Technology & Marketing Law Blog

AUGUST 2, 2022

Today I’m blogging about one of those bills, California AB 2408 , “Social media platform: child users: addiction.” This bill assumes that social media platforms are intentionally addicting kids, so it creates business-ending liability to thwart those alleged addictions. What the Bill Says.

Social Media 85

Social Media Privacy Designs Design 85

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. Moore, Find Out Who Your Friends Are: A Framework for Determining Whether Employees’ Social Media Followers Follow Them to A New Job, 39 CAMPBELL L. See generally, Christopher A.

Social Media 79

Social Media Contracts Ownership Business 79

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). Comments to the CPPA’s Proposed Regulations Pursuant to the Consumer Privacy Rights Act of 2020, Aug. Comments on the California Consumer Privacy Rights Act (CPRA) Rulemaking , May 2022. Books and Academic Articles. NetChoice LLC v.

Editing 88

Editing Social Media Blogging Advertising 88

Technology & Marketing Law Blog

SEPTEMBER 16, 2022

As a practical matter, given the litigation risks associated with the impact assessments, a business’ lawyers will control those processes–with associated delays, expenses, and prioritization of risk management instead of improving consumer experiences. More generally, consumer subpopulations often have conflicting needs.

Designs 110

Designs Design Privacy Business 110

43(B)log

JANUARY 19, 2022

Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets. For example, it defeated Google+ in part because of privacy concerns, along with network effects. That time has come for Facebook.

False Advertising 59

False Advertising Advertising Advertising Privacy 59

Technology & Marketing Law Blog

MAY 30, 2023

The categorization of social media accounts into “business” and “personal” accounts was a hot issue a decade ago, when states across the country passed laws to protect employees from invasive employer demands to access or control their personal social media accounts.

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Social Media Ownership Marketing Marketing 79

Technology & Marketing Law Blog

JANUARY 19, 2023

” This is the latest entry in the confusing jurisprudence about when 230 applies to first-party marketing representations that are rendered untrue by users’ activities. However, this case’s litigation approach is problematic. Snap appeared first on Technology & Marketing Law Blog. Despite Doe v.

False Advertising 86

False Advertising Social Media Publishing Advertising 86

43(B)log

DECEMBER 7, 2023

One of the individual defendants is “a social media personality and model who became well-known for her photos and videos, and who has also started an agency to provide management services to other models and influencers.” Bartlett was upset by the use of her image to endorse a company with whom she was also engaged in litigation.”

Web Development 59

Web Development Social Media Copying Copyright 59

Technology & Marketing Law Blog

JUNE 9, 2022

Any legal policy that encourages data snarfing must simultaneously contend with the potentially anti-competitive and anti-social effects of preventing legitimate players from snarfing, along with the potentially massive privacy and security risks that data snarfers create. The parties have vigorously litigated this case.

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Contracts Privacy Social Media Advertising 104

Technology & Marketing Law Blog

DECEMBER 11, 2021

2021 has seen the emergence of a litigation genre against “yearbook” database vendors that publish old yearbooks online. In particular, they are having some success bending Section 230, and this genre offers some interesting considerations for folks paying attention to the privacy/230 borders. Ancestry , Knapke v.

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Advertising Advertising Social Media Blogging 90

Technology & Marketing Law Blog

DECEMBER 27, 2022

Marketing. * 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. Comptroller , No.

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Privacy Marketing Marketing Social Media 98

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.

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Social Media Law Blogging Publishing 97

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Note that Florida’s social media censorship law has relevance to the lost data question, because it says services must “allow a user who has been deplatformed to access or retrieve all of the user’s information, content, material, and data for at least 60 days.”

Contracts 92

Contracts Social Media Advertising Advertising 92

IP Tech Blog

JULY 18, 2023

At the same time, we are obligated by both ethical rules and market conditions to offer reasonable rates – which in turn make the use of generative AI compelling. At least one judge has defined the boundaries for litigants appearing in his court. Other considerations for legal professionals abound, privacy being salient among them.

Business 52

Business Law Social Media Reporting 52

LexBlog IP

JULY 18, 2023

At the same time, we are obligated by both ethical rules and market conditions to offer reasonable rates – which in turn make the use of generative AI compelling. At least one judge has defined the boundaries for litigants appearing in his court. From this, the system “learned” that men were more desirable candidates.

Business 52

Business Law Reporting Music 52

43(B)log

JUNE 29, 2023

GDPR has become a gold standard but how much do we know about whether it’s enforced or whether it makes any difference in people’s actual level of privacy? US pushes to provide alternative standards—crossborder privacy regulation as an alternative. Leistner: might compare amount of litigation under different regulations, directives.

Law 52

Law Privacy Litigation Social Media 52

SpicyIP

AUGUST 15, 2021

They highlight that this failure is typified by the stark realities that have come to light in a pending public interest litigation before the Bombay High Court [BHC], regarding access to life saving drugs. John Doe & Anr. 9 August, 2021]. The Delhi High Court in Star India Pvt. Other News from Around the World.

