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Follow this channel for insights at the intersection of social media and the law, covering a wide array of issues from employer liability to privacy, from advertising rules to IP matters, and... more +
Follow this channel for insights at the intersection of social media and the law, covering a wide array of issues from employer liability to privacy, from advertising rules to IP matters, and more. Like this! less -
Saiber LLC

Third Circuit Holds Facebook Not Immune Under Section 230 of Communications Decency Act from State Law Claims Alleging Violation...

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In a precedential opinion, Hepp v. Facebook, et al., ____ F.4th ______, No. 20-2725 (3d Cir. Sept. 23, 2021) (publication pending), the Third Circuit became the first Circuit Court of Appeals to apply the intellectual...more

Foster Garvey PC

Intellectual Property Rights in the Crosshairs as Lawsuits Involving Disney and Facebook Surface

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- What will the “Endgame” be for the lawsuit between Walt Disney Company and former Marvel comic book creators? In the spring of this year, a host of famed artists and illustrators of Marvel characters such as Iron Man,...more

Weintraub Tobin

Recent Case Demonstrates The Need For Caution When Embedding Links To Social Media Posts

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A recent case in the Southern District of New York calls into serious question the ubiquitous practice of embedding photographs on a content creator’s website. An embedded photo is one that is not hosted on the website’s...more

Tarter Krinsky & Drogin LLP

Posting Pictures On Social Media: Do's And Do Not's

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Now more than ever before, almost everyone is online, both personally and for business purposes. There is a lot of confusion about posting pictures and images on social media - Instagram, Facebook, Pinterest and other...more

McManis Faulkner

Can Family Court Order You Not To Post On Facebook?

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Are you among the 68% of U.S. adults who, according to the Pew Research Center, use Facebook?  Social media can do more harm than good, especially if you are involved in a legal dispute, family-related or otherwise.  Posts on...more

Harris Beach PLLC

New York State Appellate Court Broadens Discoverability of Private Photos on Social Media

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There is an evolving body of case law relating to the discoverability of social media. Recently, a New York state appellate decision extended access to plaintiffs’ posts to include private photos in which they are “tagged,”...more

Seyfarth Shaw LLP

California Federal District Court Does Not ‘Like’ Facebook’s Standing Argument In Illinois Biometric Information Privacy Act Case

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Seyfarth Synopsis: In light of the uncertainties surrounding lawsuits alleging violations of the Illinois Information Biometric Privacy Act (“BIPA”), the Northern District of California has taken a firm position on a...more

Morrison & Foerster LLP - Social Media

Social Links: Instagram’s & Pinterest’s new features; the per-post premium paid to top influencers; a successful social media...

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Instagram now allows users to zoom in on photos in their feeds and at least 11 brands are already capitalizing on the new feature. Pinterest acquired Instapaper, a tool that allows you to cache webpages for reading at a...more

Lowndes

CMS Cracks Down On Social Media Abuse By Nursing Home Staff

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On August 5th the Centers for Medicare & Medicaid Services (CMS) issued a memorandum to all state survey agencies requiring that during the next standard survey of a nursing home, whether a Traditional or Quality Indicator...more

Franczek P.C.

Note to Self: Posting My Beach Vacation Photos on Facebook During FMLA Leave is Not a Good Idea

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I always love a good social media FMLA smack down. It’s even better when the employer handles the situation in textbook fashion. Today’s installment offers both, while also providing a road map for employers when...more

BakerHostetler

9/11 Photo Fair Use Case, North Jersey Media Group v. Fox News, Settles on First Day of Trial

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Fox News and North Jersey Media Group have announced they have settled their copyright dispute over the use of the iconic photo taken in the aftermath of 9/11, “Raising the Flag at Ground Zero,” that was posted on Facebook by...more

Bond Schoeneck & King PLLC

E-Discovery and Information Management: Can Clicking "Like" Make or Break a Lawsuit? (12/15)

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Virtually everyone uses social media to engage with family and friends, to follow politics and popular culture, and to conduct business. As social media use becomes increasingly engrained in American culture, businesses have...more

Morrison & Foerster LLP - Social Media

Status Updates: People-rating app proves unpopular; new tech automates compelling-photo selection; Twitter 101 for the political...

