Social media sites are transforming not only the daily lives of consumers, but also how companies interact with consumers. Here at Morrison Foerster, across all of our practice groups, we are seeing complex, cutting-edge legal issues arising out of social media. As with the Internet boom during the mid-to-late 1990s, social media is generating new legal questions at a far faster pace than the law’s ability to provide answers to such questions. In an effort to stay on top of these emerging issues, and to keep our clients and friends informed of new developments, Morrison Foerster publishes this blog devoted to the law and business of social media.<h2>ABOUT MORRISON FOERSTER</h2>Morrison Foerster is a leading global law firm that transforms complexity into advantage for its clients. Our clients include some of the largest financial institutions, banks, consulting and accounting firms, and Fortune 100, technology, and life sciences companies. Highlighting the firm’s commitment to client service, leadership in market-changing deals and impact litigation, and values-based culture, Morrison Foerster has been repeatedly recognized as one of the top 10 firms on The American Lawyer’s A-List. Year after year, the firm receives significant recognition from Chambers and The Legal 500 across their various guides, including Global, USA, Asia‑Pacific, Europe, UK, Latin America, and FinTech Legal. Our lawyers passionately care about delivering legal excellence while living our values. Morrison Foerster has a long-standing commitment to creating a culture that respects and celebrates differences, while providing an inclusive environment. The firm has achieved Mansfield Certification Plus since 2018 as a result of successfully reaching at least 30 percent women, communities of color, and LGBTQ+ lawyer representation in a notable number of current leadership roles and committees. The firm also has a long history of commitment to the community and society through providing pro bono legal services, including litigating for civil rights and civil liberties, improving public education and fostering the wellbeing of children, advocating for veterans, promoting international human rights, enforcing the right to asylum, and safeguarding the environment.

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Aaron is the chair of the firm’s Technology Transactions Group and co-chair of the Interactive + Digital Media Group. He advises clients on a wide range of complex transactions involving intellectual property and technology, including structuring and negotiating strategic licensing, development, collaboration, procurement, and distribution deals.Aaron’s practice focuses on advising both established and emerging companies in a variety of data- and technology-intensive sectors, including software, SaaS, cloud-based technology, digital media (social media, AR/VR, gaming, streaming media, AdTech), AI, healthcare, consumer electronics, e-commerce, other online business models, and mobile applications. He also maintains an active practice counseling companies on branding and marketing, trademark licensing, and content-related transactions, as well as the intellectual property aspects of mergers, acquisitions, asset spin-offs, and private equity investments.He has represented clients such as Autodesk, Meta, OpenAI, Splunk, Konami, Kaiser Permanente, SoftBank, Visa, and Yahoo, among others.Aaron has been recognized by numerous publications for his work on market-defining technology transactions. He is currently ranked by Chambers USA for “Technology Transactions.”Aaron also serves as co-editor of Socially Aware, the firm’s award-winning newsletter and blog devoted to the law and business of social media, and regularly publishes on various IP and technology-related topics. Aaron is also a sought-after speaker on new and emerging areas of law, and is a frequent presenter and panelist at conferences and legal services programs. In addition to his active practice, Aaron regularly provides pro bono assistance to various nonprofit and charitable organizations such as Common Sense Media and the Starlight Children’s Foundation. He is a member of the board of directors of California Lawyers for the Arts.While in law school at the University of California, Berkeley, Boalt Hall School of Law, Aaron served as executive editor of the California Law Review and was elected to the Order of the Coif. Following law school, Aaron served as law clerk to the Honorable William H. Orrick and the Honorable Martin J. Jenkins, both United States District Judges for the Northern District of California.

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Aaron is the chair of our Technology Transactions Group. He advises clients on a wide range of complex transactions involving intellectual property and technology, including structuring and negotiating strategic licensing, development, collaboration, procurement, and distribution deals. Aaron’s practice focuses on advising both established and emerging companies in a variety of data– and technology–intensive sectors, including software, SaaS, cloud computing, AR/VR, AI, gaming, healthcare, consumer electronics, social media, e–commerce, other online business models, and mobile applications. He also maintains an active practice counseling companies on the intellectual property aspects of mergers, acquisitions, asset spin–offs, and private equity investments.

