Welcome to Socially Aware

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.

May 03, 2016 - Copyright
Do Not Go Gentle Into That Jurisdiction: No “Situs of Injury” Merely Because Copyrighted Material Is Accessible
By: J. Alexander Lawrence
Because content posted online can be accessed nearly anywhere, courts regularly face the issue of whether they have personal jurisdiction over a defendant who posted material to the web or a social media site. Recently, one New York federal court held that the mere fact,
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May 02, 2016 - Terms of Use
Website Terms of Use: Out With the Old
By: Aaron P. Rubin
In this final portion of my video on website terms of use, I offer practical tips on best practices for updating and modifying online agreements. For more information on this subject, see my earlier video post on Website Terms of Use: Check That Box!
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April 29, 2016 - Advertising, Disappearing Content, Privacy, Litigation
Social Links—Fines for social-media-posting jurors; Microinfluencers; Snapchat’s and Tinder’s sketchy new features
By: Aaron P. Rubin
A lawsuit alleges this Snapchat feature is making driving even more dangerous, and it’s not texting or instant messaging. This state is considering imposing hefty fines on jurors who post information to social media about the lawsuits they’re hearing. Facebook pulls back the veil
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April 28, 2016 - Litigation
Judge in High-Profile Case Obtains Attorney Agreement Not to Engage in Juror Social Media Snooping
By: J. Alexander Lawrence
It seems that almost everyone uses social media today. Of course, this means that most every juror is a social media user, and that courts are dealing with the thorny questions that arise out of the proliferation of social media usage among jurors. Like
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April 27, 2016 - Terms of Use
Website Terms of Use: Check That Box!
By: Aaron P. Rubin
Many of my clients ask how they can best ensure that their websites’ terms of use are enforceable. Is it really necessary to require the website’s users to check a box or click a button manifesting affirmative assent? In this portion of my video
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April 25, 2016 - Terms of Use
Website Terms of Use: Are They Really Necessary?
By: Aaron P. Rubin
As a social media lawyer, I work closely with website operators and other clients to help reduce the risk of liability that can arise from doing business online. One of the key ways to minimize online legal risks is to use a carefully drafted online
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April 25, 2016 - Litigation
New Jersey Supreme Court Questions Ethics of “Friending” a Litigation Foe
By: J. Alexander Lawrence
Attorneys often research adverse parties online to obtain potentially useful—and publicly available—evidence for use in a case. But, as an ethical matter, may an attorney access information available only through an adversary’s private social media account? The New Jersey Supreme Court just considered this
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April 22, 2016 - European Union, FTC, Protected Speech, Privacy, Employment Law, Ethics, Litigation, Online Endorsements
Social Links—Facebook-spying litigators; employees’ social media posts; Europe’s Right To Be Forgotten
By: Aaron P. Rubin
Defense lawyers who checked out the Facebook page of a plaintiff suing their client can be prosecuted for attorney misconduct, New Jersey judge rules. Norwegian band changes its name to avoid “ social media censorship .” Can public agencies control their employees’ social media
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April 19, 2016 - Litigation
Mixed Messages: Courts Grapple With Emoticons and Emoji
Emoti cons and emoji are ubiquitous in online and mobile communications; according to one study , 74 percent of Americans use emoticons, emoji and similar images on a regular basis. Given their popularity, it comes as no surprise that courts are increasingly being called
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April 15, 2016 - First Amendment, Marketing, Big Data, Litigation
Social Links: A social media marketing fail; Facebook and prisoners, jurors, older people
By: Aaron P. Rubin
We’re trying something new here at Socially Aware : In addition to our usual social-media and tech-law analyses and updates, we’re going to end each work week with a list of links to interesting social media stories around the Web, primarily things that caught
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Welcome to Socially Aware

Do Not Go Gentle Into That Jurisdiction: No “Situs of Injury” Merely Because Copyrighted Material Is Accessible

By: J. Alexander Lawrence

Website Terms of Use: Out With the Old

By: Aaron P. Rubin

Social Links—Fines for social-media-posting jurors; Microinfluencers; Snapchat’s and Tinder’s sketchy new features

By: Aaron P. Rubin

Judge in High-Profile Case Obtains Attorney Agreement Not to Engage in Juror Social Media Snooping

By: J. Alexander Lawrence

Website Terms of Use: Check That Box!

By: Aaron P. Rubin

Website Terms of Use: Are They Really Necessary?

By: Aaron P. Rubin

New Jersey Supreme Court Questions Ethics of “Friending” a Litigation Foe

By: J. Alexander Lawrence

Social Links—Facebook-spying litigators; employees’ social media posts; Europe’s Right To Be Forgotten

By: Aaron P. Rubin

Mixed Messages: Courts Grapple With Emoticons and Emoji

Social Links: A social media marketing fail; Facebook and prisoners, jurors, older people

By: Aaron P. Rubin