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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

Advertising Law - October 2015 #2

"Flying Rabbi" Suit Crash Lands in NY Appellate Court - A New York man was unsuccessful in his lawsuit accusing Jimmy Kimmel of misappropriating his image during a skit on the late night TV show, Jimmy Kimmel...more

Periscope, Meerkat, HBO and the Live-Stream Dilemma

With live-streaming apps Periscope and Meerkat becoming increasingly popular, the introduction of a “live” element in the social media game is creating unique business and legal concerns. While most of the videos streamed on...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

SEC Busts Overseas Social Media Fraud

A settled SEC enforcement action describes an alleged interesting social media fraud. Two defendants that reside in India were alleged to have been behind the fraud. According to the SEC the scheme was an online...more

Manatt Digital Media - September 2015

In this month's newsletter we highlight some of the latest activities in the digital video space. Social media, mobile and over-the-top (OTT) viewing continue to make waves in the media landscape, creating new opportunities...more

When HR Meets Law: Social Media in Recruitment

(Chinese & English version) In recruitment,the use of personal information collected via social media platform may create risks of discrimination and privacy invasion. With the revolution of information technology,...more

Another Circuit Court Recognizes Schools’ Right to Discipline Students for Off Campus, Online Misconduct

In a recent case, the Court of Appeals for the Fifth Circuit joined four other circuits in recognizing the right of school districts to discipline students for at least some off-campus, online speech if the speech reasonably...more

Twitter, the DMCA and Copyright in the Age of Sharing

As social media platforms continue to find new ways to allow users to share, post, and forward nonoriginal content and users become more engaged in the practice, the platforms hosting the content and disgruntled original...more

The e-Workplace: Balancing Employer and Employee Rights

Facebook. Twitter. LinkedIn. YouTube. Blogs. Email. Texts. Social media and the “E-Workplace” have become a fact of life for all employers. Companies have learned that these social media sites can be powerful marketing tools,...more

Social Media Week Part V – Tools and Apps for the Compliance Practitioner

To conclude this week’s posts, I wanted to list some of the more prevalent social media tools, explain what they are and how you might use them in a compliance program. (As usual I got carried away so this series will...more

Manatt Digital Media - July 2015

In this edition, we reflect upon the key digital media events of the first half of 2015 and present the major deals, developments and trends across video, music, gaming and virtual reality....more

Why Social Media Matters

Not many born before 1990 would argue with the assertion that, in our lifetime, the Internet has changed just about everything. Here are a few examples: Postal mail (“snail mail”) is well on the way to obsolescence. The...more

Twitter Terrorism: Criminals Choose the Hack Attack

In what appears to be yet another brazen demonstration of capability following an earlier hijack of government social media sites, a group calling itself the Syrian Electronic Army (SEA) recently hacked into the U.S. Army’s...more

Manatt Digital Media - January 2015

Welcome to MDM Newsletter #5—and to an entirely new year of Digital Media machinations. What better way to start the year than first recapping the last one—then predicting major themes for 2015—and then ending things up with...more

Status Updates - January 2015 #4

Social drinkers. The founder of the Lagunitas Brewing Company decided to drop a lawsuit that he’d filed against Sierra Nevada for trademark infringement after beer drinkers expressed their disapproval of the suit on Twitter. ...more

2014 Top 10 SEC Enforcement Highlights

Mary Jo White was confirmed in April 2013 as Chair of the Securities and Exchange Commission (the “SEC”), becoming the first former United States Attorney to serve in that role. Given her background, and despite criticism...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 #6

That’s a lot of latte. It turns out that Starbucks—not a company in the mobile payments business—was the first company to make in-person payments by mobile phone mainstream. According to recent statements by the coffee...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

Socially Aware - Volume 5, Issue 2 - April 2014

In This Issue: - Employer Access to Employee Social Media: Applicant Screening, ‘Friend’ Requests and Workplace Investigations - Driving Under the Influence (of Google Glass) - U.S. Courts’ Evolving Approaches to...more

Owning your online presence

Originally posted on The National Law Journal on February 14, 2013 “What if someone says something negative about me online?” This is probably the most common question lawyers ask me. The sad truth is that many lawyers...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

Injured Workers' Facebook Friends Not Always Friendly

Last week I had two cases involving two different workers' compensation insurers trying to use an injured worker's social media online presence to deny benefits. In the first case, the adjuster sent the hearing officer copies...more

Analysts’ Financial Disclosures on Facebook Lead to Fine and Termination

In my talks about technology, one of the things I try to emphasize is that there is no “one size fits all” to your social media and technology policy. As an example, I often talk about how financial industries have...more

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