Aaron P. Rubin

Lawrence Gallick is of counsel in the firm’s Austin office and a member of the Technology Transactions Group.Lawrence focuses his practice on technology transactions and licensing matters. His diverse experience includes advising on SaaS agreements, cross-licensing agreements, research and collaboration agreements, development agreements, and distribution agreements. He counsels a broad range of companies across the software, hardware, life sciences, biotech and FinTech spaces, as well as other entities including universities.He advises clients in connection with general corporate matters including contract negotiations, and leasing and technology placement agreements.Lawrence also serves as co-editor of <a href="https://www.sociallyawareblog.com/" target="_blank">Socially Aware</a>, the firm’s award-winning newsletter and blog devoted to the law and business of social media, and regularly publishes on various IP and technology-related topics.Prior to joining the firm, Lawrence was counsel at another major law firm. Before earning his law degree, Lawrence was a web consultant, project manager, and web developer in Portland, Oregon, where he managed and consulted on projects using industry methodologies and performed custom development and integration of content management systems.Lawrence was named a Super Lawyers “Rising Star” in 2015 and 2018–2022, and is licensed in both California and New York. Lawrence earned his J.D. from the University at Buffalo School of Law, where he was the electronic systems editor for the Buffalo Law Review and awarded the ABA-BNA Award for Excellence in the Study of Intellectual Property Law.

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Lawrence Gallick

Anthony Ramirez is a partner in the Technology Transactions Group in the New York office of Morrison Foerster.Anthony advises clients on general commercial and transactional matters. He regularly advises companies on the IP aspects of their M&A transactions. His clients include technology, digital media and content for television and music, financial services, and communications companies with diverse intellectual property assets and issues.His practice focuses on the legal aspects of developing, licensing, and commercializing technology and intellectual property, as well as negotiating general commercial contracts, including outsourcing transactions, as well as content and data licenses. He regularly assists clients with legal issues relating to licensing and commercialization of digital media and content, digital content that is distributed over the Internet or streamed, mobile applications and social media, as well as the licensing of recorded music for distribution via digital platforms. Anthony is also experienced with issues relating to open-source software, software development, artificial intelligence and machine learning, cloud-based technology, and protection of proprietary information.Anthony has extensive experience working on matters involving disruptive technologies, such as blockchain. He has helped fintech clients with general intellectual property issues in connection with terms of service for online financial products and services.Anthony is an integral part of the outside pro bono legal team for nonprofit organizations based in New York, including advising clients on legal issues regarding entertainment, social media, privacy rights, and the negotiation of outsourcing and service agreements. Anthony received his J.D. from the University of Michigan Law School in 2009. He received his B.S. from Cornell University in 2004.

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Anthony Ramirez is a partner in the Technology Transactions Group in the New York office of Morrison Foerster. He advises clients on general commercial and transactional matters. His clients include technology, media, and communications companies with considerable intellectual property assets. His practice focuses on the legal aspects of licensing and commercializing technology and intellectual property, as well as negotiating general commercial contracts. He also regularly assists clients with legal issues relating to mobile applications and social media.

Anthony M. Ramirez

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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.

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Lawrence W. Gallick

Social Links: Statehouse v. Smartphone

Federal Court Enjoins California Teen Privacy Law . . . Again

All Your Sale Are Belong to Us - Mitigating IP and Payments Risk in In-Game Economies (Part II – User-Generated Content and In-Game Payment Models)

A New California Digital Content Law Establishes New Requirements for Advertisers and Vendors

