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.

April 16, 2013 - Litigation
Spoliation of Social Media Evidence: New Jersey Court Cracks Down
A March 23, 2013 decision from the U.S. District Court for the District of New Jersey serves as a cautionary tale for litigants. As a result of some arguably poor decisions by the plaintiff and likely miscommunication between the parties regarding access to the
... ›
April 09, 2013 - FTC, Litigation
Federal Court in Manhattan “Likes” Service of Process via Facebook
On March 7, 2013, a federal court in Manhattan ruled, in Federal Trade Commission v. PCCare247 Inc. , that service via Facebook is an acceptable alternative means of serving court documents on foreign defendants. Although this is a watershed ruling in many respects, in
... ›
April 07, 2013 - Event
Technology Law Update: Recent Developments in Social Media & Internet Law
Please join Socially Aware editor John Delaney as he speaks at the New England Corporate Counsel Association’s “Technology Law Update: Recent Developments in Social Media & Internet Law” event in Waltham, MA on Wednesday, April 10. Issues to be addressed in the presentation include
... ›
April 04, 2013 - Securities Law, SEC
SEC Offers Guidance on Use of Social Media for Public Disclosure
On April 2, 2013, the U.S. Securities and Exchange Commission (SEC) issued guidance in the form of the Report of Investigation under Section 21(a) of the Securities Exchange Act of 1934 which indicates that social media channels—such as Twitter and Facebook—could be used by
... ›
April 02, 2013 - Copyright, Litigation
Southern District of New York Examines Whether News Clipping Service Qualifies as Fair Use Under Copyright Act
It is well settled that Internet search engines’ reproduction of limited portions of copyrighted materials in order to direct Internet users to locations of original content constitutes “fair use” under the Copyright Act. (See, for example, Perfect 10, Inc. v. Amazon.com, Inc. and Kelly
... ›
March 20, 2013 - Privacy, Litigation
More Trouble With Work-Related Social Media Accounts
We have written before about cases involving disputes between employers and employees over work-related social media accounts, but a new case out of Arizona federal court raises issues that appear to be unlike those we have addressed previously. In Castle Megastore Group, Inc. v.
... ›
March 20, 2013 - Copyright, Litigation
Supreme Court Holds That “First Sale” Doctrine Applies to Copies of a Copyrighted Work Lawfully Made Abroad
The Supreme Court of the United States issued its much-anticipated decision in Kirtsaeng v. John Wiley & Sons, Inc. , holding that the “first sale” doctrine protects a buyer or other lawful owner of a copy of a copyrighted work that was lawfully made
... ›
March 19, 2013 - Litigation
Can Touting Your New Job on Social Media Sites Violate a Non-Solicitation Agreement?
By: J. Alexander Lawrence
According to a federal judge in Oklahoma in Pre-Paid Legal Services, Inc. v. Cahill , simply sharing information about a new job over social media does not mean that you are inviting former co-workers to come join you in violation of a non-solicitation agreement.
... ›
March 18, 2013 - Privacy, Litigation
It’s Déjà Vu All Over Again: Massachusetts Allows Actions for Violation of Privacy Rights Based on Collection of ZIP Codes
By: Purvi G. Patel
Massachusetts appears to have followed California’s lead in opening a litigation floodgate over ZIP code collection at the point of sale. In 2011, the California Supreme Court held in Pineda v. Williams-Sonoma Stores, Inc. , 246 P.3d 612 (Cal. 2011), that a retailer illegally
... ›
March 17, 2013 - Privacy, Litigation
A Fistful of Data: Facebook and Profile Technology, Inc. Showdown Over the Right to Use Outdated User Information
By: Jessica Kaufman
As social media matures and users become more concerned about the privacy of the information they publish online, New Zealand-based search engine app company Profile Technology, Inc. and Facebook are engaged in a legal battle stemming from a dispute over the right to use
... ›

Welcome to Socially Aware

Spoliation of Social Media Evidence: New Jersey Court Cracks Down

Federal Court in Manhattan “Likes” Service of Process via Facebook

Technology Law Update: Recent Developments in Social Media & Internet Law

SEC Offers Guidance on Use of Social Media for Public Disclosure

Southern District of New York Examines Whether News Clipping Service Qualifies as Fair Use Under Copyright Act

More Trouble With Work-Related Social Media Accounts

Supreme Court Holds That “First Sale” Doctrine Applies to Copies of a Copyrighted Work Lawfully Made Abroad

Can Touting Your New Job on Social Media Sites Violate a Non-Solicitation Agreement?

By: J. Alexander Lawrence

It’s Déjà Vu All Over Again: Massachusetts Allows Actions for Violation of Privacy Rights Based on Collection of ZIP Codes

By: Purvi G. Patel

A Fistful of Data: Facebook and Profile Technology, Inc. Showdown Over the Right to Use Outdated User Information

By: Jessica Kaufman