Social media sites are transforming not only the daily lives of consumers, but also how companies interact with consumers. Here at Morrison Foerster, across all of our practice groups, we are seeing complex, cutting-edge legal issues arising out of social media. As with the Internet boom during the mid-to-late 1990s, social media is generating new legal questions at a far faster pace than the law’s ability to provide answers to such questions. In an effort to stay on top of these emerging issues, and to keep our clients and friends informed of new developments, Morrison Foerster publishes this blog devoted to the law and business of social media.<h2>ABOUT MORRISON FOERSTER</h2>Morrison Foerster is a leading global law firm that transforms complexity into advantage for its clients. Our clients include some of the largest financial institutions, banks, consulting and accounting firms, and Fortune 100, technology, and life sciences companies. Highlighting the firm’s commitment to client service, leadership in market-changing deals and impact litigation, and values-based culture, Morrison Foerster has been repeatedly recognized as one of the top 10 firms on The American Lawyer’s A-List. Year after year, the firm receives significant recognition from Chambers and The Legal 500 across their various guides, including Global, USA, Asia‑Pacific, Europe, UK, Latin America, and FinTech Legal. Our lawyers passionately care about delivering legal excellence while living our values. Morrison Foerster has a long-standing commitment to creating a culture that respects and celebrates differences, while providing an inclusive environment. The firm has achieved Mansfield Certification Plus since 2018 as a result of successfully reaching at least 30 percent women, communities of color, and LGBTQ+ lawyer representation in a notable number of current leadership roles and committees. The firm also has a long history of commitment to the community and society through providing pro bono legal services, including litigating for civil rights and civil liberties, improving public education and fostering the wellbeing of children, advocating for veterans, promoting international human rights, enforcing the right to asylum, and safeguarding the environment.

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Aaron is the chair of the firm’s Technology Transactions Group and co-chair of the Interactive + Digital Media Group. He advises clients on a wide range of complex transactions involving intellectual property and technology, including structuring and negotiating strategic licensing, development, collaboration, procurement, and distribution deals.Aaron’s practice focuses on advising both established and emerging companies in a variety of data- and technology-intensive sectors, including software, SaaS, cloud-based technology, digital media (social media, AR/VR, gaming, streaming media, AdTech), AI, healthcare, consumer electronics, e-commerce, other online business models, and mobile applications. He also maintains an active practice counseling companies on branding and marketing, trademark licensing, and content-related transactions, as well as the intellectual property aspects of mergers, acquisitions, asset spin-offs, and private equity investments.He has represented clients such as Autodesk, Meta, OpenAI, Splunk, Konami, Kaiser Permanente, SoftBank, Visa, and Yahoo, among others.Aaron has been recognized by numerous publications for his work on market-defining technology transactions. He is currently ranked by Chambers USA for “Technology Transactions.”Aaron also serves as co-editor of Socially Aware, the firm’s award-winning newsletter and blog devoted to the law and business of social media, and regularly publishes on various IP and technology-related topics. Aaron is also a sought-after speaker on new and emerging areas of law, and is a frequent presenter and panelist at conferences and legal services programs. In addition to his active practice, Aaron regularly provides pro bono assistance to various nonprofit and charitable organizations such as Common Sense Media and the Starlight Children’s Foundation. He is a member of the board of directors of California Lawyers for the Arts.While in law school at the University of California, Berkeley, Boalt Hall School of Law, Aaron served as executive editor of the California Law Review and was elected to the Order of the Coif. Following law school, Aaron served as law clerk to the Honorable William H. Orrick and the Honorable Martin J. Jenkins, both United States District Judges for the Northern District of California.

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Aaron is the chair of our Technology Transactions Group. He advises clients on a wide range of complex transactions involving intellectual property and technology, including structuring and negotiating strategic licensing, development, collaboration, procurement, and distribution deals. Aaron’s practice focuses on advising both established and emerging companies in a variety of data– and technology–intensive sectors, including software, SaaS, cloud computing, AR/VR, AI, gaming, healthcare, consumer electronics, social media, e–commerce, other online business models, and mobile applications. He also maintains an active practice counseling companies on the intellectual property aspects of mergers, acquisitions, asset spin–offs, and private equity investments.