California’s Assembly Bill 587 Loses Key Provisions After Legal Challenge from X

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Instagram is now allowing a limited number of users to <a href="https://www.wired.com/story/instagram-sponsored-posts/?utm_content=buffer872d2&utm_medium=social&utm_source=linkedin.com&utm_campaign=buffer" target="_blank" rel="noopener">identify branded content with a “paid partnership” subhead</a> instead of using hashtags like #ad and #sponsored to identify sponsored posts. The platform says it plans to police paid sponsors’ <a href="http://www.sociallyawareblog.com/2015/12/21/influencer-marketing-tips-for-a-successful-and-legal-advertising-campaign/" target="_blank" rel="noopener">disclosure obligations</a> eventually, but—for now—educating and gathering feedback from Instagram’s community and launch partners is all Instagram hopes to achieve with the branded content tool.Authorities in Helsinki plan to debut in the autumn what will be the world’s first regular driverless transportation system to reach the masses: <a href="https://www.curbed.com/2017/6/15/15810912/driverless-self-driving-bus-finland-helsinki-transportation" target="_blank" rel="noopener">public, autonomous-bus services</a>. Will the job of “bus driver” one day join the list (along with “silent movie piano accompanist,” “elevator operator” and “switchboard operator”) of <a href="http://www.sociallyawareblog.com/2017/01/25/tech-not-trade-threatens-american-jobs/" target="_blank" rel="noopener">occupations rendered obsolete by new technologies</a>?On free speech grounds, a German parliamentary body <a href="https://www.reuters.com/article/us-germany-socialmedia-hatecrime-idUSKBN195227" target="_blank" rel="noopener">struck down a draft German law</a> that would have imposed up to 50 million euros in fines on social media companies that failed to remove or block racist and fake news posts within 24 hours or seven days, depending on whether the content’s racist or false nature is unambiguous.To ensure President Trump’s tweets from the official @POTUS account and his personal account are preserved for future reference, <a href="https://quigley.house.gov/media-center/press-releases/quigley-introduces-covfefe-act" target="_blank" rel="noopener">Rep. Mike Quigley has introduced the COVFEFE Act</a>, which would amend the President Records Act to include social media posts—a change that would ensure the President’s deleted tweets are documented for archival purposes and would make deleting tweets a violation of the Presidential Records Act subject to disciplinary action.In a <a href="https://newsroom.fb.com/news/2017/06/hard-questions/" target="_blank" rel="noopener">post</a> on its “newsroom” page, <a href="https://techcrunch.com/2017/06/15/facebook-censorship-terrorism/" target="_blank" rel="noopener">Facebook published a list of seven “Hard Questions”</a>—inquiries that address many of the most pressing issues today’s social media companies face, from the definition of “fake news,” to the <a href="http://www.sociallyawareblog.com/2015/03/10/who-will-update-my-status-when-im-dead-the-biggest-social-media-platforms-policies-on-deceased-user-accounts/" target="_blank" rel="noopener">fate of deceased users’ accounts</a>. The post instructs readers to weigh in by emailing Facebook at <a href="mailto:hardquestions@fb.com" target="_blank" rel="noopener">hardquestions@fb.com</a>.Hoping to expand its user base, <a href="https://techcrunch.com/2017/06/15/twitter-tweaks-its-design-again-in-an-attempt-to-woo-newcomers/" target="_blank" rel="noopener">Twitter made design changes</a> to its app again.Examining one of the many ways Internet of Things devices pose security risks, Ars Technica describes a security consultant’s demonstration of how, using terrestrial radio signals, <a href="https://arstechnica.co.uk/security/2017/04/smart-tv-hack-embeds-attack-code-into-broadcast-signal-no-access-required/?mkt_tok=eyJpIjoiTWpBd05qVTBNVEE0TTJZdyIsInQiOiI3MTEyRDJOcFQ2dVNTbGplVUswbjZVbnNjTUwybVwvcVwvZzJWa0huMjBiWXN5Z2t0MytjMSszXC83TmxCcUJtaFdseGxMdVhDcDZjZm5KNkQ1bUMwZnhDOE4wSDVFeURBenFWQ0doWVgwVkFNek0ycWo2ZFwvczdBQm1paE5MYzVmcUYifQ%3D%3D" target="_blank" rel="noopener">hackers can control a slew of Smart TVs</a>, spying on the TVs’ owners using the TVs’ cameras and microphones and attacking other devices in the TVs’ owners’ home networks.Despite the impact social media marketing can have on brand reputation, <a href="https://contently.com/strategist/2017/06/12/ceos-use-social-media/" target="_blank" rel="noopener">60% of Fortune 500 CEOs reportedly have no social media presence</a> at all.<a href="http://marketingland.com/guide-snapchat-advertising-self-serve-tool-officially-opens-216632" target="_blank" rel="noopener">Marketing Land</a> and <a href="http://www.businessinsider.com/snapchat-ad-manager-how-it-works-screenshots-2017-6/#you-can-select-from-a-list-of-objective-based-campaigns-like-app-install-or-brand-awareness-3" target="_blank" rel="noopener">Business Insider</a> published pieces describing how to use Snapchat’s new self-serve ad-buying tool, Ad Manager, the messaging app’s attempt to make advertising on Snapchat simpler and more accessible to small businesses.Inc. Magazine provides a clear explanation of <a href="https://www.inc.com/john-koetsier/how-blockchain-will-transform-business-in-3-to-5-years.html" target="_blank" rel="noopener">how the blockchain works</a>, which industries it’s likely to change and what’s standing in the way of the blockchain’s widespread adoption.There’s <a href="http://www.menshealth.com/sex-women/blind-dating-app" target="_blank" rel="noopener">a new dating app</a> for singles with little patience for protracted email exchanges.

