Tag Archives: social media

Artist Richard Prince Sued for Use of Photo from Instagram

It is not the first time artist Richard Prince has made headlines for appropriating others’ artwork into his own without attribution or license. But this time, he has done so in a way that may have implications on the use of photographs posted on social media. He is being sued on one of the 37 … Continue Reading

Native Advertising, the First Amendment and the FTC

Editor’s Note: This blog post is a joint submission with BakerHostetler’s Data Privacy Monitor blog. New York Partner Fernando A. Bohorquez, Jr. and Associate Alan Pate today published “All Native Advertising is Not Equal — Why that Matters Under the First Amendment and Why it Should Matter to the FTC” in the Media Law Resource … Continue Reading

FTC Says That Sponsors of Pinterest Contests Should Require Users to Post Pins with Hashtags Warning When Pins are Posted for a Prize

Editor’s Note: This blog post is a joint submission with BakerHostetler’s Data Privacy Monitor blog. Authored by: Gerald Ferguson and Alan Pate In a March 20, 2014 closing letter sent to fashion company Cole Haan, the FTC warned that use of the hashtag #WanderingSole in conjunction with a recent Pinterest contest did not adequately communicate … Continue Reading

Yelp Denied Attempt to Keep Its Online Reviewers’ Identities Anonymous

In 2012, a local rug cleaning company in Virginia, Hadeed Oriental Rug Cleaning (“Hadeed”), filed a defamation action against the authors of seven critical reviews it received on Yelp, indicating that the reviews falsely stated that Hadeed provided poor service.  Hadeed allegedly could not locate the reviewers in its customer database and believed them to … Continue Reading

Social Media Do’s and Don’ts

Authored by:  Fernando A. Bohorquez and Alan M. Pate Available here, courtesy of our sister site the Data Privacy Monitor. Editor’s Note: This blog post was originally published on September 11, 2013, courtesy of iMedia Connection’s Blog. It is repurposed with permission.… Continue Reading

New COPPA Requirements for Mobile Apps and Websites Now in Effect

On June 3, 2013, we wrote about the new COPPA requirements coming into effect starting July 1, including a variety of requirements intended to keep up with advances in technology and how children interact with mobile apps and websites.  These have now come into effect, and I’ve provided a more expanded discussion of these issues here in … Continue Reading

Instagram Federal Class Action Over User Terms Dismissed; Plaintiffs Switch to State Court

Earlier this month, Judge William Alsop of the U.S. District Court for the Northern District of California dismissed a proposed class action lawsuit against Instagram. The complaint alleged that certain changes to Instagram’s terms of use, announced in December of 2012 and effective January 19th, 2013, misappropriated users’ rights to their photos. The lawsuit, brought … Continue Reading

BakerHostetler’s New York Office to Host New York State Bar Association CLE on the Effects of Social Media on the Practice of Law

On June 6, the Social Media Committee of the Commercial and Federal Litigation Section of the New York State Bar Association will host a Continuing Legal Education program at BakerHostetler’s New York office. New York Partners Jason Oliver and Fernando Bohorquez and Associates Maryanne Stanganelli and Jessie Kuhn are part of the committee sponsoring the panel. … Continue Reading

Federal Judge Orders Service of Process through Facebook

In March, Judge Paul Engelmayer of the Southern District of New York ordered service of process on several international defendants through novel means—Facebook. The case, FTC v. PCCare247, Inc., involves a group of individuals based in India who allegedly “tricked American consumers into spending money to fix non-existent problems with their computers.”   After problems with … Continue Reading

The New FTC Dot Com Disclosures – the FTC Updates its Digital Advertising Guidelines for the Twitter and Facebook Age

Authored by:  Fernando Bohorquez Editor’s Note: This post is a joint submission to BakerHostetler’s Data Privacy Monitor blog. In what seems like a lifetime ago –and in the fast moving world of the Internet maybe it is –  in May 2000 the Federal Trade Commission issued “Dot Com Disclosures: Information about Online Advertising” to provide guidelines on … Continue Reading

