Technology & Marketing Law Blog

MAY 25, 2022

The opinion holds that the key parts of Florida’s social media censorship law (SB 7072) likely violate the First Amendment and should remain enjoined. ” The opinion also highlights the madness of the Fifth Circuit allowing the Texas social media censorship law to take effect via a 1-line order. “S.B.

Social Media 99

Social Media Law Blogging Publishing 99

Technology & Marketing Law Blog

MARCH 25, 2024

If the case stands on appeal, Twitter will write a check to CCDH to compensate it for the litigation harms Twitter has imposed on it. In a highly technical ruling, the court rejects Twitter’s CFAA claim on a motion to dismiss and rejects Twitter’s other claims, including breach of contract, on an anti-SLAPP motion to strike.

Litigation 86

Litigation Contracts Advertising Advertising 86

Technology & Marketing Law Blog

MAY 13, 2024

But by providing a foil in litigation against both the Center for Countering Digital Hate (“CCDH”) and Bright Data (the world’s largest seller of scraped data), he’s given judges in the most important district court in the country for tech legal issues, the Northern District of California, plenty of motivation to rule against him.

Blogging 96

Blogging Contracts Cease and Desist Social Media 96

Copyright Lately

MAY 30, 2024

It took nearly three years of litigation, but in the end, Mary Bono’s copyright terminations weren’t strong enough to overcome Cher’s 1978 marital settlement agreement with Sonny Bono. Drop me a comment below or @copyrightlately on social media. As always, I’d love to hear your thoughts.

Copyright 104

Copyright Settlement Music Contracts 104

Technology & Marketing Law Blog

AUGUST 24, 2023

For example, the most aggressive companies in pursuing web-scraping litigation are the social media companies. And while their terms of use provide the social media companies a license to use that user-generated content, it is their users who typically have a copyright interest in their content.

Blogging 96

Blogging Contracts Intellectual Property Social Media 96

TorrentFreak

APRIL 16, 2024

The complaint mentioned that Matienzo describes herself as an “archivist” and uses the handle “anarchivist” on social media. ” Some of the allegations ‘No Shred of Evidence’ In total, OCLC asserts twelve claims against Matienzo including breach of contract, unjust enrichment, and trespass of chattels.

Social Media 97

Social Media Publishing Contracts Copying 97

Technology & Marketing Law Blog

APRIL 30, 2022

Judge Alsup dismisses most of Berenson’s claims, but the contract breach and promissory estoppel claims survive Twitter’s motion to dismiss. ” Contract Breach/Promissory Estoppel. Two More Courts Tell Litigants That Social Media Services Aren’t State Actors. Berenson sued Twitter. Section 230.

Social Media 108

Social Media Contracts Government Publishing 108

Technology & Marketing Law Blog

MARCH 10, 2022

Defendants also managed the social media presence of the “La Baguette” business, which primarily consisted of a Facebook page. Breach of Contract : Plaintiffs only alleged a contract claim, based on breach of a non-compete, against the one defendant who had signed the non-compete. See generally, Christopher A.

Social Media 80

Social Media Contracts Ownership Business 80

Technology & Marketing Law Blog

OCTOBER 7, 2021

YouTube’s TOS says: All claims arising out of or relating to these terms or the Service will be governed by California law, except California’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA. You and YouTube consent to personal jurisdiction in those courts.

Litigation 92

Litigation Social Media Law Blogging 92

Technology & Marketing Law Blog

FEBRUARY 27, 2022

Knowing well that litigation in the Northern District of Texas is not in its best interests, TPG filed a declaratory judgment in Delaware hoping to take advantage of the first-to-file rule. With all that, the first battle in this litigation will be the question of where to litigate it. Breach of Contract 2. Facebook v.

Cease and Desist 121

Cease and Desist Blogging Contracts Social Media 121

Technology & Marketing Law Blog

JULY 31, 2022

Definition of “Hateful conduct” means “the use of a social media network to vilify, humiliate, or incite violence against a group or a class of persons on the basis of race, color, religion, ethnicity, national origin, disability, sex, sexual orientation, gender identity or gender expression.”

Social Media 110

Social Media Reporting Government Law 110

IPilogue

AUGUST 19, 2021

Rule 40 restricts social media posts and advertisements published by athletes and sponsors during the Games, both in volume and content. As social media posts generate buzz and draw fans, spectators will have a chance to enjoy getting behind-the-scenes looks and instant updates from their favourite athletes.

