Social media sites are transforming not only the daily lives of consumers, but also how companies interact with consumers. Here at Morrison Foerster, across all of our practice groups, we are seeing complex, cutting-edge legal issues arising out of social media. As with the Internet boom during the mid-to-late 1990s, social media is generating new legal questions at a far faster pace than the law’s ability to provide answers to such questions. In an effort to stay on top of these emerging issues, and to keep our clients and friends informed of new developments, Morrison Foerster publishes this blog devoted to the law and business of social media.<h2>ABOUT MORRISON FOERSTER</h2>Morrison Foerster is a leading global law firm that transforms complexity into advantage for its clients. Our clients include some of the largest financial institutions, banks, consulting and accounting firms, and Fortune 100, technology, and life sciences companies. Highlighting the firm’s commitment to client service, leadership in market-changing deals and impact litigation, and values-based culture, Morrison Foerster has been repeatedly recognized as one of the top 10 firms on The American Lawyer’s A-List. Year after year, the firm receives significant recognition from Chambers and The Legal 500 across their various guides, including Global, USA, Asia‑Pacific, Europe, UK, Latin America, and FinTech Legal. Our lawyers passionately care about delivering legal excellence while living our values. Morrison Foerster has a long-standing commitment to creating a culture that respects and celebrates differences, while providing an inclusive environment. The firm has achieved Mansfield Certification Plus since 2018 as a result of successfully reaching at least 30 percent women, communities of color, and LGBTQ+ lawyer representation in a notable number of current leadership roles and committees. The firm also has a long history of commitment to the community and society through providing pro bono legal services, including litigating for civil rights and civil liberties, improving public education and fostering the wellbeing of children, advocating for veterans, promoting international human rights, enforcing the right to asylum, and safeguarding the environment.

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Aaron is the chair of the firm’s Technology Transactions Group and co-chair of the Interactive + Digital Media Group. He advises clients on a wide range of complex transactions involving intellectual property and technology, including structuring and negotiating strategic licensing, development, collaboration, procurement, and distribution deals.Aaron’s practice focuses on advising both established and emerging companies in a variety of data- and technology-intensive sectors, including software, SaaS, cloud-based technology, digital media (social media, AR/VR, gaming, streaming media, AdTech), AI, healthcare, consumer electronics, e-commerce, other online business models, and mobile applications. He also maintains an active practice counseling companies on branding and marketing, trademark licensing, and content-related transactions, as well as the intellectual property aspects of mergers, acquisitions, asset spin-offs, and private equity investments.He has represented clients such as Autodesk, Meta, OpenAI, Splunk, Konami, Kaiser Permanente, SoftBank, Visa, and Yahoo, among others.Aaron has been recognized by numerous publications for his work on market-defining technology transactions. He is currently ranked by Chambers USA for “Technology Transactions.”Aaron also serves as co-editor of Socially Aware, the firm’s award-winning newsletter and blog devoted to the law and business of social media, and regularly publishes on various IP and technology-related topics. Aaron is also a sought-after speaker on new and emerging areas of law, and is a frequent presenter and panelist at conferences and legal services programs. In addition to his active practice, Aaron regularly provides pro bono assistance to various nonprofit and charitable organizations such as Common Sense Media and the Starlight Children’s Foundation. He is a member of the board of directors of California Lawyers for the Arts.While in law school at the University of California, Berkeley, Boalt Hall School of Law, Aaron served as executive editor of the California Law Review and was elected to the Order of the Coif. Following law school, Aaron served as law clerk to the Honorable William H. Orrick and the Honorable Martin J. Jenkins, both United States District Judges for the Northern District of California.

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Aaron is the chair of our Technology Transactions Group. He advises clients on a wide range of complex transactions involving intellectual property and technology, including structuring and negotiating strategic licensing, development, collaboration, procurement, and distribution deals. Aaron’s practice focuses on advising both established and emerging companies in a variety of data– and technology–intensive sectors, including software, SaaS, cloud computing, AR/VR, AI, gaming, healthcare, consumer electronics, social media, e–commerce, other online business models, and mobile applications. He also maintains an active practice counseling companies on the intellectual property aspects of mergers, acquisitions, asset spin–offs, and private equity investments.

