In past Socially Aware posts, we have discussed using subpoenas in civil litigation to obtain evidence from social media sites, including whether individuals have a privacy interest in this information and how the Stored Communications Act may limit the use of subpoenas in civil cases.  Until now, we have not discussed these issues in the

In our September 2010 issue of Socially Aware, we provided a brief overview of Facebook’s “Statement of Rights and Responsibilities,” the social media service’s complex set of terms and conditions that companies frequently “click-accept” with little review (often, in a rush to establish their Facebook presences).  Naturally, this situation is not limited

Companies that provide services to consumers have often sought to reduce the risk of class action lawsuits by requiring that their customers agree to arbitrate any disputes.  Such arbitration agreements may require customers to arbitrate on an individual basis only, with customers being obligated to waive any rights they might otherwise have to pursue claims

Groupon, Inc. (“Groupon”) has become a popular social media phenomenon and formidable online presence offering consumers goods and services at heavily discounted prices since its inception three years ago.  Groupon offers daily deals for things to do, see, eat and buy in each of its many local markets – for example, $100 worth of spa

Twitpic, a user-generated content service that simplifies the process of sharing photographs and other media through Twitter, came under fire earlier this year for changes to its Terms of Service that appeared to dramatically expand the rights granted to Twitpic by its users— and that were described by some media outlets as a “

In our February 2011 issue of Socially Aware, we reported that, at the end of 2010, Facebook had revamped its Promotions Guidelines (the “Guidelines”) to eliminate the requirement that approval be obtained from Facebook prior to offering sweepstakes, contests or similar promotions in connection with one’s Facebook page.  More recently, Facebook substantially streamlined its

A pair of recent decisions in federal court in Arkansas confirms that nothing about the virtual world changes a core principle of contract formation—that there can be no valid contract without objective manifestation of assent.  The decisions both deal with the efforts of one repeat pro se plaintiff, David Stebbins, to impose upon large institutions