ YouTube Promotion Campaign: Disclosure of Affiliation Below the “Fold” Is Not Enough

Last week, the FTC announced an agreement containing a consent order, subject to final approval, resolving its claims against Warner Bros. Home Entertainment Inc. (“Warner Bros.”) for the company’s misleading use of social...more

FTC Continues to Scrutinize Social Media Influencer Programs

This week, as part of its ongoing focus on influencer programs, the Federal Trade Commission (FTC) settled charges against Warner Brothers Home Entertainment, Inc. regarding its use of such a campaign to market the video game...more

Social Links: Kids roll eyes as parents embrace Snapchat; teen sues Snapchat over sexual content; Snapchat to become less...

Snapchat has caught on with “oldies” (that’s people 35 and older, FYI). The Chinese government has forbidden online media from reporting news spread on social media sites. A 14-year-old and his mom are suing...more

5 Reasons Nobody is Seeing Your LinkedIn Updates (the 5th reason will surprise you)

This last week in NYC I met with a frustrated Marketing Director who finally convinced their Managing Partner to share an article to LinkedIn as an update. You know, those articles that show up on LinkedIn’s Facebook-like...more

Social Links: Livestreaming goes mainstream; social-media-use guidance for judges; three years in jail for trolling?

Facebook signs more than $50 million worth of deals with media firms and celebrities to create videos for its live-streaming service....more

When is the best time to share? It depends.

If a tree falls in the forest and nobody is there to hear it, does it make a sound? Philosophical thought experiment - For the first five years of my consulting business, I gathered data and case studies on...more

LinkedIn + Microsoft: A win for the social media eco-system

By now, it’s old news that Microsoft purchased LinkedIn for $26.2 billion dollars in cash. Tech sites, Time, and even the Moody ratings agency have been fairly critical of Microsoft massively overspending on this acquisition....more

Social Media Guide for Lawyers v. 3.0: Social Media Marketing and Ethics Guide

One major roadblock preventing a lawyer from engaging in social media marketing is the uncertainty surrounding how the advertising ethics rules apply to social media. This section will set forth the applicable lawyer...more

Social Links: Social’s potential to upend the investment industry; online ad fraud; a proposal to fix Twitter

Social media has upended a number of industries. Is Wall Street next? Facebook is getting into the video game live-streaming business....more

Social Links: Publishers claim ad blockers violate FTC rules; Twitter bags its “buy button”; has the IoT gone too far?

The Newspaper Association of America has filed a first-of-its-kind complaint with the FTC over certain ad blocking technologies. Is it “Internet” or “internet”? The Associated Press is about to change the capitalization...more

Quirky Question #279: Concerted Activity in 140 Characters or Less

Question: I am a manager in a medium-sized retailer that has locations and employees in 16 states. The company maintains a social media policy, which was recently updated. ...more

Social Links—Twitter loosens up; case against Google stands; should millennials be in charge of big social media campaigns?

Here’s how Twitter is loosening up its 140-character limit. The federal government will now check the social media history of prospective employees before granting them security clearance....more

CFPB launches Spanish-language Twitter and Facebook accounts

The CFPB recently announced that it has launched official Spanish-language Twitter and Facebook accounts.  The CFPB previously launched a Spanish-language website and recently updated the translations on the “Ask CFPB”...more

Social Media Competitions in the UK: Play Fair

With 1.65 billion users on Facebook, 332 million users on Twitter and 400 million on Instagram, it is unsurprising that many companies are seeking to increase brand awareness and customer engagement by running competitions...more

Friday Links—The most disliked movie trailer ever; using social media to plan trips and land job interviews; and more.

Facebook users spend more time on the platform than they spend pursuing any other leisure activity, except TV. Indeed, 1/16th of the average user’s waking time is spent on the platform. The most disliked movie trailer in...more

News of Note for the Internet-Minded – 4/28/16

Several companies cast an eye toward the Internet of Things, Twitter’s AI gets pretty good at live video, some industry giants get behind the driverless car, and more … Samsung launches a place in the cloud just for...more

Lawyers, Can We Please Talk About Auto Direct and Private Messages?

Okay, raise your hands if, out of the blue, you’ve received a private message on LinkedIn, Twitter or Facebook that was so disconnected from your world that you wondered what that person was thinking....more

Best times for professionals to post to social

The world is full of coincidences. Once in the airport of Salt Lake City, I ran into Natalie Cook on her way to Romania to do missionary work there. I had met her in high school, so we had a brief conversation and I wished...more

#Concerted Activity in 140 Characters or Less

Employees have increasingly voiced concerns on social media regarding their employment, often including specific statements about their employers. As previously discussed on this blog, an employee’s Facebook post related to...more

Socially Aware: The Social Media Law Update Volume 7, Issue 1

Three Steps To Help Ensure The Enforceability Of Your Website’s Terms Of Use - Operators of social media platforms and other websites typically manage their risks by imposing terms of use or terms of service for the...more

Top 10 Topics for Directors in 2016: Social Media

Social Media - Companies that ignore the significant influence that social media has on existing and potential customers, employees and investors do so at their own peril. Last quarter, Facebook reported daily active...more

2015: Our Greatest Hits

Last year, entrepreneurs, companies and courts grappled with questions over content owners’ rights with respect to livestreaming, Yelp reviewers’ anonymity expectations, bankruptcy creditors’ access to business’ Facebook and...more

Five Lessons from a Social Media Survey of In-House Counsel

Just before Thanksgiving, Greentarget and Zeughauser Group released their 5th annual State of Digital and Content Marketing report. This year’s survey included responses from 181 in-house counsel (IHC) about their use of...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

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