Socially Aware

August 09, 2018 - Terms of Use, Online Contracts, Arbitration, Litigation
Sneaky Website User Bound by Online Terms of Use’s Arbitration Provision Despite Renewing Subscription in Spouse’s Name
On July 19, 2018, in May, et al. v. Expedia Inc. , U.S. Magistrate Judge Mark Lane issued a Report and Recommendation recommending that U.S. District Judge Robert Pitman for the Western District of Texas grant a motion to compel arbitration and dismiss a
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February 22, 2018 - Terms of Use, Defamation
California Court Holds That YouTube’s Removal Notice Is Not Defamatory
By: Aaron P. Rubin
As we have noted previously , YouTube users sometimes object when the online video giant removes their videos based on terms-of-use violations, such as artificially inflated view counts. In a recent California case, Bartholomew v. YouTube, LLC, the court rejected a user’s claim that
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June 13, 2017 - Class Actions, E-Commerce, Terms of Use, Litigation
E-tailers Rejoice as Decisions Limit Suits in Federal Court for Alleged Violations of N.J.’s Controversial Consumer Protection Law
Last year, this blog raised concerns regarding the TCCWNA, its growing popularity with plaintiffs’ lawyers and the implications for online retailers. At a high level, the TCCWNA is a New Jersey consumer protection law that focuses on contractual terms (including online terms of service)
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April 28, 2017 - Advertising, Endorsement Guides, FTC, Terms of Use
Social Links: Social ad spend soars; the FTC’s special message to “influencers”; LinkedIn changes terms of use
By: Aaron P. Rubin
A New York State senator has introduced a bill that would make posting footage of a crime to social media with the intention of glorifying violence or becoming famous punishable by up to four years in prison and fines. Instagram hit the 700-million-user mark.
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November 07, 2016 - Terms of Use, UK, Big Data, Ethics, Litigation
Social Links: LinkedIn’s new feature estimates salaries; states grapple with digital-asset-inheritance laws; insurance company wants to base rates on applicants’ Facebook posts
By: Aaron P. Rubin
Because it bases its assessments on job title, location and industry, LinkedIn’s new Salary feature might be more accurate than are other online compensation estimation tools. States are trying to pass laws that balance bereaved people’s desire to access their deceased loved ones’ social media accounts
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August 24, 2016 - E-Commerce, Protected Speech, Terms of Use, Cyberbullying, Marketing, Privacy, Right To Be Forgotten, Infographic, Mobile
Now Available: The August Issue of Our Socially Aware Newsletter
By: Aaron P. Rubin
The latest issue of our Socially Aware newsletter is now available here. In this issue of Socially Aware , our Burton Award winning guide to the law and business of social media, we discuss the impact online trolls are having on social media marketing;
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August 10, 2016 - DMCA, Terms of Use, Copyright, IP
Commercializing User-Generated Content: Five Risk Reduction Strategies
By: Anthony M. Ramirez
We’re in the midst of a seismic shift in how companies interact with user-generated content (UGC). For years, companies were happy simply to host UGC on their websites, blogs and social media pages and reap the resulting boost to their traffic numbers. And U.S.
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July 19, 2016 - Class Actions, E-Commerce, Terms of Use, Litigation
Controversial New Jersey Consumer Protection Law Creates a Potential “Gotcha” for E-Commerce Companies
By: Anthony M. Ramirez
If your company is involved in selling products or services to consumers in New Jersey over the web or through mobile apps, you’ll want to read this blog post. In what amounts to a feeding frenzy, plaintiffs’ lawyers are working overtime bringing class action
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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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May 02, 2016 - Terms of Use
Website Terms of Use: Out With the Old
By: Aaron P. Rubin
In this final portion of my video on website terms of use, I offer practical tips on best practices for updating and modifying online agreements. For more information on this subject, see my earlier video post on Website Terms of Use: Check That Box!
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Topic Archives: Terms of Use

Sneaky Website User Bound by Online Terms of Use’s Arbitration Provision Despite Renewing Subscription in Spouse’s Name

California Court Holds That YouTube’s Removal Notice Is Not Defamatory

By: Aaron P. Rubin

E-tailers Rejoice as Decisions Limit Suits in Federal Court for Alleged Violations of N.J.’s Controversial Consumer Protection Law

Social Links: Social ad spend soars; the FTC’s special message to “influencers”; LinkedIn changes terms of use

By: Aaron P. Rubin

Social Links: LinkedIn’s new feature estimates salaries; states grapple with digital-asset-inheritance laws; insurance company wants to base rates on applicants’ Facebook posts

By: Aaron P. Rubin

Now Available: The August Issue of Our Socially Aware Newsletter

By: Aaron P. Rubin

Commercializing User-Generated Content: Five Risk Reduction Strategies

By: Anthony M. Ramirez

Controversial New Jersey Consumer Protection Law Creates a Potential “Gotcha” for E-Commerce Companies

By: Anthony M. Ramirez

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

By: Aaron P. Rubin

Website Terms of Use: Out With the Old

By: Aaron P. Rubin