Understanding Scope of Practice
CF on Cyber: An Update on the Florida Security of Communications Act (FSCA)
New Developments in the World of Section 230
IP | Trend: Data in the Cloud is the Next Big Storm?
Class Action Suit Against Instagram for New Terms of Service Dismissed
Character Technologies has been hit with two lawsuits, including a wrongful death suit (among other claims), in less than two months over its popular Character.ai chatbot. The first was filed in the U.S. District Court for...more
In a recent ruling, Canada’s Federal Court of Appeal held that Facebook, Inc. (now Meta Platforms Inc.) breached its obligations under Canada's Personal Information Protection and Electronic Documents Act (PIPEDA) by sharing...more
2023 continues to be a busy year for European data protection authorities. Following its release of the Irish Data Protection Commission’s (DPC’s) binding decisions in cases against Facebook and Instagram, the European Data...more
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
In continuing its efforts to enforce its terms and policies against developers that engage in unauthorized scraping of user data, this week Facebook brought suit against two marketing analytics firms, BrandTotal Ltd...more
THE SUPREME COURT CONFIRMED THAT RUSSIAN USERS MAY FILE A LAWSUIT AGAINST AN AMERICAN SOCIAL NETWORK TO A RUSSIAN COURT - The Supreme Court of the Russian Federation reviewed a case initiated by a number of Internet users...more
In Palomino v. Facebook, Inc., No. 16-cv-04329-HSG, 2017 WL 76901 (N.D. Cal. Jan. 9, 2017), two putative class representatives brought a claim on behalf of all “similarly situated New Jersey residents who created a Facebook...more
Facebook, Inc. recently dodged a putative class action alleging that it violated New Jersey’s Truth-in-Consumer Contract, Warranty, and Notice Act (“TCCWNA”) when a California federal court dismissed a New Jersey resident’s...more
Since the early days of this blog, we’ve been covering the ongoing legal battle involving ex-Korn Ferry recruiter David Nosal as it winds its way through the courts. The latest chapter in this saga came on December 8, 2016,...more
Earlier this month, the Eighth Circuit expanded standing to bring privacy policy violations claims but limited the definition of personal information in affirming the dismissal of a class action complaint in Carlsen v....more
Today’s companies compete not only for dollars but also for likes, followers, views, tweets, comments and shares. “Social currency,” as some researchers call it, is becoming increasingly important and companies are investing...more
Contract terms and purchaser assent to those terms, conditions, intended use and warning information provided with a purchased product are known fertile ground for defending product claims. In today’s virtual age,...more
Operators of social media platforms and other websites typically manage their risks by imposing terms of use or terms of service for the sites. As we previously wrote, websites must implement such terms properly to ensure...more
A recent massive data hack of an online dating site Ashley Madison once again proves that what one publishes, says, or does online, even in seemingly private forums, is never completely private. It’s also a reminder that the...more
Plaintiffs, two minors who used their parents’ money to make purchases on Facebook without parental consent, brought a putative class action against the company, alleging its policy of representing purchases as non-refundable...more
Tinder, a popular mobile dating app, recently shut down an ad campaign from Gap, stating that the campaign violated the app's terms of service. Gap's failure to comply with Tinder's terms of service is a cautionary tale for...more
Almost all social media sites contain “Terms of Service” (“TOS”). Are they enforceable against users? It depends on the presentation and the issue....more
If you are one of the approximately 1.3 billion people who use Facebook, you’ve likely experienced the phenomenon where a single event (like Luiz Suarez biting that Italian guy or pretty much anything involving TSA) manages...more
Last time, we looked at whether the media can use images from social media sites applying fair use to several typical situations. Today, we look at the specific terms of service of various popular sites to see if some make...more