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Don’t Assume Your Instagram Is Private

by Fox Rothschild LLP on

In February 2018 we wrote about a recent New York appellate case making clear that those who post information about themselves on Facebook are going to have a difficult time asserting that the posting is private and not...more

AD-ttorneys@law

by BakerHostetler on

In This Issue: - PayPal Pays Peer-to-Peer Penalty - Pabst Sub-Brew Accused of Using City Water - FTC Takes Second Swing at Alleged Telemarketing Terror - California DAs Brew Up Cup of Claims - Digital Influencers Pose...more

Pa. Courts Provide New Guidance on Social Media in Litigation

by Pepper Hamilton LLP on

Two recent decisions in Pennsylvania have contributed to the ever-growing body of law covering social media in litigation, providing new guidance to litigants and attorneys on the discoverability, admissibility and relevance...more

When Social Media Use Is Conditional On Terms And Conditions

by Fox Rothschild LLP on

In the age of social media, new platforms struggle to dethrone the reigning kings of Twitter, Facebook, and Instagram. But one application, Vero, has gained traction in its attempt to replace Instagram. Launched in 2015,...more

Instagram’s Effect On The Art World

by Fox Rothschild LLP on

In recent art world news, popular social media site Instagram has been having a significant effect on the art world since its launch in 2010. The photo and video sharing app has evolved into the cornerstone of the art world...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

The US government’s determination that Broadcom’s hostile takeover bid of Qualcomm “could pose a national security risk” is complicating an already high-stakes (and unwelcomed) overture by Broadcom. The Committee on Foreign...more

From Snaps to Tweets: The Craft of Social Media Discovery

by Pepper Hamilton LLP on

Social media may contain a treasure trove of evidence bearing on claims in litigation, but parties must take care to tailor their discovery requests to information that is both relevant and proportional to the needs of the...more

Checking in with the FTC’s Bureau of Consumer Protection – Trends, highlights, new developments, and what lies ahead

by Hogan Lovells on

The Federal Trade Commission (FTC) Bureau of Consumer Protection is where the action is when it comes to identifying current and future trends related to consumer protection. Bureau actions are closely watched to identify...more

AD-ttorneys@law

by BakerHostetler on

Are you really trying to use Jedi mind tricks to sell merch? Fan Disservice? That’s the accusation leveled by Truth in Advertising Inc., which claims that Skywalker’s Hollywood avatar, Mark Hamill, took so long to...more

#Trending: The FTC has stepped up regulatory investigations on social media. Is your company in compliance?

by Hogan Lovells on

Facebook, Instagram, YouTube, and other social media platforms have become the format of choice for many companies that want to advertise their products and services. At the same time, the U.S. Federal Trade Commission (FTC)...more

Social Media Strives for Nice List This Holiday Season

In an effort to avoid unsavory or illegal posts, Instagram and YouTube have introduced new limitations on content. Instagram now warns users about posts that may link to animal abuse and harm. Hundreds of hashtags in the...more

#TheFTCisWatchingYou: Influencers, Hashtags and Disclosures 2017 Year End Review

by Patrick Law Group, LLC on

Influencer marketing, hashtags and proper disclosures were the hot button topic for the Federal Trade Commission (the “FTC”) in 2017, so let’s take a look at just how the FTC has influenced Social Media Influencer Marketing...more

Shouldn’t your firm start sharing with the 700 million Instagram users?

by Adrian Dayton on

If your firm is still resisting Instagram, I have a message for you: 2010 called and they want their social media strategy back. Instagram has experienced explosive growth since 2010, so why hasn’t your firm’s social media...more

Instagram Expands its Influencer Tool, but is it Enough?

by Kelley Drye & Warren LLP on

In June, we posted that Instagram users would start seeing a new “Paid partnership with” tag on certain posts. The company explained that this was part of a tool designed to “help creators more clearly communicate to their...more

News of Note for the Internet-Minded – Harry Potter Go?, Chatbot, Esq., DARPA

Niantic looks to the Potterverse for its next potential AR blockbuster, Instagram’s ToS don’t travel so well in Germany, Google gives VR and AR app developers a new tool, holograms may help our memories outlive us, and...more

#unfaircompetition – limitations to influencer marketing under German law

by Hogan Lovells on

More and more companies advertise their products through so called influencer marketing, using the accounts of social media stars to reach their followers. The Higher Regional Court of Celle decided recently that a company...more

FTC Provides Guidance to Social Media Influencers in Live Twitter Chat

by Ballard Spahr LLP on

Influencer marketing is the popular practice of using individuals with large social media audiences—known as "influencers"—to advertise products and services through their social media accounts....more

Social Links: Social media influencers earn big bucks for endorsements, while the FTC settles a suit against influencers; European...

In 2016, brands spent $570 million on social influencer endorsements on Instagram alone. This recode article takes a looks at how much influencers with certain followings can command, and whether they’re worth the investment....more

#CAUTION: FTC Ramps Up Enforcement of and Education on Social Media Influencer Disclosure Requirements

In 2017, being a “social media influencer” can mean big bucks. Companies are increasingly eager to pay individuals with large social media followings substantial sums to promote products in the hopes of reaching millions of...more

Influencing the Influencers: FTC Updates Its Endorsement Guide FAQs

On Sept. 7, 2017, the Federal Trade Commission (FTC) updated its answers to a series of frequently asked questions, in its “Endorsement Guides: What People Are Asking” (the “Updated FAQs”), about its “Guides Concerning the...more

Privacy Perils: Hackers Breach Instagram User Accounts

by Bass, Berry & Sims PLC on

Engineers at Instagram have revealed that hackers managed to gain access to the contact numbers and email addresses (but not passwords) of some of Instagram's users via a bug in the app's API (Application Programming...more

Dear Influencers: It’s the FTC, Again – FTC Issues 21 Follow-up Warning Letters

by Dorsey & Whitney LLP on

Back in the Spring, we posted about a set of 90 warning letters the FTC sent to influencers and brands about the disclosure of material connections on Instagram. While you may have spent your summer trying to unplug, the FTC...more

Just Push the Button! Instagram’s Response to Influencers, Hashtags and Disclosures

by Patrick Law Group, LLC on

In April, the Federal Trade Commission (“FTC”), after reviewing Instagram posts by celebrities, athletes, and social media influencers, issued 90 letters reminding influencers and marketers about the FTC’s requirements that...more

Defendant’s Request for Social Media Data is Reasonably Calculated to Be Overbroad: eDiscovery Case Law

by CloudNine on

In Ehrenberg v. State Farm Mut. Auto. Ins. Co., No. 16-17269 (E.D. La. Aug. 18, 2017), Louisiana Magistrate Judge Janis van Meerveld, rejecting the defendant’s request for the plaintiff’s social media data as “reasonably...more

Update: Court finds transformative nature of alleged infringing work can’t be decided by side-by-side comparison

by Thompson Coburn LLP on

Adding an Instagram border and a few “gobbledygook” notations to an original photograph is not transformative as a matter of law. In an update to our post on a case filed last year, a federal court in New York recently denied...more

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