Aaron P. Rubin

Lawrence Gallick is of counsel in the firm’s Austin office and a member of the Technology Transactions Group.Lawrence focuses his practice on technology transactions and licensing matters. His diverse experience includes advising on SaaS agreements, cross-licensing agreements, research and collaboration agreements, development agreements, and distribution agreements. He counsels a broad range of companies across the software, hardware, life sciences, biotech and FinTech spaces, as well as other entities including universities.He advises clients in connection with general corporate matters including contract negotiations, and leasing and technology placement agreements.Lawrence also serves as co-editor of <a href="https://www.sociallyawareblog.com/" target="_blank">Socially Aware</a>, the firm’s award-winning newsletter and blog devoted to the law and business of social media, and regularly publishes on various IP and technology-related topics.Prior to joining the firm, Lawrence was counsel at another major law firm. Before earning his law degree, Lawrence was a web consultant, project manager, and web developer in Portland, Oregon, where he managed and consulted on projects using industry methodologies and performed custom development and integration of content management systems.Lawrence was named a Super Lawyers “Rising Star” in 2015 and 2018–2022, and is licensed in both California and New York. Lawrence earned his J.D. from the University at Buffalo School of Law, where he was the electronic systems editor for the Buffalo Law Review and awarded the ABA-BNA Award for Excellence in the Study of Intellectual Property Law.

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Lawrence Gallick

Anthony Ramirez is a partner in the Technology Transactions Group in the New York office of Morrison Foerster.Anthony advises clients on general commercial and transactional matters. He regularly advises companies on the IP aspects of their M&A transactions. His clients include technology, digital media and content for television and music, financial services, and communications companies with diverse intellectual property assets and issues.His practice focuses on the legal aspects of developing, licensing, and commercializing technology and intellectual property, as well as negotiating general commercial contracts, including outsourcing transactions, as well as content and data licenses. He regularly assists clients with legal issues relating to licensing and commercialization of digital media and content, digital content that is distributed over the Internet or streamed, mobile applications and social media, as well as the licensing of recorded music for distribution via digital platforms. Anthony is also experienced with issues relating to open-source software, software development, artificial intelligence and machine learning, cloud-based technology, and protection of proprietary information.Anthony has extensive experience working on matters involving disruptive technologies, such as blockchain. He has helped fintech clients with general intellectual property issues in connection with terms of service for online financial products and services.Anthony is an integral part of the outside pro bono legal team for nonprofit organizations based in New York, including advising clients on legal issues regarding entertainment, social media, privacy rights, and the negotiation of outsourcing and service agreements. Anthony received his J.D. from the University of Michigan Law School in 2009. He received his B.S. from Cornell University in 2004.

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Anthony Ramirez is a partner in the Technology Transactions Group in the New York office of Morrison Foerster. He advises clients on general commercial and transactional matters. His clients include technology, media, and communications companies with considerable intellectual property assets. His practice focuses on the legal aspects of licensing and commercializing technology and intellectual property, as well as negotiating general commercial contracts. He also regularly assists clients with legal issues relating to mobile applications and social media.

Anthony M. Ramirez

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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.

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In early March 2022, a coalition of state attorneys general launched an investigation of TikTok to determine whether the social media platform, which is popular

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Coalition of State Attorneys General Investigate Tiktok’s Potential Harm to Children and Teens

Coalition of State Attorneys General Investigate Tiktok’s Potential Harm to Children and Teens | Socially Aware