Intellectual Property 106

Intellectual Property Social Media IP Trademark 106

IPilogue

JANUARY 11, 2023

IP law in publishing, especially at The Globe – who is known for being an early provider of digital media and device-agnostic content delivery – goes far beyond copyright infringement and litigation. Complying with privacy regulations, especially in IT contracts, is as important as it can be misunderstood.

Journalism 80

Journalism Privacy Contracts IP 80

Trading Secrets

MARCH 22, 2022

But the real question to me as a litigator is whether this doctrine should become part of the tool bag going forward. Included within the JLM contract were certain restrictive covenants, including a non-competition agreement, as well as various intellectual property assignment provisions. Gutman , 24 F.4th 4th 785 (2d Cir.

Social Media 59

Social Media Contracts Confidentiality Business 59

Technology & Marketing Law Blog

NOVEMBER 24, 2021

” Once again, Section 230 can preempt contract-based claims that are backdoor workarounds to Section 230. Two More Courts Tell Litigants That Social Media Services Aren’t State Actors. Anti-Zionist Loses Lawsuit Over Social Media Account Suspensions–Martillo v. B&P 17200. ” Implications.

Social Media 141

Social Media Government Publishing Contracts 141

Technology & Marketing Law Blog

JANUARY 26, 2024

Moreover, there is nothing to suggest that the CFRA was designed to be used as a defense to a private breach of contract action. Gallagher Data Breach Litigation , 631 F.Supp.3d Consumer Reviews * Route App, Inc. Heuberger , 2023 WL 5334192 (D. Are doctors still violating the Consumer Review Fairness Act to gag their patients?

Social Media 73

Social Media Privacy Advertising Advertising 73

Technology & Marketing Law Blog

JANUARY 24, 2023

And if Musk ever flips any of Twitter’s long-standing legal or policy positions in litigation or lobbying, he could truly melt down the industry. The opinion upheld every aspect of Texas’ social media censorship law. Basically, Musk’s mistakes pour gasoline on the regulatory fires for everyone.

Law 114

Law Social Media Government Privacy 114

The IPKat

FEBRUARY 21, 2024

The research reveals that, while the law influences the permission to be sought, these industries often contract with individuals to add value to their products via collaboration, and to avoid damage to reputation that might occur if permission were not sought in accordance through social norms.

Television 67

Television Advertising Advertising Social Media 67

Technology & Marketing Law Blog

JUNE 9, 2022

These questions are being addressed (in mostly unsatisfactory ways) in litigation involving hiQ and BrandTotal. BrandTotal “provides advertising consulting services to corporate clients regarding how those clients’ and their competitors’ digital advertisements are presented to social media users.” ” Oof.

Contracts 105

Contracts Privacy Social Media Advertising 105

Technology & Marketing Law Blog

MAY 7, 2022

Here, plaintiffs offer only ambiguous and open-ended statements to the effect that “we may legislate” something unfavorable to Twitter or the social media sector. ” Florida Social Media Censorship Law. The new answer: buy a social media company (see also MySpace and Tumblr ). ” Implications.

Social Media 111

Social Media Government Publishing Law 111

Technology & Marketing Law Blog

JANUARY 17, 2022

Second, California established an Office of Election Cybersecurity (“OEC”) and contracted with a third-party vendor, SKDK, to monitor social media and identify problematic posts. Two More Courts Tell Litigants That Social Media Services Aren’t State Actors. The court tackles this issue head-on.

Social Media 134

Social Media Government Publishing Reporting 134

Technology & Marketing Law Blog

OCTOBER 27, 2021

I’m not sure about litigation etiquette, but to me, Trump’s move seemed to be premature, ill-advised, or bad form. This is not a hard case. ” Plaintiffs always lose must-carry lawsuits , and Trump’s arguments give no reason believe that he will become the exception to the dozens of failed cases that preceded this case.

Social Media 124

Social Media Blogging Law Government 124

Technology & Marketing Law Blog

DECEMBER 7, 2022

Prager tried a variety of contract-based workarounds to Section 230. Going beyond the contracts, Prager looks to various “promises” it alleges that defendants made through public-facing comments. Indeed, the whole “but the algorithms” attack on Section 230 has always been nonsensical.

Contracts 137

Contracts Publishing Law Government 137

Technology & Marketing Law Blog

SEPTEMBER 9, 2021

That legal standard could devastate social media usage in Australia. It increases the risk that ordinary social media users could be liable for defamation caused by their so-called friends. That risk encourages social media users to actively police the comments of their friends–or stop posting entirely.