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Lawrence Gallick is of counsel in the firm’s Austin office and a member of the Technology Transactions Group.Lawrence focuses his practice on technology transactions and licensing matters. His diverse experience includes advising on SaaS agreements, cross-licensing agreements, research and collaboration agreements, development agreements, and distribution agreements. He counsels a broad range of companies across the software, hardware, life sciences, biotech and FinTech spaces, as well as other entities including universities.He advises clients in connection with general corporate matters including contract negotiations, and leasing and technology placement agreements.Lawrence also serves as co-editor of <a href="https://www.sociallyawareblog.com/" target="_blank">Socially Aware</a>, the firm’s award-winning newsletter and blog devoted to the law and business of social media, and regularly publishes on various IP and technology-related topics.Prior to joining the firm, Lawrence was counsel at another major law firm. Before earning his law degree, Lawrence was a web consultant, project manager, and web developer in Portland, Oregon, where he managed and consulted on projects using industry methodologies and performed custom development and integration of content management systems.Lawrence was named a Super Lawyers “Rising Star” in 2015 and 2018–2022, and is licensed in both California and New York. Lawrence earned his J.D. from the University at Buffalo School of Law, where he was the electronic systems editor for the Buffalo Law Review and awarded the ABA-BNA Award for Excellence in the Study of Intellectual Property Law.

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Anthony Ramirez is a partner in the Technology Transactions Group in the New York office of Morrison Foerster.Anthony advises clients on general commercial and transactional matters. He regularly advises companies on the IP aspects of their M&A transactions. His clients include technology, digital media and content for television and music, financial services, and communications companies with diverse intellectual property assets and issues.His practice focuses on the legal aspects of developing, licensing, and commercializing technology and intellectual property, as well as negotiating general commercial contracts, including outsourcing transactions, as well as content and data licenses. He regularly assists clients with legal issues relating to licensing and commercialization of digital media and content, digital content that is distributed over the Internet or streamed, mobile applications and social media, as well as the licensing of recorded music for distribution via digital platforms. Anthony is also experienced with issues relating to open-source software, software development, artificial intelligence and machine learning, cloud-based technology, and protection of proprietary information.Anthony has extensive experience working on matters involving disruptive technologies, such as blockchain. He has helped fintech clients with general intellectual property issues in connection with terms of service for online financial products and services.Anthony is an integral part of the outside pro bono legal team for nonprofit organizations based in New York, including advising clients on legal issues regarding entertainment, social media, privacy rights, and the negotiation of outsourcing and service agreements. Anthony received his J.D. from the University of Michigan Law School in 2009. He received his B.S. from Cornell University in 2004.

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Anthony Ramirez is a partner in the Technology Transactions Group in the New York office of Morrison Foerster. He advises clients on general commercial and transactional matters. His clients include technology, media, and communications companies with considerable intellectual property assets. His practice focuses on the legal aspects of licensing and commercializing technology and intellectual property, as well as negotiating general commercial contracts. He also regularly assists clients with legal issues relating to mobile applications and social media.

Anthony M. Ramirez

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Socially Aware is devoted to the law and business of social media, proactively addressing emerging issues and keeping our clients informed of new developments. We cover fields such as artificial intelligence, privacy and data security, Section 230, intellectual property, and much more.

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Socially Aware is devoted to the law and business of social media, proactively addressing emerging issues and keeping our clients informed of new developments. We cover fields such as artificial intelligence, privacy and data security, Section 230, intellectual property, and much more.

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Social Links: Statehouse v. Smartphone

Federal Court Enjoins California Teen Privacy Law . . . Again

All Your Sale Are Belong to Us - Mitigating IP and Payments Risk in In-Game Economies (Part II – User-Generated Content and In-Game Payment Models)

A New California Digital Content Law Establishes New Requirements for Advertisers and Vendors