Julie O'Neill

In early March 2022, a coalition of state attorneys general launched an investigation of TikTok to determine whether the social media platform, which is popular among young Americans, causes long-term harm to them. Initiated in the Massachusetts attorney general’s office and led by Massachusetts Attorney General Maura Healey (D), the probe also seeks to examine whether TikTok’s practices violate state consumer protection laws.According to an <a href="https://www.washingtonpost.com/technology/2022/03/02/state-attorneys-general-tiktok/">article</a> in The Washington Post, “The attorneys general plan to focus on the methods TikTok uses to lure young users to spend extra time on the platform and open the app frequently.” Central to the claims against ByteDance, the Chinese company that owns TikTok, is how TikTok’s powerful algorithms can suggest content that is not appropriate for young people and teens. In September 2021, The Wall Street Journal published its own <a href="https://www.wsj.com/articles/tiktok-algorithm-sex-drugs-minors-11631052944">investigation</a> that revealed how TikTok serves up adult topics to minors.Attorneys general from California, Florida, Kentucky, Nebraska, New Jersey, Tennessee, and Vermont also are working on other ongoing investigations.Additional coverage of this topic includes: <ul><li><a href="https://www.wsj.com/articles/tiktok-faces-scrutiny-in-state-attorneys-general-probe-of-online-harms-to-children-11646251698">TikTok Faces Scrutiny in State Attorneys General Probe of Online Harms to Children</a> (The Wall Street Journal)</li><li><a href="https://mashable.com/article/nationwide-attorneys-general-investigate-tiktok">Nationwide investigation into TikTok underway by group of state attorneys general</a> (Mashable)</li><li><a href="https://www.msnbc.com/the-reidout/reidout-blog/tiktok-investigation-rcna18516">TikTok's honeymoon period is over, state AG probe suggests</a> (MSNBC)</li></ul> The EU draws a hard line in the sand with the Digital Markets ActIn late March 2022, the new legislation was passed that has the potential to reign in the power of some of the world’s most powerful technology companies.<a href="https://www.nytimes.com/2022/03/24/technology/eu-regulation-apple-meta-google.html">The Digital Markets Act</a> comes from the European Union, one of the strongest and strictest government coalitions to regulate big tech’s reach and influence on society, governments, corporations, and populations. Long known for its stalwart stance against that reach, the European Union has led the way with other landmark regulations, including the 2018 <a href="https://gdpr-info.eu/">General Data Protection Regulation</a> (GDPR), a privacy law that restricts the online collection and sharing of personal data. That regulation made Europe the “world’s leading tech watchdog” according to an <a href="https://www.nytimes.com/2018/05/24/technology/europe-gdpr-privacy.html">article</a> in The New York Times.The Center for Strategic and International Studies offers this <a href="https://www.csis.org/analysis/european-unions-digital-markets-act-primer">primer</a> on the Digital Markets Act, while Wired provides its own <a href="https://www.wired.com/story/digital-markets-act-messaging/">unique take</a> on the legislation and its potential primary impact on U.S.-based companies.Our European colleagues will be reporting on this landmark legislation shortly, so stay tuned here at Socially Aware for updates.Now on remand, district court denies Meta’s motion to dismiss in right of publicity caseOn April 22, 2022, the district court presiding over Hepp v. Meta Platforms (FKA Hepp v. Facebook) denied Meta’s <a href="https://www.law360.com/articles/1486615/attachments/0">Motion to Dismiss</a> the Second Amended Complaint. As previously <a href="https://www.sociallyawareblog.com/topics/district-court-in-third-circuit-sides-with-ninth-circuit-section-230-protects-social-media-platforms-from-state-law-intellectual-property-claims.html">reported</a> by Socially Aware, the plaintiff Karen Hepp alleged that Meta violated her right of publicity under Pennsylvania law (both common law and statutory) when a third-party advertiser used a photo of the plaintiff, a news anchor in Philadelphia, in an ad soliciting users to “meet and chat with single women.”Consistent with the Ninth Circuit’s holding in Perfect 10 v. CCBill, Meta originally argued that Section 230 of the U.S. Communications Decency Act preempts state law right of publicity claims. While the district court agreed with Meta, finding social media platforms immune under Section 230 for such right of publicity violations, the Third Circuit reversed, holding that Section 230(e)(2) applies to both federal and state intellectual property claims. (Section 230(e)(2) states “[n]othing in this section shall be construed to limit or expand any law pertaining to intellectual property.”)On remand, Meta argued the plaintiff could not succeed on the merits because: (1) Meta did not use her image for a “commercial purpose” or have “actual knowledge” of the unauthorized use, as required under Pennsylvania’s right of publicity statute; (2) her common law claim has been abrogated and subsumed by the comprehensive statutory scheme created when the Pennsylvania legislature enacted the statutory right of publicity; and (3) if her common law claim does still exist, she failed to plead facts sufficient to establish a claim.After considering clause (1), the district court found that the argument was more appropriate for summary judgment. The court was unwilling to resolve the issue in clause (2) since discovery would already commence based on the plaintiff’s statutory claim. Finally, regarding clause (3), the court found that the plaintiff had set forth sufficient facts to survive a motion to dismiss.