Tag Archives: social media

FTC Turns Attention to Social Media Influencers Working for Advertisers

For years the Federal Trade Commission (FTC) has made clear to advertisers that they are responsible for messages on social media by their employers or by consumers and celebrities and other influencers with which they have a material connection (e.g., they are employed, paid or given anything of value, even discounts, samples, coupons and sweepstakes … Continue Reading

Comparing Social Media Intellectual Property Policies: Part 1 – Social Media Infringement

Social media is an unchecked wild fire that burns throughout society. Whether the motivation is pure entertainment, the ability to connect and interact, or perhaps the promise of fame and fortune, children and adults flock to the various social media outlets and pour content in. This content, whether created by the user or obtained from … Continue Reading

9/11 Photo Fair Use Case, North Jersey Media Group v. Fox News, Settles on First Day of Trial

Fox News and North Jersey Media Group have announced they have settled their copyright dispute over the use of the iconic photo taken in the aftermath of 9/11, “Raising the Flag at Ground Zero,” that was posted on Facebook by Fox News. And so it appears we will not get the jury’s guidance on the … Continue Reading

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

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

Trending: Facebook Fined, Breaches European Data Privacy Laws

Facebook is yet again being tagged in a breach of data protection laws, but this time it’s ‘checking-in’ to a European court in Brussels, Belgium. A recent slew of cases, in which Facebook is the leader, hints at stricter and broader privacy laws to protect users’ private data. Harvesting data for marketers and advertisers continues … Continue Reading

Trending: Facebook Fined, Breaches European Data Privacy Laws

Facebook is yet again being tagged in a breach of data protection laws, but this time it’s ‘checking-in’ to a European court in Brussels, Belgium. A recent slew of cases, in which Facebook is the leader, hints at stricter and broader privacy laws to protect users’ private data. Harvesting data for marketers and advertisers continues … 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

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

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
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