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.

Social

Search

sociallyaware-abajournalweb100-1

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.

rubin_aaron_blog_150x150.png

rubin_aaron_common_640x280.jpg

rubin_aaron_heroretina_2700x1160.jpg

rubin_aaron_mobileretina_750x1040.jpg

rubin_aaron_social_600x600.jpg

Partner

We know trademarks. With a team of more than 25 lawyers, including Professor J. Thomas McCarthy, world-renowned author of the well-respected McCarthy on Trademarks and Unfair Competition, we are a one-stop practice for guarding valuable business assets.

Trademark

Band 1: Intellectual Property: Trademark, Copyright & Trade Secrets, California

Firm to Watch: Intellectual Property; Trade Marks, Copyright And Design

Firm to Watch: Intellectual Property: Trademarks: Non-Contentious

Silver: Firms: Enforcement and Litigation, California 

Bronze: Firms: Prosecution and Strategy, California

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.

Aaron P. Rubin

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.

gallick_lawrence_blog_150x150.png

gallick_lawrence_common_640x280.jpg

gallick_lawrence_heroretina_2700x1160.jpg

gallick_lawrence_mobileretina_750x1040.jpg

gallick_lawrence_social_600x600.jpg

Of Counsel

Lawrence Gallick

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.

ramirez_anthony_blog_150x150.png

ramirez_anthony_common_640x280.jpg

ramirez_anthony_heroretina_2700x1160.jpg

ramirez_anthony_mobileretina_750x1040.jpg

ramirez_anthony_social_600x600.jpg

Our M&A lawyers represent Fortune 500 companies, private equity firms, investment banks, and privately-held companies in their most high-profile and complex mergers and acquisitions.

Mergers + Acquisitions

M&A Lawyers & Capabilities

Ranked for M&A: Foreign Firms in Singapore

Ranked for Global Corporate/M&A 

Ranked in the “Elite” Category of Corporate/M&A – Nationwide

Ranked for Corporate/M&A – Northern California

Ranked Band 1 for California Corporate/M&A: Deals in Asia

Ranked in the “Highly Regarded” Category of New York Corporate/M&A

Ranked in the “Elite” Category of Corporate/M&A: International

Ranked Band 1 for Corporate/M&A in Japan

Ranked for Corporate/M&A: International in Singapore

Ranked for Corporate/M&A: Hong Kong-based (International Firms)

Ranked for Corporate/M&A: Mid-Market in Germany

Awarded Deal of the Year for Imerys Joint Venture with British Lithium

Two MoFo Japan Deals Shortlisted for M&A Deal of the Year (Premium)

Two MoFo China Deals Shortlisted M&A Deal of the Year (Premium and Midsize)

Five MoFo Lawyers Named to M&A Powerlist

Named a Leading Firm for M&A

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

favicon.ico

favicon-16x16.png

favicon-32x32.png

apple-touch-icon.png

MoFo Favicons

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.

Welcome to Socially Aware

240920-socially-aware-header.jpg

Welcome to Socially Aware

240920-socially-aware-header

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.

News and Announcements

Blog - Terms of Use

Blog - Privacy Policy

Blog - Blog Disclaimer

Blog - Attorney Advertising

morrison-foerster-blog-logo.png

Provides a data-driven look at the Federal Circuit.

Federal Circuitry

Brings together legal insights and in-depth analyses on trends and complex issues shaping the global technology industry.

MoFo Tech

Mofo Tech

Equips our clients with the most up-to-date and relevant information on employment and labor law issues.

Employment Law Commentary

In-depth analysis of developments and trends impacting government contracting.

Government Contracts Insight

Government Contracts Insights

Provides insights and reports on the most current class actions lawsuits and product liability issues that affect consumer-facing companies.

Class Dismissed Blog

Class Dismissed

MoFo’s Socially Aware blog provides timely updates and analysis of the many complex and cutting-edge legal and business issues arising out of social media.