Licensing 83

Licensing Government Reporting Patent Law 83

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. A special note about customer data.

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IP Intellectual Property Social Media Cease and Desist 98

Plagiarism Today

AUGUST 11, 2021

Not only does fashion enjoy very limited copyright protection in the United States, but Stein is a Chinese company, making any litigation even more difficult. Examples of this can be found almost every time a dress or fashion accessory becomes popular, whether on social media or at various events. Bottom Line.

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Plagiarism Designs Design Copying 263

SpicyIP

JANUARY 2, 2022

The decisions in the first category , i.e., Top 10 IP Judgments/Orders (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

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IP Intellectual Property Copyright Trademark 143

Technology & Marketing Law Blog

AUGUST 7, 2023

Meanwhile, product design is the real Section 230 battlefront today, and the Lemmon case is the flagship case for that line of litigation. Privacy Review: 16 C.F.R. Part 312, the Children’s Online Privacy Protection Act’s Regulations Overview of the E.U.’s Social Media People v. Pharmatrak (1st Cir.) Lopez (Cal.

Editing 52

Editing Law Contracts Privacy 52

Technology & Marketing Law Blog

NOVEMBER 26, 2021

Thus, I think most government-operated online commenting venues, especially on social media, will be characterized as designated public forums–with all of the legal baggage that attaches to that status. We’ve already seen how trying to moderate social media activity has become a liability trap for government actors.

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Social Media Government Designs Design 105

Technology & Marketing Law Blog

SEPTEMBER 6, 2021

The court summarizes the allegations: Plaintiffs John Doe #1 and John Doe #2 allege that when they were thirteen years old they were solicited and recruited for sex trafficking and manipulated into providing to a third-party sex trafficker pornographic videos (“the Videos”) of themselves through the social media platform Snapchat.

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Blogging Publishing Social Media Advertising 108

Technology & Marketing Law Blog

DECEMBER 30, 2021

.” This passage illustrates the brief’s duality: Florida’s version of the First Amendment would give the government sweeping authority over the digital public sphere and impede social media companies from addressing real harms online. Neither of these theories is defensible, and the Court should reject both of them.

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Social Media Law Privacy Blogging 111

Technology & Marketing Law Blog

JANUARY 28, 2022

For background, check out my post on the district court’s ruling here: “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ”. It did not specifically address ownership of social media accounts. Gutman signed an employment agreement with JLM.

Social Media 89

Social Media Ownership Contracts Privacy 89

Technology & Marketing Law Blog

SEPTEMBER 21, 2021

Florida made a splash enacting its social media censorship bill SB 7072 , only to have a federal district court immediately enjoin it. the Texas legislature tried to one-up Florida with HB 20 , its own social media censorship bill. Undeterred by Florida’s futility (and perhaps envious of it?),

Social Media 143

Social Media Law Publishing Government 143

Technology & Marketing Law Blog

JANUARY 26, 2024

Restrictions on advertising vegan products as meat survives First Amendment challenge because the court accepts the state’s interpretation that it only applies to “misleading” marketing, which the court says is outside the First Amendment. Gallagher Data Breach Litigation , 631 F.Supp.3d Kochava, Inc., In re Arthur J.

Social Media 71

Social Media Privacy Advertising Advertising 71

43(B)log

APRIL 7, 2023

Criteria favoring a Brussels Effect are market size controlled by regulator—a lot of firms want to compete there; regulatory capacity/institutional expertise; stringent standards. Traditionally supported a highly segmented, explicitly territorial market approach by multinationals. Bradford’s four examples of the Brussels Effect v.

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Art Copyright Settlement Moral Rights 45

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 108

Social Media Reporting Government Law 108

Technology & Marketing Law Blog

SEPTEMBER 19, 2023

ACLU, saying that filtering solutions were less restrictive than server-side content controls (it took another 5 years of litigation before the challenges were fully resolved). In Arkansas, a law requiring parental consent before minors sign up for social media accounts didn’t survive intermediate scrutiny.

Social Media 124

Social Media Privacy Law Government 124

LexBlog IP

MARCH 2, 2022

Last month, as part of BakerHostetler’s “Look Back, Look Ahead: Advertising and Marketing Law in 2021 & 2022” webinar series, partners Craig A. We expect to see an increase in state AGs using the media to showcase “wins” as a way to jump-start campaign efforts. IoT (Internet of Things) concept.

Privacy 52

Privacy Marketing Marketing Advertising 52

LexBlog IP

MARCH 1, 2022

Last month, as part of BakerHostetler’s “Look Back, Look Ahead: Advertising and Marketing Law in 2021 & 2022” webinar series, partners Craig A. Recent litigation initiated by Texas and other Republican-led AG offices includes challenges to vaccine mandates and litigation over the failure to build a wall along the U.S.

Social Media 52

Social Media Privacy Advertising Advertising 52

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. Two recent key developments were the Digital Markets Act and the Digital Services Act. The opinion upheld every aspect of Texas’ social media censorship law.

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Law Social Media Government Privacy 113