Publishing 98

Publishing Social Media Blogging Law 98

Technology & Marketing Law Blog

DECEMBER 27, 2022

2, 2022): Nor does personal jurisdiction arise out of the Film Defendants’ so-called “advertising strategy,” which allegedly “featured a significant push on social media[ ] targeting Washington, DC residents via Instagram and Facebook.” targeted social media advertising. Parker, 2022 WL 17403220 (D.D.C.

Privacy 99

Privacy Marketing Marketing Social Media 99

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Shared sued Facebook for: Shared avers that Meta committed conversion (Claim 1), breach of contract (Claim 3), and breach of the implied covenant of good faith and fair dealing (Claim 4) in suspending access to Shared’s Facebook pages, contrary to the Facebook Terms of Service.

Contracts 93

Contracts Social Media Advertising Advertising 93

Technology & Marketing Law Blog

AUGUST 29, 2022

I posted a chapter from the book: Online Contracts. Will California Clone-and-Revise Some Terrible Ideas from Florida/Texas’ Social Media Censorship Laws? Big Ruling for Free Speech: Most of Florida’s Social Media Censorship Law (SB 7072) Remains Enjoined–NetChoice v. Analysis of CA AB587). Attorney General.

Editing 89

Editing Social Media Blogging Advertising 89

43(B)log

FEBRUARY 3, 2024

Laura Heymann Thinking about how consumers view their interactions with companies both as a matter of branding and as a matter of contracts, specifically on social media. Consumer contract part: consumers don’t read most consumer contracts, which are contracts of adhesion. If only the tsar knew !

False Advertising 49

False Advertising Contracts Branding Brands 49

43(B)log

MARCH 4, 2022

3, 2022) Plaintiffs alleged that they employed the individual defendants in part to manage social media advertising and promotion for plaintiffs’ baking businesses, aka La Baguette. The law on the ownership of a social media pages created by employees for employers is evolving rapidly and varies between jurisdictions.

Social Media 72

Social Media Advertising Advertising Business 72

43(B)log

NOVEMBER 6, 2023

Bluegreen sued a lot of entities, but only the marketing defendants remained in the case: their role was “to advertise timeshare exit services by promoting a legitimate process to exit timeshare contracts while protecting the customers’ credit.” Any “exit” came from default.

Marketing 59

Marketing Marketing False Advertising Advertising 59

Traverse Legal Blog

APRIL 6, 2022

Since the game title and NFTs were based on the use of F1, the game, the NFTs, the website, and the social media channels using ‘F1’ all had to be shut down. Securities law, contract law, consumer protection laws, and causes of action for fraud and misrepresentation are all possible legal claims.

Licensing 98

Licensing Trademark Contracts Branding 98

Copyright Lately

OCTOBER 10, 2021

The dispute between writers and former friends Sonya Larson and Dawn Dorland over a short story involving a kidney donation has captured the attention of social media during the past week. Well, that would have been joyful news to me about the middle of December, when I gladly took the first offer that came, and made a contract.

Art 93

Art Contracts Social Media Litigation 93

Trading Secrets

JANUARY 24, 2024

In the accompanying press release , SEC Enforcement Director Gurbir Grewal reiterated the rule’s breadth and proclaimed, “Whether it’s in your employment contracts, settlement agreements or elsewhere, you simply cannot include provisions that prevent individuals from contacting the SEC with evidence of wrongdoing.”

Confidentiality 52

Confidentiality Cease and Desist Settlement Social Media 52

Technology & Marketing Law Blog

MARCH 28, 2023

After two trips to the 9th Circuit, a remand from the Supreme Court, and nearly six years of motions and posturing, the outcome of the litigation was a permanent injunction against hiQ, a win for LinkedIn, and insolvency for scraper hiQ Labs. That said, few scraping-related cases pursue these issues past the first few stages of litigation.

Blogging 106

Blogging Cease and Desist Contracts Marketing 106

Technology & Marketing Law Blog

MARCH 21, 2022

Two More Courts Tell Litigants That Social Media Services Aren’t State Actors. Anti-Zionist Loses Lawsuit Over Social Media Account Suspensions–Martillo v. Are Social Media Services “State Actors” or “Common Carriers”? One More Time: Facebook Isn’t a State Actor–Atkinson v.

Social Media 123

Social Media Blogging Government Publishing 123

Technology & Marketing Law Blog

AUGUST 21, 2023

Thus, I always felt the litigation ploy acted as an adverse admission by the plaintiffs. As the Newman court summarized, “this case has shed its intentional discrimination and constitutional claims, becoming—first and foremost—a breach of contract dispute.” This sets up YouTube for a major own-goal. .”

Contracts 85

Contracts Social Media Blogging Law 85