Infographic: The Growing Impact of Social Media
... ›Welcome to Socially Aware
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.
California A.G. Makes Good on Promise to Pursue Apps That Don’t Comply With the State’s Privacy Policy Law
By: Julie O'Neill
On October 30, 2012, California Attorney General Kamala Harris announced that her office would begin notifying the developers of as many as 100 mobile apps that their apps do not comply with the state’s Online Privacy Protection Act (OPPA) and that they have 30... ›That’s a Wrap: Nguyen v. Barnes & Noble
Website operators often take for granted the enforceability of their websites’ terms of service. In a recent order issued in a case from the Central District of California, Nguyen v. Barnes & Noble, Inc. , Judge Josephine Tucker reminds us that such presumptions are... ›Born to Mock: Trademark Holder’s Fight to Remove Mark on Kitsch Merchandise May Have Broad Legal Implications
By: Jessica Kaufman
Popular online marketplace CafePress.com suffered a legal setback recently when a U.S. District Court in the Southern District of New York denied CafePress’s motion for summary judgment against claims of trademark infringement. CafePress operates an online “print on demand” service that allows users to... ›New California Law Limits Employer Access to Employee Social Media Accounts
On September 27, 2012, California Governor Jerry Brown signed a bill that restricts employer access to the “personal social media” of employees and applicants for employment. Assembly Bill 1844 (“AB 1844”) adds to the California Labor Code new section 980. Under this section, an... ›FTC Issues Guidance for Mobile App Privacy and Advertising; Signals More Enforcement Coming
On September 5, 2012, the Federal Trade Commission (FTC) published a brief guide to assist developers of mobile applications, both large and small, in complying with truth-in-advertising, privacy, and data security principles. In publishing this advice, the FTC makes clear that its Section 5... ›G2G, Yo Quiero TB: Taco Bell Found Not Liable for Franchisee Text Message Campaign
By: Jessica Kaufman
Plaintiffs’ attorneys seeking to cash in on grande class action lawsuits against companies that launch text message advertising campaigns suffered a setback in June as the U.S. District Court in the Southern District of California granted Taco Bell summary judgment in a lawsuit for... ›Judge Posner Kicks that Flava in Ya Ear: New Guidance on Contributory Infringement from the Seventh Circuit
Over the past year, a number of courts across the country have decided cases involving contributory infringement and the application of the Digital Millennium Copyright Act’s § 512(c) safe harbor in the social media context. Unfortunately for those who favor a uniform approach to the... ›- - SEC
SEC Releases Proposed Rules Relaxing Ban on General Solicitation
Following this morning’s meeting, the Commission has published its proposed rules. Summary The SEC published its guidance today as a proposed rule, with a comment period, and not as an interim final rule. The SEC proposes to amend Rule 506 to provide that the... › - - SEC
SEC Proposes Rules to Relax the Ban on General Solicitation: First Take
At a meeting this morning, the SEC voted to propose rules relaxing the ban on general solicitation for certain offerings conducted pursuant to Rule 506 and resales under Rule 144A. In a meeting that lasted approximately 45 minutes, the Staff outlined the principal aspects... ›
