In its recent opinion in Lindke v. Freed, the U.S. Supreme Court addressed when public officials may be held liable for violating the First Amendment for silencing critics on social media. The Court held that a public...more
3/21/2024
/ Appeals ,
Appellate Courts ,
Disclaimers ,
First Amendment ,
Government Officials ,
Lindke v Freed ,
O’Connor-Ratcliff v Garnier ,
Online Commentary ,
Personal Use ,
Remand ,
Right to Delete ,
Risk Management ,
SCOTUS ,
Social Media ,
State Action Doctrine
Often lauded as the most important law for online speech, Section 230 of the Communications Decency Act (CDA) does not just protect popular websites like Facebook, YouTube and Google from defamation and other claims based on...more
New York courts are increasingly ordering the production of social media posts in discovery, including personal messages and pictures, if they shed light on pending litigation. Nonetheless, courts remain cognizant of privacy...more
A recent decision from a federal court in New York highlights the limits social media users enjoy under Section 230 of the Communications Decency Act (CDA). The case involves Joy Reid, the popular host of MSNBC’s AM Joy who...more
A recent Second Circuit decision makes clear that the safe harbor that social media and other Internet companies enjoy under Section 230 of the Communications Decency Act broadly applies to a wide variety of claims.
...more
Section 230 of the Communications Decency Act continues to act as one of the strongest legal protections that social media companies have to avoid being saddled with crippling damage awards based on the misdeeds of their...more
Facebook’s four-year battle on behalf of its users, seeking to quash 381 warrants obtained by the New York County District Attorney’s Office, has come to a close. The decision of the New York Court of Appeals—which is New...more
Mixed Messages: Courts Grapple With Emoticons and Emoji -
Emoticon and emoji are ubiquitous in online and mobile communications; according to one study, 74 percent of Americans use emoticons, emoji and similar images...more
Because content posted online can be accessed nearly anywhere, courts regularly face the issue of whether they have personal jurisdiction over a defendant who posted material to the web or a social media site. Recently, one...more
How To Protect Your Company’s Social Media Currency -
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...more
4/29/2016
/ Clickwrap Agreements ,
Data Security ,
Digital Single Market ,
EU ,
EU-US Privacy Shield ,
Internet of Things ,
IP License ,
Online Reviews ,
Protected Concerted Activity ,
Social Media ,
US-EU Safe Harbor Framework
It seems that almost everyone uses social media today. Of course, this means that most every juror is a social media user, and that courts are dealing with the thorny questions that arise out of the proliferation of social...more
4/28/2016
/ Google ,
Impartiality ,
Internet ,
Juror Misconduct ,
Jury Instructions ,
Jury Selection ,
Oracle ,
Privacy Concerns ,
Sixth Amendment ,
Social Media ,
Voir Dire
Welcome to the newest issue of Socially Aware, our Burton Award winning guide to the law and business of social media. In this edition, we offer tips for a successful—and legal—advertising campaign; we examine a New York...more
3/9/2016
/ Advertising ,
B2C ,
Big Data ,
Digital Goods ,
Discovery ,
Discovery Rule ,
EU ,
Facebook ,
Federal Trade Commission (FTC) ,
Internet Retailers ,
Marketing ,
Mobile Apps ,
Native Advertising ,
Social Media ,
Terms and Conditions ,
User-Generated Content
While discovery of social media information has been commonplace for some time, courts are still struggling with when such discovery should be allowed. While courts generally hold that normal discovery rules apply to social...more
Five social media law issues to discuss with your clients -
The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this...more
10/15/2015
/ Anonymity ,
Anti-Retaliation Provisions ,
Blogging Platforms ,
Browsewrap Agreement ,
Class Action ,
Clickwrap Agreements ,
Commercial Bankruptcy ,
Customer Lists ,
Data Privacy ,
Data Protection ,
Data Security ,
Defamation ,
Discovery ,
Discrimination ,
Electronically Stored Information ,
Employee Privacy Rights ,
Employee Training ,
Enforceability ,
EULA ,
Evidence ,
Facebook ,
Facebook Friends ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Hiring & Firing ,
Human Resources Professionals ,
Internal Investigations ,
Job Applicants ,
Mobile Apps ,
Motion to Compel ,
NLRA ,
NLRB ,
Online Endorsements ,
Online Reviews ,
Passwords ,
Policies and Procedures ,
Popular ,
Privacy Policy ,
Protected Class ,
Protected Concerted Activity ,
RadioShack ,
Representations and Warranties ,
Screening Procedures ,
Section 5 ,
Social Media ,
Social Media Account Ownership ,
Social Media Policy ,
Subpoenas ,
Terms and Conditions ,
Terms of Use ,
Third-Party ,
Unfair or Deceptive Trade Practices ,
Workplace Investigations
Judge Richard J. Walsh began his opinion in Largent v. Reed with the following question: “What if the people in your life want to use your Facebook posts against you in a civil lawsuit?” With the explosive growth of social...more
Welcome to the newest issue of Socially Aware, our Burton Award winning guide to the law and business of social media. In this edition, we present a “grand unifying theory” of today’s leading technologies and the legal...more
7/29/2015
/ Advertising ,
Consumer Bankruptcy ,
Copyright Infringement ,
Creditors ,
Data Collection ,
Data Storage Providers ,
Digital Assets ,
Discovery ,
Electronically Stored Information ,
Evidence ,
Facebook ,
Federal Trade Commission (FTC) ,
Hashtags ,
HBO ,
Live Streaming ,
Marketing ,
Online Reviews ,
Retail Tracking ,
Sanctions ,
Showtime ,
Social Media ,
Spoliation ,
Trademarks ,
Twitter ,
Yelp
While the question of whether specific records are within a party’s possession, custody or control has been heavily litigated for years, the digital revolution — with the advent of social media, cloud computing and mobile...more
As social media has become ubiquitous, courts are wrestling with more discovery disputes involving social media accounts.
In a recent case, Crowe v. Marquette Transportation Co. Gulf-Inland, LLC, the plaintiff...more
In This Issue:
- Court Protects Anonymity of Yelp Users
- FTC Issues Landmark Report on Internet of Things
- Who Will Update My Status When I’m Dead?: The Biggest Social Media Platforms’ Policies on...more
5/15/2015
/ Anonymity ,
Copyright ,
Digital Assets ,
DMCA ,
Federal Trade Commission (FTC) ,
Internet of Things ,
Mobile Devices ,
Online Reviews ,
Social Media ,
Social Networks ,
Terms and Conditions ,
Web Scraping ,
Web Tracking ,
Yelp
In This Issue:
- Employer Access to Employee Social Media: Applicant Screening, ‘Friend’ Requests and Workplace Investigations
- Driving Under the Influence (of Google Glass)
- U.S. Courts’ Evolving Approaches to...more
Courts across the United States have now made clear that discovery of social media is fair game. At the same time, courts have consistently found that litigants will not be permitted to engage in social media fishing...more
According to a federal judge in Oklahoma in Pre-Paid Legal Services, Inc. v. Cahill, simply sharing information about a new job over social media does not mean that you are inviting former co-workers to come join you in...more
In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we explore the challenges that arise when employers and employees battle over work-related social media accounts; we...more
2/1/2013
/ Browser History Sniffing ,
Communications Decency Act ,
Copyright ,
Data Collection ,
Facebook ,
FCC ,
Federal Trade Commission (FTC) ,
Online Privacy Protection Act ,
Passwords ,
Privacy Policy ,
Social Media ,
Social Media Policy ,
TCPA ,
Texting ,
Twitter