Socially Aware

  Linkedin

MoFo LinkedIN

Socially Aware Blog - RSS

Stay Connected

Never miss a post from Socially Aware. Enter your email below to stay up-to-date.

Subscribe

The Law and Business of Social Media

Morrison Foerster - Footer

Blogs -  Home Button

Home

Blog - Topics

Web Scraping

Advertising

Antitrust

Arbitration

Artificial Intelligence

Asia

Autonomous Vehicles

Bankruptcy

Big Data

Blockchain

Class Actions

Cloud Computing

Compliance

Contracts

COPPA

Copyright

Crowdsourcing

Cyberbullying

Cybersecurity

Data Security

Defamation

Digital Content

Disappearing Content

Discovery

DMCA

E-Commerce

E-Discovery

E-Personation

Electronic Contracts

Employment Law

Endorsement Guides

Ephemeral Messaging

Ethics

European Union

Event

Fair Use

FDA Regulations

Financial Institutions

First Amendment

Fraud

Free Speech

GDPR

Hacking

Influencer Marketing

Infographic

Internet of Things

Investment Management Law

JOBS Act

Labor Law

Litigation

Live streaming

Marketing

Mobile

Online Contracts

Online Endorsements

Online Promotions

Online Reviews

Patent

Privacy

Product Liability

Protected Speech

Right of Publicity

Right To Be Forgotten

Section 230 Safe Harbor

Securities Law

Social Media Policy

Statistics

Status Updates

Stored Communications Act

Supreme Court

Terms of Use

UK High Court

User-Generated Content

Wearable Computers

Topics

Blog - Editors

Editors

Blog - About

About

Blog - Subscribe

More

Lawrence W. Gallick

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

Because it bases its assessments on job title, location and industry, LinkedIn’s new Salary feature might be more accurate than are other online compensation estimation tools.States are trying to pass laws that balance bereaved people’s desire to access their deceased loved ones’ social media accounts with the privacy interests of the account holders and the people with whom they corresponded. Without such laws, access to a deceased person’s digital assets might depend on the various social media platforms’ terms of use.In lawsuits, social media has occasionally made it easier to serve process on adverse parties, but it has also made it more difficult to ensure that jurors remain unbiased.A UK company wants to set car insurance premiums using an algorithm that analyzes car owners’ Facebook posts for pertinent personality traits?! The plan likely won’t go far; it violates Facebook’s platform policy.Kenya deported a registered refugee for posting to social media his support of the U.N. secretary-general’s firing of a Kenyan commander of a peacekeeping mission in South Sudan, the refugee’s native country.Thinking of posting a photo of yourself in the voting booth on Tuesday? Not so fast. In many states it’s illegal to share on social media photos of completed ballots and photos of yourself inside a voting booth. Courts all over the U.S. are hearing challenges to these so-called “ballot selfie” laws.Does a lawyer violate ethics rules by purchasing the names of competing lawyers or law firms as keywords that improve the purchasing lawyer’s own rank in Google search results?In the three years since its launch, an app called Scholly, which matches students with a personalized list of scholarships, has been downloaded over a million times. Here’s some advice for other social entrepreneurs from the company’s 25-year-old founder and CEO.Some researchers believe the likes, status updates and photos posted to social media platforms will someday be the source material for breakthroughs in the field of psychiatry.A UK solicitor was fined by a professional conduct regulator for posting a series of “unprofessional and offensive” tweets bragging about his victory over vulnerable adversaries.

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 Rubin

Social Links: LinkedIn’s new feature estimates salaries; states grapple with digital-asset-inheritance laws; insurance company wants to base rates on applicants’ Facebook posts

Because it bases its assessments on job title, location and industry, LinkedIn’s new Salary feature might be more accurate than are other online compensation est

Social Links: LinkedIn’s new feature estimates salaries; states grapple with digital-asset-inheritance laws; insurance company wants to base rates on applicants’ Facebook posts

