Lawrence W. Gallick on Toth v. Everly Well, Inc.
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Socially Aware is devoted to the law and business of social media, proactively addressing emerging issues and keeping our clients informed of new developments. We cover fields such as artificial intelligence, privacy and data security, Section 230, intellectual property, and much more.
- On September 25, 2024, the U.S. Court of Appeals for the First Circuit issued its decision in Toth v. Everly Well, Inc. Socially Aware spoke to Lawrence Gallick (of counsel in Morrison Foerster’s Austin office) about the case for a deeper dive into this... ›
- - Arbitration, Artificial Intelligence, Data Security, First Amendment, Privacy, Protected Speech, Social Media Policy
Social Links: Going Back to Cali
By: Lawrence W. Gallick, Anthony M. Ramirez and Aaron P. Rubin
Newsom Vetoes AI Bill California Governor Gavin Newsom has vetoed SB-1047. The controversial bill was intended to establish safety guidelines for artificial intelligence models and would have been the first significant piece of state AI legislation in the country. Though it had many high-profile... › Social Links: TikTok Trademarks, Social Signposts, and Robot Rock
By: Lawrence W. Gallick, Anthony M. Ramirez and Aaron P. Rubin
Sick of the “ very demure, very mindful ” social media trend yet? The U.S. Patent and Trademark Office probably is too. Our national nightmare began on August 5 when TikToker Jools LeBron uploaded a video of herself pontificating about the way she dresses... ›Lose Your Illusion: District Court Holds that Unilateral Modification Clause Makes ToS Unenforceable
By: Lawrence W. Gallick, Anthony M. Ramirez, Aaron P. Rubin and Tricia Matibag
On August 8, 2024, the U.S. District Court for the Eastern District of Virginia in Lovinfosse v. Lowe’s Home Centers, LLP addressed the enforceability of an arbitration clause in Lowe’s terms of service, serving as a reminder of the problems that may arise from... ›Social Links: Tinder, TikTok, and the Copacabana
Double-check before swiping right. Ubiquitous dating app Tinder scored a court victory when the U.S. District Court in New Jersey ruled in Ciapinska v. Tinder that the arbitration clause in the app’s terms of use (TOU) is binding. At the center of the suit... ›Social Links: Deepfakes, AI, and the Continuing Saga of Reddit
By: Lawrence W. Gallick, Anthony M. Ramirez and Aaron P. Rubin
Lingo Telecom, a Georgia-based VoIP service operator, has agreed to pay a $1 million fine for using AI-generated deepfake technology to spoof President Joe Biden’s voice in a series of robocalls. A Louisiana political consultant had previously been indicted for arranging and financing the calls,... ›- - Copyright, Defamation, E-Commerce, Fraud, FTC, Online Reviews, Privacy, Social Media Policy, Trademark, Web Scraping
Social Links: Recent Developments in the Law and Business of Social Media
By: Lawrence W. Gallick, Anthony M. Ramirez and Aaron P. Rubin
The Federal Trade Commission has finalized a new rule aimed at curtailing false, misleading, and otherwise fraudulent reviews on online retail sites. Fake reviews are a significant problem for the big e-commerce platforms, given that a robust customer review system is crucial to modern... › - - Advertising, Artificial Intelligence, Copyright, Fair Use, First Amendment, Fraud, SEC, Section 230 Safe Harbor
Social Links: August 2024
By: Lawrence W. Gallick, Anthony M. Ramirez and Aaron P. Rubin
Social media giant TikTok has been sued by the United States for allegedly collecting data on children under thirteen illegally. The suit claims the app, which is owned by China-based parent company ByteDance, allowed millions of children to create accounts without parental knowledge or... › - - Artificial Intelligence, Copyright, First Amendment, Fraud, FTC, IP, Privacy, Section 230 Safe Harbor, Social Media Policy
Social Links: July 2024
By: Lawrence W. Gallick, Anthony M. Ramirez and Aaron P. Rubin
In a rare example of bipartisan agreement, the dramatically named DEFIANCE (Disrupt Explicit Forged Images and Non-Consensual Edits) Act unanimously passed the Senate. The bill allows victims of AI-generated deepfake pornography to sue anyone who knowingly creates, receives, or distributes such images. It only... ›