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Bad reviews. On September 30th, the soon-to-be-launched app Peeple was described by the app’s co-founder, Julia Cordray, as a “Yelp for people,” that is, a people-rating platform that would allow users to assign number...more

Robinson+Cole Data Privacy + Security Insider

Does Facebook’s collection of photos violate privacy laws?

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An Illinois man recently filed a proposed federal class action alleging that Facebook violates state law protecting the privacy of biometric data through its alleged collection of facial recognition data from over a billion...more

Buchalter

Like It or Love It: How Not to Get Pinned (Legally) When Using Social Media to Promote Your Brand

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Twitter®, Instagram®, Facebook®, Pinterest® and other social media websites and apps are great ways to interact with friends, family and potential customers. They are great avenues for advertising and promotion of one’s...more

Carlton Fields

Florida Court of Appeal: Photos on Facebook are Fair Game in Discovery

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Discovery of social media is often appropriately considered in any case where evidence or admissions tending to disprove the other party’s case is potentially available. Although social media has long been firmly rooted in...more

Snell & Wilmer

Privacy Settings Won’t Keep Social Media Posts Out Of Court

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On Jan. 7, 2015, in Nucci v. Target Corp., et al, the District Court of Appeal of the State of Florida, Fourth District, upheld a lower court’s order compelling plaintiff Maria Nucci to produce photographs originally posted...more

Bond Schoeneck & King PLLC

Summary Judgment Denied On “Fair Use” Defense In 9/11 Photograph Case

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On February 10, 2015, the Southern District of New York denied Fox News’ motion for summary judgment in a copyright lawsuit involving the posting of a copyrighted image on its Facebook page. North Jersey Media Group, Inc. v....more

Snell & Wilmer

Facebook Photos Are Fair Game in Injury Cases

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Today it’s reported that 58% of American adults use Facebook, 17.5% use Instagram, and 50% use tumblr. Social media websites sometimes offer users the option of disclosing postings, including photographs, to different sets of...more

Cozen O'Connor

If You Post It, Your Opponent Can Probably Discover It

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In March we ran a post on how important videos, photographs, and statements on social media sites can be when investigating a property loss. A picture is literally worth a thousand words. Earlier this month, a Florida court...more

Snell & Wilmer

Florida Appellate Court Holds There is No Right to Privacy For Information Posted On Social Media Websites Even When Privacy...

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On January 7, 2015, in Nucci v. Target Corp, et al, the District Court of Appeal of the State of Florida, Fourth District upheld a lower court’s order compelling Plaintiff Maria Nucci to produce photographs originally posted...more

Lowndes

Are private Facebook photos now fair game under Florida law?

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Last week a Florida state appellate court ruled that a plaintiff in a personal injury lawsuit was required to produce photos that she had previously deleted from her Facebook account finding that users of social media sites,...more

Fisher Phillips

Labor Letter, August 2013: NLRB Taking Close Look At Photography Policies

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In February of 2009, a Wisconsin medical center fired several nurses after they electronically posted patient x-rays to their Facebook page, revealing the presence of a potentially embarrassing foreign object. As a result,...more

McAfee & Taft

SHARE this photo if you want a lawsuit: Avoiding liability when using public photos to advertise on social media websites

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Your company just hosted a successful public event — perhaps a fundraiser for a local charity. Now that the event is over, all that remains is to post photos from the event on your company’s Facebook page. Right?...more

McAfee & Taft

Gavel to Gavel: Picture policies

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Originally published in The Journal Record - March 14, 2013. Your company just hosted a successful public event, perhaps a fundraiser for a local charity. The event is over, and all that remains is to post photos from...more

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