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Category Archives: Litigation

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Five Social Media Law Issues To Discuss With Your Clients

Posted in Arbitration, Copyright, Employment Law, IP, Labor Law, Litigation, Online Promotions, Terms of Use

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 muddled legal landscape will have them clicking “like” in no time. What’s in a Like? Not long ago, the word “like” was primarily a verb (and an interjection used by… Continue Reading

Status Updates: Facebook Posts—Reliable Evidence?; Quora Post Costs Applicant a Job; a New Ephemeral Messaging App

Posted in Disappearing Content, Discovery, E-Discovery, Litigation, Status Updates

Facebook: Fact or fiction? These days, courts are more and more frequently faced with disputes over whether, as part of the discovery process, a litigant should be entitled to view the opposing party’s social media posts. As we’ve discussed, some courts deciding physical and emotional injury claims have held that the photos and status updates… Continue Reading

Effort to Hide Facebook Evidence by Deactivating Account Ends Badly for Louisiana Man

Posted in Discovery, E-Discovery, Litigation

  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 deactivated his Facebook account in an effort to be able to claim that he was no longer on Facebook. A federal court in Louisiana… Continue Reading

#Trademarks?: Hashtags as Trademarks

Posted in Litigation, Trademark

Hashtags have become ubiquitous in social media, but their status as intellectual property—particularly as trademarks—is still developing. First adopted by Twitter users to link user posts, hashtags are character strings preceded by the “#” symbol that generate a link to all other posts containing the same tag. Today, in addition to providing the search-related functionality… Continue Reading

Rolling With the Punches: The Fight Over Livestreaming

Posted in Copyright, IP, Litigation

Boxing fans eagerly awaited the May 2, 2015, championship match between boxers Floyd Mayweather, Jr. and Manny Pacquiao. But the fight also drew the interest of those following online video apps Meerkat and Periscope. Launched at the end of February 2015, Meerkat is a livestreaming iPhone app that allows Twitter users to stream videos from… Continue Reading

Court Protects Anonymity of Yelp Users

Posted in Defamation, First Amendment, Litigation, Privacy

  Virginia’s highest court recently held that Yelp could not be forced to turn over the identities of anonymous online reviewers that a Virginia carpet-cleaning owner claimed tarnished his business. In the summer of 2012, Joseph Hadeed, owner of Hadeed Carpet Cleaning, sued seven anonymous Yelp reviewers after receiving a series of critical reviews. Hadeed alleged that… Continue Reading

Hot Off the Press: The January-February Issue of Our Socially Aware Newsletter Is Now Available

Posted in Cloud Computing, FTC, Infographic, Litigation, Wearable Computers

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 discuss key–and often ignored–legal concerns regarding social media assets in M&A transactions; we explore whether anti-Glass hysteria may have doomed Google Glass; we highlight a landmark case finding that… Continue Reading

Hot Off the Press: The December Issue of Our Socially Aware Newsletter Is Now Available

Posted in Copyright, Infographic, Internet of Things, Litigation, Privacy, 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 look at several topics surrounding the proverbial online thumbs up, including the emerging legal status of Facebook likes and similar social media constructs; Facebook’s recent prohibition of the popular… Continue Reading

Forced to Cyber-Spy: Court Rules Parents Can Be Held Negligent for Child’s Facebook Activity

Posted in Litigation, Terms of Use

Are parents now liable for what their kids post to Facebook?  According to a recent decision in the Georgia Court of Appeals, they are. The Georgia Court of Appeals held that the parents of a seventh-grade student could be found negligent for failing to ensure that their son deleted an offensive Facebook profile that defamed… Continue Reading

Hot Off the Press: The November Issue of Our Socially Aware Newsletter Is Now Available

Posted in FTC, Internet of Things, Litigation, Privacy, Statistics, 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 discuss an important Ninth Circuit decision refusing to enforce an arbitration clause in a website “terms of use” agreement; we examine “Operation Full Disclosure,”… Continue Reading

New York Family Court Magistrate Allows Unprecedented Service of Process via Facebook; Will Others Follow?

Posted in Litigation

In a little-noticed decision, Matter of Noel v. Maria, Support Magistrate Gregory L. Gliedman—a Staten Island, New York family court official—recently permitted a father seeking to modify his child support payments to serve process on the child’s mother by sending her a digital copy of the summons and petition through her Facebook account. Magistrate Gliedman’s… Continue Reading

The Death of Courtesy and Civility Under the National Labor Relations Act

Posted in Employment Law, Litigation

In 2012, the National Labor Relations Board (NLRB or the “Board”) found a “courtesy” policy unlawful. Since then, the NLRB has continued to create more and more tension between the National Labor Relations Act (NLRA or the “Act”) and employers’ legitimate interests in maintaining and enforcing workplace guidelines governing courtesy in a nondiscriminatory fashion. This… Continue Reading

