Socially Aware

June 14, 2016 - E-Commerce, Terms of Use, Litigation
Terms and Conditions Buried in Easily Ignored Scroll Box Don’t Cut It, the Seventh Circuit Holds
By: Aaron P. Rubin
As we have noted before , if you want to increase the likelihood that your website terms of use are enforceable against users, you need to do two things. First, you need to display the terms to users in a conspicuous way, and second,
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June 02, 2016 - FTC, Big Data, Employment Law, Compliance, Litigation
Big Data Can Lead to Big Legal Problems For Companies
By: Mary Race
Deluged with an unprecedented amount of information available for analysis, companies in just about every industry are discovering increasingly sophisticated ways to make market observations, predictions and evaluations. Big Data can help companies make decisions ranging from which candidates to hire to which consumers
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May 27, 2016 - Advertising, Internet of Things, FTC, Marketing, Defamation, Litigation
Social Links: Publishers claim ad blockers violate FTC rules; Twitter bags its “buy button”; has the IoT gone too far?
By: Aaron P. Rubin
The Newspaper Association of America has filed a first-of-its-kind complaint with the FTC over certain ad blocking technologies. Is it “Internet” or “internet”? The Associated Press is about to change the capitalization rule. Lots of people criticized Instagram’s new logo, but, according to a
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May 23, 2016 - Advertising, Privacy, Litigation
Will Ad Blockers Kill Online Publishing?
The Internet contains over 4.6 billion Web pages , most of which are accessible for free, making content that we used to have to pay for—news, videos, games—available without having to hand over a credit card number. What makes all of this possible is
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May 20, 2016 - Live streaming, Marketing, Privacy, Section 230 Safe Harbor, Litigation
Social Links—Twitter loosens up; case against Google stands; should millennials be in charge of big social media campaigns?
By: Aaron P. Rubin
Here’s how Twitter is loosening up its 140-character limit. The federal government will now check the social media history of prospective employees before granting them security clearance. One expert says C-level executives shouldn’t entrust millennials with their companies’ social media feeds. Federal court refuses
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April 29, 2016 - Advertising, Disappearing Content, Privacy, Litigation
Social Links—Fines for social-media-posting jurors; Microinfluencers; Snapchat’s and Tinder’s sketchy new features
By: Aaron P. Rubin
A lawsuit alleges this Snapchat feature is making driving even more dangerous, and it’s not texting or instant messaging. This state is considering imposing hefty fines on jurors who post information to social media about the lawsuits they’re hearing. Facebook pulls back the veil
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April 28, 2016 - Litigation
Judge in High-Profile Case Obtains Attorney Agreement Not to Engage in Juror Social Media Snooping
By: J. Alexander Lawrence
It seems that almost everyone uses social media today. Of course, this means that most every juror is a social media user, and that courts are dealing with the thorny questions that arise out of the proliferation of social media usage among jurors. Like
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April 25, 2016 - Litigation
New Jersey Supreme Court Questions Ethics of “Friending” a Litigation Foe
By: J. Alexander Lawrence
Attorneys often research adverse parties online to obtain potentially useful—and publicly available—evidence for use in a case. But, as an ethical matter, may an attorney access information available only through an adversary’s private social media account? The New Jersey Supreme Court just considered this
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April 22, 2016 - European Union, FTC, Protected Speech, Privacy, Employment Law, Ethics, Litigation, Online Endorsements
Social Links—Facebook-spying litigators; employees’ social media posts; Europe’s Right To Be Forgotten
By: Aaron P. Rubin
Defense lawyers who checked out the Facebook page of a plaintiff suing their client can be prosecuted for attorney misconduct, New Jersey judge rules. Norwegian band changes its name to avoid “ social media censorship .” Can public agencies control their employees’ social media
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April 19, 2016 - Litigation
Mixed Messages: Courts Grapple With Emoticons and Emoji
Emoti cons —such as :-) —and emoji —such as —are ubiquitous in online and mobile communications; according to one study , 74 percent of Americans use emoticons, emoji and similar images on a regular basis. Given their popularity, it comes as no surprise that
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Topic Archives: Litigation

Terms and Conditions Buried in Easily Ignored Scroll Box Don’t Cut It, the Seventh Circuit Holds

By: Aaron P. Rubin

Big Data Can Lead to Big Legal Problems For Companies

By: Mary Race

Social Links: Publishers claim ad blockers violate FTC rules; Twitter bags its “buy button”; has the IoT gone too far?

By: Aaron P. Rubin

Will Ad Blockers Kill Online Publishing?

Social Links—Twitter loosens up; case against Google stands; should millennials be in charge of big social media campaigns?

By: Aaron P. Rubin

Social Links—Fines for social-media-posting jurors; Microinfluencers; Snapchat’s and Tinder’s sketchy new features

By: Aaron P. Rubin

Judge in High-Profile Case Obtains Attorney Agreement Not to Engage in Juror Social Media Snooping

By: J. Alexander Lawrence

New Jersey Supreme Court Questions Ethics of “Friending” a Litigation Foe

By: J. Alexander Lawrence

Social Links—Facebook-spying litigators; employees’ social media posts; Europe’s Right To Be Forgotten

By: Aaron P. Rubin

Mixed Messages: Courts Grapple With Emoticons and Emoji