Aaron is the chair of the firm’s Technology Transactions Group and co-chair of the Interactive + Digital Media Group. He advises clients on a wide range of complex transactions involving intellectual property and technology, including structuring and negotiating strategic licensing, development, collaboration, procurement, and distribution deals.

Aaron Rubin

Social Links: Instagram’s new tool to denote paid posts; the world’s 1st autonomous-vehicle public transportation system for the masses; the “COVFEFE Act” would seek to ensure Trump’s tweets are preserved

Instagram is now allowing a limited number of users to identify branded content with a “paid partnership” subhead instead of using hashtags like #ad and #sponso

Social Links: Instagram’s new tool to denote paid posts; the world’s 1st autonomous-vehicle public transportation system for the masses; the “COVFEFE Act” would seek to ensure Trump’s tweets are preserved

Twitter updated its online Privacy Policy to disclose that Twitter will be personalizing content and facilitating <a href="http://www.sociallyawareblog.com/2016/09/19/interest-based-advertising-disclosure-requirements-become-more-clear-and-potentially-more-burdensome/" target="_blank" rel="noopener">interest-based advertising</a> by <a href="https://www.forbes.com/sites/thomasbrewster/2017/05/18/twitter-privacy-update-called-creepy/#50029989464f" target="_blank" rel="noopener">sharing information about its users’ online activity</a> both on and off the microblogging site.Since YouTube resolved to <a href="https://blog.google/topics/ads/expanded-safeguards-for-advertisers/" target="_blank" rel="noopener">give brands greater control over the kind of content that their ads appear alongside</a>, many of the platform’s content creators and personalities have seen their ad revenue plummet, and they’re not sure whether it’s a result of <a href="http://www.hollywoodreporter.com/news/starbucks-pepsico-more-brands-pull-youtube-ads-growing-boycott-988721" target="_blank" rel="noopener">major companies continuing to avoid the platform</a>, new ad-buying methods, or YouTube algorithms flagging their content as inappropriate.A recently-released ABA ethics opinion states that, for communications with clients involving highly sensitive confidential client information, <a href="http://www.globallegalpost.com/big-stories/aba-warns-lawyers-updated-tech-needed-to-protect-client-info-43471852/" target="_blank" rel="noopener">lawyers may need to take extra steps beyond using unencrypted email to guard against cyberthreats</a>.An IBM application built on its Watson artificial intelligence platform and designed to help financial services companies monitor their outside counsel spend <a href="http://www.corpcounsel.com/id=1202786434937/IBM-Says-New-Watson-Tool-Could-Dramatically-Reduce-Outside-Counsel-Spend/" target="_blank" rel="noopener">reportedly saved one corporate customer close to $400 million a year in legal fees</a>.By advertising on quality news sites (and not just the big social media platforms where brands are currently spending the bulk of their online advertising dollars), corporate America can save not only critical watchdog journalism but also democracy itself, <a href="https://www.nytimes.com/2017/05/07/business/media/ad-buyers-have-say-in-survival-of-news.html?rref=collection%2Fsectioncollection%2Ftechnology&action=click&contentCollection=technology&region=stream&module=stream_unit&version=latest&contentPlacement=38&pgtype=sectionfront" target="_blank" rel="noopener">writes The New York Times’s Jim Rutenberg</a>,Has the <a