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Category Archives: Compliance

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Join Us at the Social Media 2017: Addressing Corporate Risks Conference on February 15th

Posted in Compliance, Employment Law, Ethics, Marketing

In the wake of a successful social media conference in San Francisco, Socially Aware co-editors John Delaney and Aaron Rubin are revved up and ready to chair (John) and present (Aaron and John) at another Practicing Law Institute (PLI) 2017 Social Media conference! This one will be held in New York City on Wednesday, February 15, and… Continue Reading

Now Available: The February Issue of Our Socially Aware Newsletter

Posted in Compliance, Data Security, Litigation, Section 230 Safe Harbor, UK

The latest issue of our Socially Aware newsletter is now available here. In this edition,we examine a spate of court decisions that appear to rein in the historically broad scope of the Communications Decency Act’s Section 230 safe harbor for website operators; we outline ten steps companies can take to be better prepared for a security breach incident;… Continue Reading

Social Media 2017: Addressing Corporate Risks

Posted in Compliance, Employment Law, Ethics, Marketing, Mobile

Social media is transforming the way companies interact with consumers. Learn how to make the most of these online opportunities while minimizing your company’s risk at Practicing Law Institute’s (PLI) 2017 Social Media conference, to be held in San Francisco and webcasted on Thursday, February 2nd.  The conference will be chaired by Socially Aware co-editor John Delaney, and our… Continue Reading

2017: Predictions From Socially Aware’s Editors and Contributors

Posted in Blockchain, Compliance, Free Speech, Marketing, Patent, Privacy

The beginning of a new year is a time for resolutions and predictions. We won’t bother Socially Aware readers with our resolutions for 2017, but we thought that we would share some predictions for the new year from our editors and contributors. As our predictions below indicate, 2017 promises to be an eventful year for… Continue Reading

European Commission Publishes Draft Regulation Prohibiting Geo-Blocking by Online Traders and Content Publishers

Posted in Compliance, E-Commerce, European Union

As part of the European Commission’s Digital Single Market initiative, the European Commission has published a draft Regulation aimed at preventing traders from discriminating against customers located in other EU Member States by denying those customers access to e-commerce sites, or by redirecting those customers to websites that offer inferior goods or sales conditions—a practice… Continue Reading

Social Links: Facebook’s anti-ad-blocking software; LinkedIn’s “scraper” lawsuit; FTC’s upcoming crackdown on social influencers

Posted in Advertising, Compliance, Cyberbullying, Data Security, Endorsement Guides, Free Speech, Litigation, Marketing, Mobile, Online Endorsements

Facebook introduced technology that disables ad blockers used by people who visit the platform via desktop computers, but Adblock Plus has already foiled the platform’s efforts, at least for now. A look at Twitter’s 10-year failure to stop harassment. Are mobile apps killing the web? LinkedIn sues to shut down “scrapers.” The FTC is planning… Continue Reading

California Court of Appeal Rules That State Attorney General’s Privacy Suit Over Fly Delta Mobile App Is Preempted

Posted in Compliance, Litigation, Privacy

In the recently decided People ex rel. Harris v. Delta Air Lines, California’s Court of Appeal unanimously affirmed the dismissal of the State of California’s complaint against Delta Air Lines, Inc., which alleged that the company’s Fly Delta mobile application violated California’s privacy laws. The Court of Appeal held that the lawsuit was expressly preempted… Continue Reading

Social Links: Social’s potential to upend the investment industry; online ad fraud; a proposal to fix Twitter

Posted in Advertising, Compliance, Digital Content, Disappearing Content, Endorsement Guides, Ethics, Fraud, FTC, Marketing

Social media has upended a number of industries. Is Wall Street next? Facebook is getting into the video game live-streaming business. Steven Avery’s defense attorney is keeping her 163,000 Twitter followers abreast of her ongoing defense work on behalf of the “Making a Murderer” documentary subject, and some lawyers think it’s a bad idea. Five quick and… Continue Reading

Social Links: The rise of social news; how technology hijacks our attention; are websites a dying business?

Posted in Compliance, Cyberbullying, Digital Content, Disappearing Content, European Union

In a fascinating, must-read article, a Google design ethicist explains the techniques that engineers and entrepreneurs employ to keep us hooked on the web. A majority of U.S. adults—62%—now get their news on social media. An apartment complex in Utah is trying to force its residents to “friend” the complex. Will the next head of… Continue Reading

Big Data Can Lead to Big Legal Problems For Companies

Posted in Big Data, Compliance, Employment Law, FTC, Litigation

Deluged with an unprecedented amount of information available for analysis, companies in just about every industry are discovering increasingly sophisticated ways to make market observations, predictions and evaluations. Big Data can help companies make decisions ranging from which candidates to hire to which consumers should receive a special promotional offer. As a powerful tool for… Continue Reading

Don’t Worry, Be (Un)Happy: Does U.S. Labor Law Protect a Worker’s Right to a Bad Attitude?

Posted in Compliance, Employment Law, Labor Law

A few months ago, we noted that a Yelp employee’s online “negative review” of her employer might be protected activity under the National Labor Relations Act (NLRA), given that the National Relations Labor Board (NLRB) has become increasingly aggressive in protecting an employee’s right to discuss working conditions in a public forum, even when that… Continue Reading

Show Me the Money: Are Social Media Celebrities and Other Online Content Creators Really Raking in the Cash?