To Click or Not to Click? Ninth Circuit Rejects Browsewrap Arbitration Clause

Posted in Litigation, Terms of Use

In Kevin Khoa Nguyen v. Barnes & Noble Inc., 2014 U.S. App. LEXIS 15868 (9th Cir. 2014), decided on August 18, 2014, the Ninth Circuit rejected an attempt to bind a consumer to an arbitration clause found in an online terms of use agreement not affirmatively “click accepted” by the consumer but readily accessible through a… Continue Reading

She Liked It. She Really, Really Liked It: Federal District Court Holds Facebook Fan Page Manager Doesn’t Own “Likes”

Posted in Litigation

A federal district court broke new social media law ground in August 2014 when it held in favor of the cable network Black Entertainment Television (BET) in a suit brought by the founder of an unofficial Facebook fan page for one of the network’s television shows. In holding that BET acted lawfully when it asked… Continue Reading

Hot Off the Press: The August Issue of Our Socially Aware Newsletter Is Now Available

Posted in DMCA, FDA Regulations, Litigation, Privacy, Statistics, Supreme Court, Wearable Computers

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 examine the use of the Computer Fraud and Abuse Act to combat web scraping; we explore the launch of Google Glass in the UK… Continue Reading

Data for the Taking: Using the Computer Fraud and Abuse Act to Combat Web Scraping

Posted in Litigation, Privacy

“Web scraping” or “web harvesting”—the practice of extracting large amounts of data from publicly available websites using automated “bots” or “spiders”—accounted for 18% of site visitors and 23% of all Internet traffic in 2013. Websites targeted by scrapers may incur damages resulting from, among other things, increased bandwidth usage, network crashes, the need to employ… Continue Reading

Hot Off the Press: The July Issue of Our Socially Aware Newsletter Is Now Available

Posted in FTC, IP, Litigation, Privacy, Terms of Use, UK High Court

The latest issue of our Socially Aware newsletter is now available here. Welcome to a special privacy issue of Socially Aware, focusing on recent privacy law developments relating to social media and the Internet. In this issue, we analyze a controversial European ruling that strengthens the right to be forgotten; we examine a recent California… Continue Reading

Supreme Court Stifles Aereo, but Tries to Keep the Cloud Away

Posted in Copyright, IP, Litigation, Supreme Court

In a closely watched case, the U.S. Supreme Court ruled today in a 6-3 decision that Aereo’s Internet streaming service engages in unauthorized public performances of broadcast television programs in violation of the Copyright Act, reversing the Second Circuit’s decision in American Broadcasting Companies, Inc. v. Aereo, Inc. (No. 13-461). In ruling against Aereo, the… Continue Reading

Court Holds That DMCA Safe Harbor Does Not Extend to Infringement Prior to Designation of Agent

Posted in Copyright, DMCA, Litigation

The safe harbor provisions in § 512(c) of the Digital Millennium Copyright Act (DMCA) provide a mechanism that insulates online service providers from monetary damages for infringing materials posted or stored by their users.  To receive this protection, service providers must designate an agent to receive notice of claims of infringement with the Copyright Office… Continue Reading

Websites Hit With Demand Letters on Accessibility Issues Despite Courts’ Rejection of Claim

Posted in Litigation

In recent weeks, numerous businesses have received letters asserting that their websites are not accessible to persons with disabilities, in violation of the Americans with Disabilities Act and California’s Unruh Act. These letters threaten litigation and warn of large penalty claims under the Unruh Act.  What these letters do not report is that California courts… Continue Reading

Supreme Court Finds Laches Does Not Bar Copyright Infringement Claim: Petrella v. Metro-Goldwyn-Mayer, Inc.

Posted in Copyright, IP, Litigation, Supreme Court

The doctrine of laches cannot be invoked as a bar to a plaintiff’s claim for damages brought within the Copyright Act’s three-year statute of limitations period, according to the United States Supreme Court’s decision in Petrella v. Metro-Goldwyn-Mayer, Inc. The Court, in a 6-3 decision, held that Congress prescribed a specified period in which a… Continue Reading

Hot Off the Press: The May Issue of Our Socially Aware Newsletter Is Now Available

Posted in Copyright, FTC, Internet of Things, IP, Litigation, Privacy, SEC, Supreme Court, 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 analyze a groundbreaking FTC complaint alleging deceptive practices online that could turn website Terms of Use into federal law; we summarize a U.S. Supreme… Continue Reading

French Consumer Association Takes on Internet Giants

Posted in Litigation, Privacy

Earlier this year, the French consumer association UFC-Que Choisir initiated proceedings before the Paris District Court against Google Inc., Facebook Inc. and Twitter Inc., accusing these companies of using confusing and unlawful online privacy policies and terms of use agreements in the French versions of their social media platforms; in particular, the consumer association argued… Continue Reading