Socially Aware

April 29, 2013 - Terms of Use, Arbitration
Administering Arbitration Clauses in Online Terms of Service Agreements
Morrison & Foerster’s Sherman Kahn Interviews American Arbitration Association Vice President, Sandra Partridge Many companies are providing for arbitration of disputes in their terms of service agreements governing use of their websites or other online or mobile services. Arbitration clauses in online terms of
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April 24, 2013 - E-Commerce, Litigation
E-Commerce Providers Take Note: New York’s Highest Court Upholds “Amazon” Sales Tax Statute
On March 28, 2013, the Court of Appeals, New York’s highest court, issued a decision in Overstock.com, Inc. & Amazon.com, LLC, et al ., holding that New York’s “click-through nexus” statute does not violate the Commerce Clause or the Due Process Clause of the U.S.
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April 17, 2013 - Copyright, Litigation
Federal Court Says No to “Used” Digital Music Marketplace
Digital music has come a long way since the era of widespread unauthorized sharing, with digital music sales estimated to be approaching $6 billion worldwide. As this market grows, a natural question is whether there can be a legitimate digital analog to the traditional
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April 16, 2013 - FTC, Privacy
European Privacy Regulator Issues Important Opinion on the Use of Apps
By: Alex van der Wolk
On February 27, 2013, the European Article 29 Working Party (a group comprising representatives from all of the data protection authorities of the EU Member States, referred to in this articles as “WP29”) issued an Opinion on the privacy and data protection implications of
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April 16, 2013 - Litigation
Spoliation of Social Media Evidence: New Jersey Court Cracks Down
A March 23, 2013 decision from the U.S. District Court for the District of New Jersey serves as a cautionary tale for litigants. As a result of some arguably poor decisions by the plaintiff and likely miscommunication between the parties regarding access to the
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April 09, 2013 - FTC, Litigation
Federal Court in Manhattan “Likes” Service of Process via Facebook
On March 7, 2013, a federal court in Manhattan ruled, in Federal Trade Commission v. PCCare247 Inc. , that service via Facebook is an acceptable alternative means of serving court documents on foreign defendants. Although this is a watershed ruling in many respects, in
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April 07, 2013 - Event
Technology Law Update: Recent Developments in Social Media & Internet Law
Please join Socially Aware editor John Delaney as he speaks at the New England Corporate Counsel Association’s “Technology Law Update: Recent Developments in Social Media & Internet Law” event in Waltham, MA on Wednesday, April 10. Issues to be addressed in the presentation include
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April 04, 2013 - Securities Law, SEC
SEC Offers Guidance on Use of Social Media for Public Disclosure
By: David M. Lynn
On April 2, 2013, the U.S. Securities and Exchange Commission (SEC) issued guidance in the form of the Report of Investigation under Section 21(a) of the Securities Exchange Act of 1934 which indicates that social media channels—such as Twitter and Facebook—could be used by
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April 02, 2013 - Copyright, Litigation
Southern District of New York Examines Whether News Clipping Service Qualifies as Fair Use Under Copyright Act
It is well settled that Internet search engines’ reproduction of limited portions of copyrighted materials in order to direct Internet users to locations of original content constitutes “fair use” under the Copyright Act. (See, for example, Perfect 10, Inc. v. Amazon.com, Inc. and Kelly
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March 20, 2013 - Privacy, Litigation
More Trouble With Work-Related Social Media Accounts
We have written before about cases involving disputes between employers and employees over work-related social media accounts, but a new case out of Arizona federal court raises issues that appear to be unlike those we have addressed previously. In Castle Megastore Group, Inc. v.
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