Posted in Advertising, Compliance, Digital Content, Endorsement Guides, FTC, Online Endorsements

Social media has allowed aspiring authors, musicians, filmmakers and other artists to publish their works and develop a fan base without having to wait to be discovered by a publishing house, record label or talent agency. And that seems to have made at least modest celebrity easier to achieve. The financial rewards that we usually… Continue Reading

Social Media Competitions in the UK: Play Fair

Posted in Advertising, Compliance, UK

With 1.65 billion users on Facebook, 332 million users on Twitter and 400 million on Instagram, it is unsurprising that many companies are seeking to increase brand awareness and customer engagement by running competitions via social media. If you want to avoid attracting the scrutiny of UK regulatory authorities, however, you will want to ensure… Continue Reading

Innovative Social Media Marketing Cannot Overlook Old-Fashioned Compliance

Posted in Compliance, FTC

  Social media is all about innovation, so it is no surprise that social media marketers are always looking for innovative ways—such as courting social media “influencers” and using native advertising—to promote products and services to customers and potential customers. But, as the retailer Lord & Taylor recently learned, the legal rules that govern traditional… Continue Reading

Now Available: The March Issue of Our Socially Aware Newsletter

Posted in Advertising, Compliance, Copyright, Discovery, E-Commerce, Endorsement Guides, Eurpoean Union, FTC, Terms of Use

The latest issue of our Socially Aware newsletter is now available here. In this 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 State Appellate Division opinion significantly limiting a personal-injury-case defendant’s access to the… Continue Reading

Big Data, Big Challenges: FTC Report Warns of Potential Discriminatory Effects of Big Data

Posted in Big Data, Compliance, Data Security, FTC, Privacy

In a new report, the Federal Trade Commission (FTC) declines to call for new laws but makes clear that it will continue to use its existing tools it to aggressively police unfair, deceptive—or otherwise illegal—uses of big data. Businesses that conduct big data analytics, or that use the results of such analysis, should familiarize themselves with… Continue Reading

Our List of Lists

Posted in Compliance, Disappearing Content, E-Commerce, Livestreaming, Marketing, Privacy, Wearable Computers

January is the month when lists—lists of predictions, lists of trends, lists of feats and lists of failures—pervade social media newsfeeds and publications’ headlines. Here at Socially Aware we’re making an annual tradition of curating a “List of Lists”—an inventory of the roundups that we think will be of most interest to our readership. We’ll update… Continue Reading

An FTC Warning on Native Advertising

Posted in Compliance, FTC, Marketing

“Native advertising”—ads that may blur the distinction between advertising and editorial, video or other content—has been a hot topic in recent years for both marketers and regulators. It is popular with marketers because it is apparently an effective advertising model. The Federal Trade Commission (FTC), on the other hand, contends that it may be deceptive when… Continue Reading

Influencer Marketing: Tips for a Successful (and Legal) Advertising Campaign

Posted in Compliance, Endorsement Guides, FDA Regulations, FTC, IP, Marketing, Online Endorsements

In an age of explosive growth for social media and declining TV viewership numbers, companies are partnering with so-called “influencers” to help the companies grow their brands. Popular users of Instagram, Vine, YouTube and other social media sites have gained celebrity status, generating millions of views, impressions and “likes” with every upload. Capitalizing on the… Continue Reading

Cross-Device Tracking Attracts Interest From Regulators, Prompts Guidance From Industry Group

Posted in Compliance, FTC, Marketing, Privacy

Cross-device tracking is a hot new issue for regulators. Companies engaged in the practice should take note of two recent developments. On November 16, 2015, the Federal Trade Commission (FTC) hosted a workshop on the issue and, perhaps not coincidentally, on the same day the Digital Advertising Alliance (DAA) addressed the applicability of its interest-based… Continue Reading

Now Available: The October Issue of Our Socially Aware Newsletter

Posted in Bankruptcy, Compliance, Discovery, Employment Law, FTC, IP, Labor Law, Litigation, M&A, Marketing, Mobile, Online Endorsements, Online Promotions, Online Reviews, Securities Law, Terms of Use

The latest issue of our Socially Aware newsletter is now available here. In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we highlight five key social media law issues to address with your corporate clients; we discuss when social media posts are discoverable in litigation; we identify six important considerations in… Continue Reading

How UK Brands That Use Vlogger Endorsements & Social Media for Marketing Can Stay on the Right Side of the Law

Posted in Compliance, Marketing, Online Promotions, Online Reviews

Vloggers have become the reality stars of our times. For an increasing number of social media users, what was once a hobby is now a lucrative career. You may be surprised to learn that Felix Kjellberg (aka “PewDiePie”), a 25-year-old Swedish comedian and the world’s most popular YouTube star, is reported to have earned $8.5… Continue Reading

FTC Continues Enforcing Ad Disclosure Obligations in New Media and Issues a Warning to Advertisers

Posted in Compliance, FTC, Online Promotions, Online Reviews

In December 2014, we noted that the Federal Trade Commission’s (FTC) settlement with advertising firm Deutsch LA, Inc. was a clear signal to companies that advertise through social media that they need to comply with the disclosure requirements of Section 5 of the FTC Act. On September 2, 2015, the FTC announced a settlement along… Continue Reading

FCC Clarifies Its Interpretations of the Telephone Consumer Protection Act, Provoking Strong Objections From the Business Community

Posted in Compliance, FCC

On July 10, 2015, the Federal Communications Commission (FCC) released a 140-page Omnibus Declaratory Ruling and Order in response to more than two dozen petitions from businesses, attorneys general, and consumers seeking clarity on how the FCC interprets the Telephone Consumer Protection Act (TCPA). As noted in vigorous dissents by Commissioners Pai and O’Rielly, several… Continue Reading