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Tag Archives: Litigation

Status Updates

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Where are the CEOs? According to a new study, fully two-thirds of the CEOs of the Fortune 500 have no personal social media presence at all. And of the ones who do participate in social media, two-thirds use only one of the major networks, usually LinkedIn.  Just 42 of the senior executives have Twitter accounts,… Continue Reading

FTC Warns Advertisers to Check the Fine Print in “Operation Full Disclosure”; Shot Across the Bow Could Signal Law Enforcement Actions to Come

Posted in FTC

The Federal Trade Commission (FTC) announced this week that it sent warning letters to more than 60 national advertisers regarding the inadequacy of disclosures in their television and print ads. The letters are part of an initiative named “Operation Full Disclosure,” which the FTC implemented to review fine print disclosures and other disclosures that it… Continue Reading

Status Updates

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Status check.  In the recently released Corporate Directors Survey from PricewaterhouseCoopers, 41% of corporate board members reported that their companies monitor social media for adverse publicity.  That’s up from 32% in 2012.  One commentator suggests that a company’s entire board of directors—not just the members of its audit or risk committees—should be charged with social… Continue Reading

Status Updates

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Pin Money. Brands of all sizes have long used the virtual pin board/social media site Pinterest to promote their wares and drive traffic to their web sites. Beginning in October 2014, companies will be able to purchase paid advertisements on the site as well. Pinterest announced plans to make “Promoted Pins” available to more than… 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

Status Updates

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Is Tumblr trendier? A survey released by Tumblr says the users of that social media platform have higher average incomes than users of Facebook, Twitter, or Pinterest, and a report from Adobe says that this translates into cash: The average revenue per visit from a Tumblr referral is $2.57 on tablets and 67 cents on… 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

Status Updates

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Disappearing ink. Facebook is testing, for a small group of users, a feature that will permit a user to schedule a post for automatic deletion after a specified period of time. It seems that the period can range from an hour to seven days, according to people who have seen it. It is worth noting,… Continue Reading

Status Updates

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Lawsuit panned by Court. The popular ratings app Yelp has been cleared by a federal appeals court of allegations in a class action lawsuit that the company extorted advertising dollars from businesses by threatening to remove positive user reviews or to highlight negative ones. The U.S. Court of Appeals for the 9th Circuit, affirming a… Continue Reading

Status Updates

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We can work it out. Actress Katherine Heigl and the Duane Reade chain of drugstores have settled a $6 million federal suit filed by Heigl this past April in the U.S. District Court for the Southern District of New York. The suit centered on Duane Reade’s March 2014 tweet, “Love a quick #DuaneReade run? Even… Continue Reading

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Blind spots. Self-driving cars are an excellent example of innovation, and the ones with Google technology have already traveled more than 700,000 miles. But what if a self-driving car doesn’t “see” a new traffic light or a previously nonexistent traffic sign? This could result in traffic citations, or worse. But Google says it’s taking steps… Continue Reading

Status Updates

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What’s not to like? The National Labor Relations Board has ruled that an employee’s Facebook “like” approving of another employee’s statements about their employer may constitute “concerted activity” under federal labor law. Two employees—a waitress and a cook—had been fired by a sports bar in Connecticut for complaining about the employer on Facebook, but the… 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

Status Updates

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Facebook reported strong results for ad revenue in the second quarter of 2014. Mobile advertising was particularly strong, up 30 percent from last year. Mobile ads now account for 62 percent of Facebook’s advertising revenue. A federal district judge in California declined to dismiss a case against Google that alleged that it did not adequately… 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

Status Updates

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A St. Louis juror’s use of Google to learn something about punitive damages during a trial, while qualifying as “knucklehead misconduct,” was not a sufficient basis for overturning the jury’s verdict, a judge has held. A new report on the “sharing economy” indicates that peer-to-peer sites such as Airbnb that facilitate private accommodation rentals are… 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

Status Updates

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YouTube has started pointing out to users that service slowness or interruptions are occurring on its videos — a thinly veiled allusion to ISPs, whom YouTube blames for online slowness. Some refer to this as a form of “public shaming.” Although most Americans either don’t realize that their purchasing decisions are affected by social media marketing… Continue Reading

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The New York Court of Appeals has struck down that state’s “cyberbullying” law in a 5-2 decision, finding that it is overly broad and chills First Amendment-protected speech. The case arose when a 15-year-old boy pleaded guilty under the law to creating a Facebook page that included graphic sexual comments alongside photos of classmates at… Continue Reading

Status Updates

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Twitter is rolling out a new type of advertising that reportedly has been very successful for Facebook’s mobile business — mobile-app install ads, which link directly to games and other apps in popular mobile app stores. An Idaho state court affirmed the Idaho Industrial Commission’s denial of unemployment benefits to a nurse who was discharged after… Continue Reading

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Facebook’s deputy general counsel describes the company’s pushback since last summer against sweeping search warrants issued by a court in New York for private data from no fewer than 381 Facebook users. The company regards the warrants as overbroad and unconstitutional. The San Francisco city attorney has ordered the developer of a new mobile app… 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

Status Updates

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In the top news story of the day, the U.S. Supreme Court ruled against Aereo in a closely watched copyright dispute with broadcasters; the Court found that Aereo engages in unauthorized public performances in violation of U.S. copyright law. Will cloud storage models survive this decision? What remains, if anything, of the Second Circuit’s landmark… 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