News & Analysis as of

User-Generated Content Online Reviews

Shipkevich PLLC

New Rule Issued by FTC Focuses on Fake and AI-Generated Reviews, Imposes Heavy Civil Penalties

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The Federal Trade Commission (FTC) issued a new Final Rule (the “Rule”) on Wednesday, August 14, 2024, targeting unfair and deceptive acts or practices specifically related to consumer reviews and testimonials, allowing the...more

Good2bSocial

Content Marketing for Law Firms: The Different Types of Content You Should be Creating in 2023

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Content marketing is such a broad term that it can be difficult to know what falls under the umbrella. Which items make the right statement for your firm? What will promote your firm effectively? Review these types of content...more

Bodman

Negative Online Reviews of Your Business: Disgruntled Does Not Necessarily Mean Defamatory

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If you own a small business, someone has likely posted an online review of your company and its goods or services. From Yelp to TripAdvisor to Angie’s List to any number of websites tailored to particular industries or...more

Williams Mullen

PODCAST: Williams Mullen's Trending Now: An IP Podcast - Advertising & Customer Engagement in the Digital Age - Customer Reviews...

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Would you like to re-post or otherwise use reviews left by customers? Is there a way to make sure customers don’t post bad reviews? What can a company do to protect itself from inappropriate or irrelevant content? Are there...more

Holland & Knight LLP

Advertising on Social Media Regulation: Comments from an FTC Official

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Holland & Knight hosted Michael Ostheimer, a senior attorney for the Federal Trade Commission (FTC), for a webinar presentation on Feb. 16, 2021. Ostheimer has been with the FTC for three decades, currently serving as a...more

Williams Mullen

[Webinar] CLE Institute - Advertising and Customer Engagement in the Digital Age - November 12th, 3:00 pm - 4:30 pm ET

Williams Mullen on

Social media and influencers. Online feedback and electronic oversight. Data protection and privacy. Managing the legal issues surrounding doing business online is a significant concern for many in-house counsel. Join us for...more

Proskauer - New Media & Technology

Defend Trade Secrets Act Claims Subject to CDA Section 230 Immunity

In what is one of the most recent attempts to circumvent the immunity provided in Section 230 of the Communications Decency Act (“CDA” or “CDA Section 230”), the United States District Court for the District of Massachusetts...more

Snell & Wilmer

Attorney Petitions SCOTUS Regarding Former Client’s Defamatory Yelp Reviews

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A California attorney and her law firm filed a petition on October 18, 2018, asking the Supreme Court of the United States (“SCOTUS”) to review the California Supreme Court’s ruling that reversed an injunction that would have...more

Clark Hill PLC

Online Providers of Third Party Content Cannot be Forced to Remove Defamatory Statements

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People turn to the internet to find reputable businesses, compliment a local coffee shop, and even lambaste the service at a nearby restaurant. The ubiquitous influence of online ratings, rants, and reviews is felt by...more

Haight Brown & Bonesteel LLP

Yelp Cannot Be Ordered to Remove Defamatory Online Review Posted by Disgruntled Former Client About Law Firm; Court Upholds...

In our Alerts dated June 22, 2016 and September 22, 2016, we followed the case of Hassell v. Bird where a lower court, in a matter involving a defamation action brought by a law firm (“Hassell”) against a disgruntled former...more

Davis Wright Tremaine LLP

California Supreme Court Affirms Broad Section 230 Immunity

In a closely watched case, the California Supreme Court on Monday confirmed it will continue to broadly interpret the immunity provided by Section 230 of the Communications Decency Act, 47 U.S.C. § 230. Hassell v. Bird,...more

K&L Gates LLP

Section 230 Immunity Protects Yelp from Injunction Order to Remove Defamatory Posts

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In a long-awaited decision, the California Supreme Court ruled this week that Yelp cannot be forced to remove a review posted on its website. Hassell v. Bird, 2018 WL 3213933 (Cal. Sup. Ct. July 2, 2018). Both the superior...more

Fenwick & West LLP

Court Says Glassdoor Must Disclose Anonymous Reviewers’ Information in Grand Jury Proceedings

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In a case with free speech implications, the U.S. Court of Appeals for the Ninth Circuit on November 8, 2017, affirmed the denial of Glassdoor, Inc.’s motion to quash a grand jury subpoena for the identities of the Glassdoor...more

Morrison & Foerster LLP - Social Media

Yelp Case Shows CDA §230 Still Has Teeth

2016 has been a challenging year for Section 230 of the Communications Decency Act (CDA) and the website operators who depend on it for protection against liability stemming from user-generated content. An unusually large...more

Kelley Drye & Warren LLP

Ninth Circuit Holds Yelp Is Not Responsible for Bad Reviews

The Ninth Circuit recently reaffirmed the protection afforded to website providers and users under Section 230 of the Communications Decency Act. In that case, a locksmith sued Yelp over a bad review and one-star rating that...more

Weintraub Tobin

Locksmith Locked Out By Communications Decency Act

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The Communications Decency Act (“CDA”) provides broad immunity for “providers of interactive computer services.” In essence, if an internet service provider falls within certain parameters, it is entitled to immunity against...more

Foster Garvey PC

When It Comes to Liability, Whose User Generated Content Is It Anyway?

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Hospitality industry stakeholders who host sites for online reviews or rely on review sites such as Yelp, Trip Advisor, Urban Spoon, or Oyster, may take comfort in the recent Ninth Circuit decision regarding the liability of...more

Morrison & Foerster LLP - Social Media

Controversial California Court Decision Significantly Narrows a Crucial Liability Safe Harbor for Website Operators

A recent California court decision involving Section 230 of the Communications Decency Act (CDA) is creating considerable concern among social media companies and other website operators....more

Brooks Pierce

Pitfalls in Managing Online Reputations

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Whether you represent sports stars and high-profile entertainers, or hometown doctors, architects, and restaurateurs, you have almost certainly gotten calls in the past several years asking for your help in dealing with...more

K&L Gates LLP

Social Media: 10 Fundamental Questions All Businesses Should Consider About Their Online Presence

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Twenty years ago, the social media world we now live in was the stuff of science fiction. Today, social media is a critical business tool creating unprecedented opportunities for direct consumer interaction, brand awareness,...more

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