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 known as geo-blocking. The proposed new rules will benefit both consumers and businesses that purchase goods or services within the EU (excluding resellers).The European Commission believes that geo-blocking and discriminatory practices undermine online shopping and cross-border sales within the EU.The Regulation, which must still undergo review by the European Parliament and the Council of the EU, may change and is expected to be in force in 2017 (except the ban on discriminating against customers of electronically supplied services, which is expected to be effective beginning July 2018). When it is adopted, the Regulation will automatically take effect in all Member States without each Member State having to implement it into national law.The Traders to Whom the Regulation Applies The Regulation will apply to all traders, (including small- and medium-sized enterprises and micro-enterprises) operating in the EU. Small businesses that fall under a national VAT threshold, however, will be exempt from certain provisions. The Regulation will also apply to traders  established outside the EU to the extent that they sell or intend to sell goods or services to customers in the EU.  The Prohibition Against Discrimination Traders must not discriminate against customers on the basis of their nationality, place of residence or place of establishment when selling (or seeking to sell) goods or services:<ul><li>in a Member State other than the Member State in which the customer resides or has its establishment;</li></ul><ul><li>in the same Member State, but the customer is a national of another Member State; or</li></ul><ul><li>in a Member State in which the customer is temporarily located without residing in that Member State or having a place of establishment there.</li></ul>The Prohibition Against Blocking A trader operating an online interface (such as a website or app) will not be permitted, through technology measures or otherwise, to block or limit customers’ access for reasons related to the customer’s nationality, or place of residence or establishment. In addition, a trader will not be permitted to redirect a customer from one website to an alternative website without the customer’s consent. And, if a customer consents to the redirection, the customer must still be able to access the original website.The Prohibition Against Different Terms, Goods or Services A trader may not apply different terms and conditions to a customer based on that customer’s nationality, residence or place of establishment. This ban applies to:<ul><li>sales of goods where the trader is based in a different Member State than the customer;</li></ul><ul><li>all electronically supplied services (except services that involve providing access to copyright-protected content, as discussed below), e.g., cloud services and web hosting; and</li></ul><ul><li>offline services provided at the trader’s premises or in a location where the trader operates, where such site is in a different Member State to where the customer is a national, is resident or is established.</li></ul>Note that the Regulation does not require traders to deliver goods cross-border, however. As long as it requires the same thing of all of its customers, a merchant may require a foreign customer to pick up goods in the Member State where the merchant is located, or in another Member State to which the merchant delivers.The Prohibition Against Different Payment Conditions A trader may not apply different payment conditions to sales of goods or services within the EU, subject to certain criteria. However, a trader will still be free to decide which payment means it accepts from customers. And the Regulation does not address pricing, so traders will still be free to set prices in a non-discriminatory manner.Exceptions To the relief of content providers across the EU, the Regulation does not apply to copyrighted content. This is a departure from the Commission’s original plans, and means that digital content providers (e.g., providers of audio-visual media, e-books, gaming apps and software) can continue to licence their content on a territorial basis (subject to portability obligations under the draft Regulation on cross-border portability and obligations under the proposed amendments to the Audiovisual Media Service Directive).The Regulation also does not apply to financial services, transportation services, health care services or gambling.There are also specific exceptions to the discrimination obligations, where required, to comply with applicable EU or Member State laws (e.g., applicable laws regarding the protection of children), but any such restrictions must be “precisely justified.”The Impact of Brexit The UK voted to leave the EU on 23 June 2016. However, until the UK government formally provides an Article 50 notice, the UK remains part of the EU and subject to EU law and regulation. Accordingly, if this Regulation comes into force in 2017, it will apply to the UK because it is directly applicable in all EU Member States. Whether or not the law will continue to apply post-Brexit will depend on the Brexit model that the UK government adopts, which is not yet clear. It seems likely that this sort of law is one which the UK government would positively want to encourage—or at least the UK government would need to find some way to agree mutual recognition between the EU and the UK, because if the law doesn’t apply to the UK, then it would mean that EU businesses could discriminate against UK customers.What Traders Should Do NowTraders that will be affected by the proposed new law should start reviewing the technical features of their platforms, as well as their terms and conditions, including their payment terms, to identify whether they discriminate against customers based on their nationality, place of residence or place of establishment. Traders should also consider what changes their platforms and terms will have to undergo to ensure compliance with the new law so that, when the proposed law is adopted, they will have started to undertake the necessary preparations.

