News & Analysis as of

Online Commentary

Materially and Substantively Modifying Online Articles Restarts the Clock in NJ Defamation Claims

by Pepper Hamilton LLP on

The New Jersey Supreme Court recently held, in Petro-Lubricant Testing Laboratories, Inc. v. Adelman, that New Jersey’s one-year statute of limitations for defamation claims restarts if an online article’s author materially...more

Anonymous Posts Of Alleged Trade Secrets: Free Speech?

Imagine you are an employer. Someone has anonymously posted your trade secrets or other improper content on Glassdoor, which publishes anonymous employee reviews about employers. While Glassdoor and similar online publishers...more

Raging Bull: Getting Beat Up On Glassdoor?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Even if bad Glassdoor reviews have you feeling like you need to fight back, employers should stay out of the ring, and instead implement social media policies that clearly define prohibited behavior and...more

Higher Regional Court of Cologne: Customer review with care – they could be advertising

by Hogan Lovells on

The Higher Regional Court of Cologne decided in its ruling of May 24, 2017 (OLG Köln 6 U 161/16) that the publication of customer reviews on a company website may be considered as advertising in the classical sense...more

Can Internet Comments and Search Results Prove Trademark Infringement?

by Fenwick & West LLP on

You’ve selected a unique trademark, marketed and sold products under the brand, and continue to build up a base of satisfied customers. But then a new company emerges with a very similar trademark, piggybacking on your...more

Third Circuit Finds Photo Placement Sufficient to Permit Defamation, False Light Claims to Go Forward in Suit Alleging Harm from...

by Reed Smith on

In a case demonstrating the difficulties of applying long-established but arguably outdated legal principles to modern technology, the United States Court of Appeals for the Third Circuit last week reversed itself to permit a...more

Sex and the Stock Photo*

by Jackson Walker on

Despite the high heat of summer, two federal courts have blown a chill wind through the law of online defamation. The courts gave the green light to libel suits over alleged implications from stock or file photos illustrating...more

Are Online Trolls Ruining Social Media Marketing?

Earlier this year, I helped moderate a lively panel discussion on social media business and legal trends. The panelists, who represented well-known brands, didn’t agree on anything. One panelist would make an observation,...more

Social media campaign ends in disbarment for lawyer

Lawyers using social media: beware! The Louisiana Supreme Court has disbarred a lawyer for launching a “viral campaign to influence and intimidate” judges who presided over her friend’s child custody dispute. In...more

Shooting the Messenger? Websites could face greater liability for third-party content in the EU

Three developments in the last two months suggest websites face greater liability for content authored by third parties in the European Union—including reader comments, posts on message boards and social networks, and search...more

[Your Brand].Sucks

by McAfee & Taft on

The Internet Corporation for Assigned Names and Numbers, also known as ICANN, is currently in a multi-year process of rolling out hundreds of new generic top-level domains (gTLDs). ICANN’s rationale for the expansion:...more

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Cybersecurity

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