California’s Assembly Bill 587 Loses Key Provisions After Legal Challenge from X

Nevada just joined California as the second state to enact an opt-out right for consumers from the “sale” of their personal information. <a href="https://www.leg.state.nv.us/App/NELIS/REL/80th2019/Bill/6365/Text" target="_blank" rel="noopener">Senate Bill 220</a>, which was signed into law on May 29, 2019, is scheduled to take effect on October 1, 2019, three months prior to its precursor under the California Consumer Protection Act (the CCPA). The opt-out right is one of several changes made to Nevada’s <a href="https://www.leg.state.nv.us/NRS/NRS-603A.html#NRS603ASec310" target="_blank" rel="noopener">existing online privacy law</a>, which requires operators of commercial websites and other online services to post a privacy policy. In addition to the new opt-out right, the revised law exempts from its requirements certain financial institutions, HIPAA-covered entities, and motor vehicle businesses.While both California and Nevada will provide consumers with the right to block covered businesses from selling their personal information, there are key differences between the two laws. Notably, . Businesses covered by both laws will need to ensure that any programs being developed to meet the CCPA opt-out requirements are also Nevada-compliant and ready by the earlier deadline, or that a Nevada-specific process is in place in time.There is no private right of action under the Nevada law, which instead contemplates enforcement by the Attorney General, with civil penalties of up to $5,000 per violation.A New (but Narrow) Right to Opt Out of the Sale of Personal Information Collected OnlineThe Nevada law requires operators of websites and other online services to make certain disclosures regarding their collection and use of “covered information.” “Covered information” means name, address, e-mail, telephone number, SSN, any identifier that allows a person to be contacted either physically or online, or “any other information concerning a person collected from the person through the Internet website or online service of the operator and maintained by the operator in combination with an identifier in a form that makes the information personally identifiable.”When the revised law takes effect, consumers will be able to direct an operator not to sell their covered information under certain circumstances. These circumstances, however, are fairly narrow, especially when compared to the opt-out right under the CCPA. Most notably, the definition of “sale” under the Nevada statute is restricted to exchanges of covered information that are for monetary consideration and to a person that licenses or resells the information to another person. This means that sales to third parties will be excluded from the reach of the Nevada opt-out right where the information is used for that third party’s own purposes and is not resold or licensed. This stands in contrast to the CCPA, which extends its opt-out right to exchanges for monetary or “other valuable” consideration and is not limited by the third-party recipient’s intended use or disclosure of the information.The differences do not stop there. The Nevada opt-out right is available to a much narrower set of individuals and covers a smaller subset of personal information than its CCPA counterpart. Specifically, Nevada’s definition of “consumer” clearly excludes employees and other individuals acting in a commercial capacity, whereas the equivalent CCPA definition currently does not. Moreover, “covered information” under the Nevada law is limited to information collected online, whereas the CCPA applies to personal information collected offline as well. Finally, while both the Nevada and California laws exempt from the opt-out requirement disclosures involving service providers and certain corporate acquisitions, the Nevada law includes additional exceptions for disclosures to affiliates, as well as disclosures consistent with the reasonable expectations of the consumer.New Process, New AmbiguitiesOnce the Nevada law comes into effect in October, operators of websites and online services will be required to have a process in place through which a consumer may submit a do-not-sell request. In particular, an operator will need a “designated request address,” defined as an email address, online form, or toll-free number, to facilitate such requests. Unlike the CCPA, however, the law does not make any distinction between operators who actually “sell” covered information and those who do not, and thus it appears to require that all operators have a designated request address in place even if they do not sell covered information.The CCPA requires that covered businesses make available a “do not sell my personal information” link.  The amended Nevada law, on the other hand, imposes no requirement to notify consumers about their right to opt out.Under the revised Nevada law, operators need only respond to “verified” requests, which are those for which the operator can confirm the identity of the individual and the authenticity of the request, using commercially reasonable means. The law, however, is silent as to what such verification actually entails. The law gives operators 60 days (with the possibility of a 30-day extension) to respond to opt-out requests. The CCPA currently provides for no specific timeframe.New Categories of Exemptions From the Law’s RequirementsThe Nevada law exempts from its coverage third parties that operate, host, or manage a website or online service on behalf of its owner or that process information on behalf of the owner. The amended law adds three exemptions: (i) financial institutions and affiliates of financial institutions subject to the Gramm-Leach-Bliley Act; (ii) covered entities under HIPAA; and (iii) manufacturers of or persons who repair or service motor vehicles (with respect to covered information collected in connection with certain technologies or services relating to such motor vehicles).

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Clients seek out Julie because of her practical advice on cutting-edge issues at the intersection of privacy and consumer protection laws. She provides clients with practical solutions to compliance c

Julie O'Neill

Clients seek out Julie because of her practical advice on cutting-edge issues at the intersection of privacy and consumer protection laws. She provides clients with practical solutions to compliance challenges around a wide variety of both online and offline privacy issues, including tracking, interest-based advertising, geo-targeting and other mobile tracking, personalization, and cross-device tracking. Recognized in The Legal 500 US 2014, 2016, 2019, and 2020 and Chambers USA 2021 for her exceptional legal work, her clients praise her saying, “She is really good at giving practical, targeted advice and taking stock of what the risk profile of the client is, so that the advice is holistic.” (Chambers USA 2021).

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Nevada Enacts CCPA-Style Opt-Out Right for Consumers—but Similarities Are Few

Effective October 1:  Nevada “Do Not Sell” Requirements for Website Operators

Nevada just joined California as the second state to enact an opt-out right for consumers from the “sale” of their personal information. Senate Bill 220, which 

Nevada Enacts CCPA-Style Opt-Out Right for Consumers—but Similarities Are Few