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.

July 26, 2012 - Employment Law
The NLRB Weighs In (Again) On Social Media Policies
With the issuance of its third guidance document on workplace social media policies in the past year, the National Labor Relations Board (NLRB) continues to refine its position on how to craft workplace social media policies that are consistent with the terms of the
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July 23, 2012 - Terms of Use, Privacy, Litigation
We’ve Come for Your Tweets: Twitter to Appeal Denial of Its Motion to Quash District Attorney’s Subpoena
By: J. Alexander Lawrence
As the Occupy Wall Street protests fade from memory, a related discovery battle between Twitter and the New York County District Attorney rages on. Earlier this year, we discussed the District Attorney’s efforts to subpoena user information and tweets of criminal defendant Malcolm Harris,
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July 23, 2012 - Privacy
California Attorney General Creates Privacy Enforcement and Protection Unit; Increased Enforcement Likely
On July 19th, California Attorney General Kamala D. Harris announced the formation of a new Privacy Enforcement and Protection Unit within the state’s Department of Justice. The move is widely seen as a means of stepping up the state’s enforcement activities involving privacy issues.
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July 19, 2012 - FTC, Litigation
Face Off: Consumer Sues Hockey Team Over Text Messages
By: Julie O'Neill
Earlier this year, Fred Weiss, a Pittsburgh Penguins hockey team fan, responded to an offer to receive text messages alerting him to team news and special offers. Although the terms pertaining to the call-to-action apparently promised Weiss that he would receive no more than
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July 10, 2012 - Securities Law, Investment Management Law, Financial Institutions
The Social Media Experiment: Challenges for Broker-Dealers and Investment Advisers
The announcement by a Wall Street firm that it plans to give its financial advisers limited access to social media websites has been viewed by many as inevitable. Morgan Stanley’s foray into the fast-changing world of social media highlights the difficulties faced by broker-dealers
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June 24, 2012 - Litigation
“You Have One New Lawsuit”: Can You Serve Legal Notice Through Social Media?
By: Daniel P. Levison
As reported by Law36 0 and several other sources, on June 7, 2012, in Fortunato v. Chase Bank, a federal district court ruled that defendant Chase Bank could not use Facebook to serve a third-party defendant with the complaint that Chase had filed against
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June 18, 2012 - Copyright, Discovery, Litigation
What, What (In the Court): South Park Studios Shielded by Fair Use for Viral Video Parody
The Seventh Circuit held recently in Brownmark Films, LLC v. Comedy Partners that, under certain circumstances, a trial court may dismiss a copyright infringement case based on a fair use defense prior to discovery. Over the years, the satiric Comedy Central cartoon program South
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June 13, 2012 - E-Personation, Litigation
Tracking the Trolls: A “Twitter Jitters” Update
By: Alistair Maughan
We reported this past May in our Socially Aware blog about efforts of law enforcement authorities in the United Kingdom to adapt existing laws to police potential offenses committed via social media. The UK government has just announced proposals that will make it easier to
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June 08, 2012 - Terms of Use, Litigation
Computer Crime Prosecutions Face New Difficulties
In two recent decisions issued within a day of each other, two influential federal courts limited the scope of three important federal laws used to prosecute criminal conduct involving computers. On April 10, 2012, the Ninth Circuit limited the scope of criminal liability for
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June 04, 2012 - Privacy, Employment Law, Litigation
Interview with Debbie Rosenbaum regarding Bland v. Roberts
As a result of her recent Socially Aware blog post What’s Not to Like , our contributor Debbie Rosenbaum has been interviewed by LXBN TV regarding Bland v. Roberts , the recent (and controversial) federal court decision holding that “liking” a Facebook page does
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