NLRB Finds Termination of a BMW Employee Lawful Based Upon a Facebook Posting

In Karl Knauz Motors, Inc. d/b/a/ Knauz BMW and Robert Becker, case number 13-CA-046452, the National Labor Relations Board (“NLRB”) adopted Administrative Law Judge Joel P. Biblowitz’s findings that BMW salesman, Robert Becker, was lawfully terminated “solely because of his unprotected Facebook postings about an accident at a Land Rover dealership” owned by Becker’s employer.  … Continue Reading

NLRB Decision Finds Social Media Provisions Unlawful

Editor’s Note: This post is a joint submission to BakerHostetler’s Data Privacy Mointor blog. Since June 2011, the Acting General Counsel (GC) of the National Labor Relations Board has issued three reports outlining the position of his office on the applicability of the National Labor Relations Act (NLRA) to employee policies that set rules for permissible social … Continue Reading

Proposed Facebook Settlement Receives Thumbs Down

Facebook Inc.’s $20 million class settlement offer has been rejected by U.S. District Judge Richard Seeborg  due to concerns over the amount allocated to attorneys’ fees and the proposed “cy pres” payment.  The offer was made to settle a lawsuit alleging that the social media magnate improperly used subscriber’s profile pictures in connection with its … Continue Reading

The ACLU and Facebook Weigh in on “Liking” as Protected Speech

Updating this previous post, the employees of a Virginia sheriff’s office who were fired allegedly for expressing support for the incumbent’s opponent in Bland v. Roberts have appealed the decision to the Fourth Circuit Court of Appeals.  One of the employees “liked” the opponent’s Facebook page, but the district court found that “liking” a Facebook … Continue Reading

A Threat or a Twit? Twitter as Gatekeeper

The New York Times reports that Twitter has turned over to the police the account information of an individual who used Twitter to threaten a copycat shooting similar to the recent tragedy in Aurora, Colorado at a showing of “The Dark Knight Rises.”  The individual is believed to have tweeted, “I’m serious, people are going … Continue Reading

Twitter Trolls and Free Speech

Perhaps inevitably, less than a week into the 2012 London Olympics, Twitter is finding itself at the center of numerous free speech controversies: two athletes, a Greek triple jumper and a Swiss soccer player, have been expelled from the Games because of allegedly racist tweets; athletes are turning to Twitter to complain about the IOC’s … Continue Reading

Savannah Dietrich Seeks Her Own Justice Through Twitter

From Ms. Dietrich’s perspective, her facts were simple.  She was sexually assaulted by two boys, who then shared pictures of the assault.  The incident caused the 17-year old embarrassment and concern—she cried herself to sleep for months and could not go out in public.  She reported the incident to the police, looking for justice against … Continue Reading

Facebook Implements California Consumer Privacy Protections In Rolling Out Its New App Center

As part of the strategic rollout of its new App Center, Facebook wrote a letter (the “Letter”) [See the full letter from Facebook’s Chief Privacy Officer] to California’s Attorney General Kamala D. Harris (“CA Attorney General”) agreeing to become a signatory to, and implement the privacy protections detailed under, the CA Attorney General’s Joint Statement of … Continue Reading

Facebook Settlement Made Public

The details of last month’s $10 million settlement between Facebook, Inc. and five Facebook users were finally made public this weekend after the release of court documents.  Facebook will donate $10 million to charity to settle a lawsuit based on alleged violations of California privacy laws. The lawsuit, brought by five Facebook users, alleged that … Continue Reading

Federal Judge Dislikes Facebook as a Method for Service

A federal judge in the Southern District of New York has denied a request by Chase bank to serve process through a Facebook account.  Initially, Chase hired a private investigator who tried in vain to track down Nicole Fortunato’s whereabouts in order to bring her in to a lawsuit as a third-party defendant.  When Chase … Continue Reading

Twitter in the Middle: Twitter Challenges Government Subpoena of “Occupy Wall Street” Account

Back in January 2012, the New York County District Attorney’s office sent Twitter a subpoena seeking e-mail addresses, tweets and other subscriber information of the account @destructuremal.  The account belongs to an individual who allegedly participated in the Occupy Wall Street protest march on the Brooklyn Bridge on October 1, 2011. The individual, Malcolm Harris, … Continue Reading