Socially Aware

January 28, 2016 - Advertising, Endorsement Guides, FTC, Data Security, Terms of Use, Cyberbullying, Marketing, Privacy, Online Endorsements
Now Available: The January Issue of Our Socially Aware Newsletter
By: Aaron P. Rubin
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 offer practical tips to help ensure the enforceability of website terms of use; we discuss
... ›
January 27, 2016 - Terms of Use
Launching a Mobile App in Europe? Seven Things to Consider When Drafting the Terms & Conditions
[Editor’s Note: In response to the success of our earlier post on terms and conditions for mobile apps, two of our London-based colleagues have prepared a “remixed” version, which looks at the subject of mobile app terms and conditions from a European perspective. Enjoy!]
... ›
January 14, 2016 - Digital Content, E-Commerce, European Union, Terms of Use, Cloud Computing
Harmonizing B2C Online Sales of Goods and Digital Content in Europe
By: Alistair Maughan
The European Commission has announced new draft laws that would give consumers new remedies where digital content supplied online is defective or not as described by the seller. On Dec. 9, 2015, the European Commission proposed two new directives on the supply of digital content
... ›
January 14, 2016 - Digital Content, DMCA, Copyright, IP, Litigation
New Court Decision Highlights Potential Headache for Companies Hosting User-Generated Content
By: Anthony M. Ramirez
In this election season, we hear a lot of complaints about laws stifling business innovation. And there is no doubt that some laws have this effect. But what about laws that spur innovation, that result in the creation of revolutionary new business models? Section 512(c)
... ›
January 13, 2016 - FTC, Data Security, Privacy, Big Data, Compliance
Big Data, Big Challenges: FTC Report Warns of Potential Discriminatory Effects of Big Data
By: Mary Race and Julie O'Neill
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,
... ›
January 11, 2016 - E-Discovery, Discovery, Litigation
Go Fish: Do General Discovery Rules Apply to a Litigant’s Facebook Posts?
By: J. Alexander Lawrence
While discovery of social media information has been commonplace for some time , courts are still struggling with when such discovery should be allowed. While courts generally hold that normal discovery rules apply to social media discovery, at least one judge has identified—and railed
... ›
January 11, 2016 - News and Announcements
2015: Our Greatest Hits
By: Aaron P. Rubin
Last year, entrepreneurs, companies and courts grappled with questions over content owners’ rights with respect to livestreaming, Yelp reviewers’ anonymity expectations , bankruptcy creditors’ access to business’ Facebook and Twitter accounts , and the constitutionality of laws punishing the posters of revenge porn and
... ›
January 07, 2016 - E-Commerce, Live streaming, Disappearing Content, Marketing, Privacy, Compliance, Wearable Computers
Our List of Lists
By: Aaron P. Rubin
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
... ›
January 05, 2016 - FTC, Marketing, Compliance
An FTC Warning on Native Advertising
By: Julie O'Neill
“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),
... ›
December 21, 2015 - Endorsement Guides, FDA Regulations, FTC, Marketing, Compliance, IP, Online Endorsements
Influencer Marketing: Tips for a Successful (and Legal) Advertising Campaign
By: Julie O'Neill
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 ,
... ›