istock_23639835_small-1.jpg

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

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

As part of the European Commission’s Digital Single Market initiative, the European Commission has published a draft Regulation aimed at preventing traders from

The <a href="https://www.technologyreview.com/s/602713/how-the-internet-of-things-took-down-the-internet/" target="_blank" rel="noopener">Internet of Things is apparently to blame for the Web outage</a> that paralyzed the online world earlier this month.<a href="http://www.usatoday.com/story/life/nation-now/2016/10/26/justin-timberlake-ballot-selfie/92790196/" target="_blank" rel="noopener">Justin Timberlake took down his “ballot selfie”</a> from Instagram after <a href="http://www.businessinsider.com/justin-timberlake-broke-the-law-voting-booth-selfie-photo-2016-10?&platform=bi-androidapp" target="_blank" rel="noopener">Tennessee authorities made clear that it was illegal</a>.Presumably in order to help facilitate compliance with guidance from regulators in the <a href="http://www.sociallyawareblog.com/2014/12/03/ftc-enforcement-action-confirms-that-ad-disclosure-obligations-extend-to-endorsements-made-in-social-media/" target="_blank" rel="noopener">United States</a>, United Kingdom and elsewhere, YouTube is making available to video creators an easy-to-use “sponsored content” notification that they can opt to have appear during the first few seconds of their videos.Will blockchain technology be <a href="https://www.linkedin.com/pulse/blockchain-could-musics-next-big-disruptor-don-tapscott?trk=hp-feed-article-title-editor-pick" target="_blank" rel="noopener">the next big wave of disruption for the music industry</a>?With <a href="http://venturebeat.com/2016/10/13/tinder-smart-photos/" target="_blank" rel="noopener">Tinder’s new feature</a>, online daters can be sure their profiles feature the photos most likely to get right-swipes.When the chief digital officer at New York’s Metropolitan Museum of Art lost his job, he <a href="https://www.fastcompany.com/3064052/creative-conversations/how-this-exec-used-social-media-to-turn-his-layoff-into-a-career-rebo7" target="_blank" rel="noopener">turned to social media for advice</a>.The NFL’s new social media policy promises to impose hefty fines on member teams that post videos or animated GIFs of games, or use Facebook Live or Periscope to stream anything in the stadium.When a Russian tech entrepreneur’s friend died, she <a href="http://www.theverge.com/a/luka-artificial-intelligence-memorial-roman-mazurenko-bot" target="_blank" rel="noopener">used artificial intelligence and his old text messages to create a futuristic memorial</a>.Employed but curious about new job opportunities? Now you can <a href="http://www.businessinsider.com/linkedin-open-candidates-secretly-find-job-2016-10" target="_blank" rel="noopener">change your LinkedIn profile to secretly signal to recruiters</a> that you’re in the market for a new gig.Guess what percentage of Americans one researcher predicts <a href="http://venturebeat.com/2016/10/13/only-6-of-americans-will-own-a-vr-headset-in-2016/" target="_blank" rel="noopener">will own a virtual reality headset</a> in 2016?Could <a href="http://www.huffingtonpost.com/entry/google-flights-tips-tricks_us_58062e82e4b0b994d4c1675a" target="_blank" rel="noopener">Google Flights be the ticket to finding the best possible fare</a> to your 2016 winter holiday destination?

Social Links: IoT Causes Web Outage; YouTube Makes Endorsement Disclosure Convenient; NFL’s Social Media Policy Imposes Fines

The Internet of Things is apparently to blame for the Web outage that paralyzed the online world earlier this month. Justin Timberlake took down his “ballot sel

Social Links: IoT Causes Web Outage; YouTube Makes Endorsement Disclosure Convenient; NFL’s Social Media Policy Imposes Fines