Socially Aware

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 against—emerging
... ›
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 ,
... ›
December 18, 2015 - Endorsement Guides, Online Reviews, Litigation
Frying Small Potatoes: Will Amazon’s Pursuit of Individual Fake-Review Writers Pay Off?
By: Aaron P. Rubin
Amazon’s customer reviews have long been a go-to resource for consumers researching prospective purchases. Unfortunately, fake customer reviews—product critiques commissioned by merchants and manufacturers in an effort to bolster their own products’ reputations or undermine their competitors’—have been around for almost as long. Now,
... ›
December 07, 2015 - Copyright
Creative Commons Works: Free to License, But Not Necessarily Free to Use
Companies love to use third-party content for free. In this era of belt-tightening and slashed marketing budgets, why pay to create photos and videos for advertising and other commercial uses when compelling photos and videos are readily available online for licensing for commercial use
... ›
December 02, 2015 - News and Announcements
Wow! Socially Aware Made the Blawg100!
By: Aaron P. Rubin
We are delighted to announce that Socially Aware has been included in the 9th Annual Blawg 100 , a list of “100 excellent legal blogs” selected by the staff and readers of the ABA Journal , the American Bar Association’s flagship magazine, which is
... ›
December 01, 2015 - FTC, Marketing, Privacy, Compliance
Cross-Device Tracking Attracts Interest From Regulators, Prompts Guidance From Industry Group
By: Julie O'Neill
Cross-device tracking is a hot new issue for regulators. Companies engaged in the practice should take note of two recent developments. On November 16, 2015, the Federal Trade Commission (FTC) hosted a workshop on the issue and, perhaps not coincidentally, on the same day
... ›