New York courts are increasingly ordering the production of social media posts in discovery, including personal messages and pictures, if they shed light on pending litigation. Nonetheless, courts remain cognizant of privacy...more
Facebook’s four-year battle on behalf of its users, seeking to quash 381 warrants obtained by the New York County District Attorney’s Office, has come to a close. The decision of the New York Court of Appeals—which is New...more
Mixed Messages: Courts Grapple With Emoticons and Emoji -
Emoticon and emoji are ubiquitous in online and mobile communications; according to one study, 74 percent of Americans use emoticons, emoji and similar images...more
Attorneys often research adverse parties online to obtain potentially useful—and publicly available—evidence for use in a case. But, as an ethical matter, may an attorney access information available only through an...more
Welcome to the newest issue of Socially Aware, our Burton Award winning guide to the law and business of social media. In this edition, we offer tips for a successful—and legal—advertising campaign; we examine a New York...more
3/9/2016
/ Advertising ,
B2C ,
Big Data ,
Digital Goods ,
Discovery ,
Discovery Rule ,
EU ,
Facebook ,
Federal Trade Commission (FTC) ,
Internet Retailers ,
Marketing ,
Mobile Apps ,
Native Advertising ,
Social Media ,
Terms and Conditions ,
User-Generated Content
While discovery of social media information has been commonplace for some time, courts are still struggling with when such discovery should be allowed. While courts generally hold that normal discovery rules apply to social...more
Five social media law issues to discuss with your clients -
The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this...more
10/15/2015
/ Anonymity ,
Anti-Retaliation Provisions ,
Blogging Platforms ,
Browsewrap Agreement ,
Class Action ,
Clickwrap Agreements ,
Commercial Bankruptcy ,
Customer Lists ,
Data Privacy ,
Data Protection ,
Data Security ,
Defamation ,
Discovery ,
Discrimination ,
Electronically Stored Information ,
Employee Privacy Rights ,
Employee Training ,
Enforceability ,
EULA ,
Evidence ,
Facebook ,
Facebook Friends ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Hiring & Firing ,
Human Resources Professionals ,
Internal Investigations ,
Job Applicants ,
Mobile Apps ,
Motion to Compel ,
NLRA ,
NLRB ,
Online Endorsements ,
Online Reviews ,
Passwords ,
Policies and Procedures ,
Popular ,
Privacy Policy ,
Protected Class ,
Protected Concerted Activity ,
RadioShack ,
Representations and Warranties ,
Screening Procedures ,
Section 5 ,
Social Media ,
Social Media Account Ownership ,
Social Media Policy ,
Subpoenas ,
Terms and Conditions ,
Terms of Use ,
Third-Party ,
Unfair or Deceptive Trade Practices ,
Workplace Investigations
Judge Richard J. Walsh began his opinion in Largent v. Reed with the following question: “What if the people in your life want to use your Facebook posts against you in a civil lawsuit?” With the explosive growth of social...more
Welcome to the newest issue of Socially Aware, our Burton Award winning guide to the law and business of social media. In this edition, we present a “grand unifying theory” of today’s leading technologies and the legal...more
7/29/2015
/ Advertising ,
Consumer Bankruptcy ,
Copyright Infringement ,
Creditors ,
Data Collection ,
Data Storage Providers ,
Digital Assets ,
Discovery ,
Electronically Stored Information ,
Evidence ,
Facebook ,
Federal Trade Commission (FTC) ,
Hashtags ,
HBO ,
Live Streaming ,
Marketing ,
Online Reviews ,
Retail Tracking ,
Sanctions ,
Showtime ,
Social Media ,
Spoliation ,
Trademarks ,
Twitter ,
Yelp
As social media has become ubiquitous, courts are wrestling with more discovery disputes involving social media accounts.
In a recent case, Crowe v. Marquette Transportation Co. Gulf-Inland, LLC, the plaintiff...more
According to a federal judge in Oklahoma in Pre-Paid Legal Services, Inc. v. Cahill, simply sharing information about a new job over social media does not mean that you are inviting former co-workers to come join you in...more
In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we explore the challenges that arise when employers and employees battle over work-related social media accounts; we...more
2/1/2013
/ Browser History Sniffing ,
Communications Decency Act ,
Copyright ,
Data Collection ,
Facebook ,
FCC ,
Federal Trade Commission (FTC) ,
Online Privacy Protection Act ,
Passwords ,
Privacy Policy ,
Social Media ,
Social Media Policy ,
TCPA ,
Texting ,
Twitter