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Socially Aware Blog The Law and Business of Social Media

Monthly Archives: February 2012

Click-Accept Arbitration: Enforcing Arbitration Provisions in Online Terms of Service

Posted in Arbitration, Supreme Court

Companies that provide services to consumers have often sought to reduce the risk of class action lawsuits by requiring that their customers agree to arbitrate any disputes.  Such arbitration agreements may require customers to arbitrate on an individual basis only, with customers being obligated to waive any rights they might otherwise have to pursue claims… Continue Reading

District Court Considers Value of Twitter Account

Posted in Employment Law, IP, Terms of Use

“Man, what do I write here? And what’s it going to be valued at?” So read Noah Kravitz’s Twitter profile soon after Magistrate Judge Maria-Elena James of the Northern District of California denied Kravitz’s motion to dismiss a number of claims brought against him by his former employer related to the Twitter account. While Kravitz… Continue Reading

Warning Signs: Promotions Using Facebook’s “Like” Feature

Posted in FTC, NAD, Online Promotions

In a recent case of first impression, the National Advertising Division of the Council of Better Business Bureaus (“NAD”) – an industry forum for resolving disputes among advertisers – addressed an advertiser’s use of Facebook’s “like” feature in connection with an online promotion.  Such promotions – referred to as “like-gated” promotions, typically ask a Facebook user… Continue Reading