href="https://www.wired.com/2017/05/blame-fyre-festival-fiasco-plague-celebrity-influencers/?mbid=social_twitter_onsiteshare%27" target="_blank" rel="noopener">influencer marketing model been jeopardized by the fiasco that was the Fyre Festival</a>, which celebrity influencers including Kendall Jenner and Bella Hadid allegedly endorsed “without any proof of concept” and, contrary to <a href="http://www.sociallyawareblog.com/2014/12/03/ftc-enforcement-action-confirms-that-ad-disclosure-obligations-extend-to-endorsements-made-in-social-media/" target="_blank" rel="noopener">FTC guidance</a>, allegedly promoted on social media <a href="http://www.salon.com/2017/05/04/fyre-festival-influencers-sued-for-social-media-promotion/" target="_blank" rel="noopener">without clarifying that their posts were paid endorsements</a>?A <a href="https://techcrunch.com/2017/05/15/sunrise-health/" target="_blank" rel="noopener">new mental health app</a> offers users support between professional therapy sessions by allowing them to anonymously message fellow members for support and by employing an artificial intelligence-based natural language processing system that can recognize and delete abusive messages and refer emergencies to a human moderator.Wendy’s awarded a year’s worth of its chicken nuggets to a 16-year-old whose tweet asking the restaurant chain for a 365-day supply of the fast food <a href="http://time.com/4772186/carter-wilkerson-most-retweeted-tweet-free-chicken-nuggets/" target="_blank" rel="noopener">went viral and broke Ellen DeGeneres’s record for the most re-tweeted post</a> on Twitter (3.42 million retweets and counting).

Social Links: Twitter modifies Privacy Policy; YouTube ad-policy changes lower some video creators’ payouts; teen beats Ellen DeGeneres’s re-tweet record

Twitter updated its online Privacy Policy to disclose that Twitter will be personalizing content and facilitating interest-based advertising by sharing informat

Social Links: Twitter modifies Privacy Policy; YouTube ad-policy changes lower some video creators’ payouts; teen beats Ellen DeGeneres’s re-tweet record

In the most recent edition of his CyberSide Chat series, Socially Aware contributor Andy Serwin discusses ransomware attacks, including:<ul><li>the reasons why ransomware attacks are becoming more common;</li></ul><ul><li>the types of ransomware attacks companies should prepare to address; and</li></ul><ul><li>the strategies that companies can employ to help guard against, and to help mitigate the damage arising from, these types of cybersecurity breaches.</li></ul>Andy explains not only the defenses that companies can implement to protect themselves against a ransomware attack, but also the issues a ransomware-attack-response plan must address—a topic that another Socially Aware contributor, <a href="https://www.mofo.com/people/nathan-taylor.html" target="_blank" rel="noopener">Nate Taylor</a>, tackled in his Sept. 26, 2016 blog post <a href="https://www.sociallyawareblog.com/2016/09/26/5-questions-to-help-prepare-for-a-ransomware-attack/" target="_blank" rel="noopener">5 Questions to Help Prepare For a Ransomware Attack</a>.Check out Andy’s insightful presentation:<iframe loading="lazy" align="center" src="https://www.youtube-nocookie.com/embed/JHS0CuHBY98" width="770" height="450" frameborder="0" scrolling="no" style="width: 770%; height: 450;" title="iframe"></iframe>

Overview of Ransomware Attacks

In the most recent edition of his CyberSide Chat series, Socially Aware contributor Andy Serwin discusses ransomware attacks, including: the reasons why ransomw

Overview of Ransomware Attacks