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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Partner

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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Of Counsel

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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Lawrence W. Gallick

2024 Recap: Ten Lords A-Leaping!

Social Links: If the Suit Fits

Social Links: Age Verification, X Appeal, and the Great White North

Social Links: Fake Reviews, Real Rulings, and an Epic Fail

Lawrence W. Gallick on Toth v. Everly Well, Inc.

LinkedIN

Lots of press surrounding Microsoft’s purchase of LinkedIn: Will <a href="http://www.practicalecommerce.com/articles/124212-Will-LinkedIn-Change-after-Microsoft-Purchase" target="_blank" rel="noopener">LinkedIn change</a> as a result? Will the Microsoft purchase inspire a <a href="http://www.newsfactor.com/story.xhtml?story_id=100007TBFZ7G" target="_blank" rel="noopener">Twitter acquisition</a>?“Spam King” gets 30 months in jail for sending 27 million messages.One columnist says you should <a href="http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=newssearch&cd=5&ved=0ahUKEwjry5b4ua3NAhUN6WMKHa17BnMQqQIILCgAMAQ&url=http%3A%2F%2Fwww.forbes.com%2Fsites%2Fjefffromm%2F2016%2F06%2F16%2Fstop-measuring-reach-in-your-social-media-marketing-its-about-genuine-engagement%2F&usg=AFQjCNG2gQP0QQ7GnZYuf6-POwhOkBF5rw&sig2=32FVXgD-bQnsNyyav7-mOA&bvm=bv.124272578,d.dmo" target="_blank" rel="noopener">stop measuring your social media marketing</a> reach.Twitter is now allowing brands to target ads to people based on their <a href="http://venturebeat.com/2016/06/15/twitter-now-lets-advertisers-target-ads-by-emoji/" target="_blank" rel="noopener">use of sentiment, food and passion emojis</a>.Entertainment streaming companies are tapping social media to learn what resonates with viewers.Brands can now create their own<a href="http://www.adweek.com/socialtimes/youtube-director/641034" target="_blank" rel="noopener"> ads on YouTube</a> on the cheap using a smartphone.Here’s an infographic illustrating <a href="http://www.slideshare.net/MyCaseSD/lawyers-and-social-media-in-2016" target="_blank" rel="noopener">how lawyers are using social media</a> to market themselves.Some insight into <a href="http://www.adweek.com/socialtimes/one-out-of-three-internet-users-are-social-creators-report/641049" target="_blank" rel="noopener">why influencer marketing works</a> and best practices for teaming up with influencers online.This article describes <a href="http://www.businessinsider.com/what-exactly-are-brands-posting-on-snapchat-2016-6" target="_blank" rel="noopener">what kinds of brands are joining Snapchat</a>, and what types of content they’re posting to the platform.Snapchat aims to become a huge player in digital ads. <a href="http://www.cnbc.com/2016/06/14/how-snapchat-aims-to-become-a-huge-player-in-ads.html" target="_blank" rel="noopener">Here’s how</a>.

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 Rubin

Social Links: The ramifications of Microsoft’s LinkedIn purchase; the brands using Snapchat; lawyers’ social media use

Lots of press surrounding Microsoft’s purchase of LinkedIn: Will LinkedIn change as a result? Will the Microsoft purchase inspire a Twitter acquisition? “Spam K

Social Links: The ramifications of Microsoft’s LinkedIn purchase; the brands using Snapchat; lawyers’ social media use

Social media has upended a number of industries. Is <a href="http://www.marketwatch.com/story/social-medias-next-disruption-the-investment-industry-2016-06-09" target="_blank" rel="noopener">Wall Street next</a>?Facebook is getting into the video game live-streaming business.Steven Avery’s defense attorney is <a href="http://www.postcrescent.com/story/news/2016/06/07/avery-attorneys-social-media-strategy-questioned/85233596/" target="_blank" rel="noopener">keeping her 163,000 Twitter followers abreast of her ongoing defense work</a> on behalf of the “Making a Murderer” documentary subject, and some lawyers think it’s a bad idea.Five quick and easy ways to <a href="https://www.entrepreneur.com/article/276564" target="_blank" rel="noopener">double your social media following</a>.Fake Internet traffic schemes will become the second-largest market for criminal organizations behind cocaine and opiate trafficking.<a href="http://adexchanger.com/featured-2/bots-and-fraudsters-are-feasting-on-political-ad-dollars/" target="_blank" rel="noopener">Bots and fraudsters</a> are feasting on political ad dollars.People are spending <a href="http://www.cnbc.com/2016/06/06/people-are-spending-much-less-time-on-social-media-apps-said-report.html" target="_blank" rel="noopener">less time on social media apps</a> these days? With <a href="http://variety.com/2016/digital/news/snapchat-twitter-pinterest-us-users-2016-1201791237/" target="_blank" rel="noopener">Snapchat on pace to have more than 58 million active users</a> this year, we’re skeptical.The man who created the Internet wants to <a href="http://www.nytimes.com/2016/06/08/technology/the-webs-creator-looks-to-reinvent-it.html?_r=0" target="_blank" rel="noopener">create a less centralized web</a> with more privacy and less government and corporate control.Should Twitter <a href="http://abovethelaw.com/2016/06/this-simple-tweak-could-fix-twitter/" target="_blank" rel="noopener">limit the number of tweets</a> users can send each day? <a href="http://www.sociallyawareblog.com/2015/02/17/status-updates-85/" target="_blank" rel="noopener">Other platforms</a> see the value in limiting posts.In the UK the number of arrests over <a href="http://www.dailymail.co.uk/news/article-3624059/Arrests-offensive-social-media-posts-soar-police-target-internet-trolls.html" target="_blank" rel="noopener">offensive social media posts</a> is soaring.Research shows an alarming number of people in the UK <a href="https://www.research-live.com/article/news/misleading-social-media-marketing-putting-businesses-at-risk/id/5008012" target="_blank" rel="noopener">can’t distinguish between marketing and non-commercial content on social media</a>, indicating potential breaches of the CAP Code (the UK’s version of the <a href="http://www.sociallyawareblog.com/2015/12/21/influencer-marketing-tips-for-a-successful-and-legal-advertising-campaign/" target="_blank" rel="noopener">FTC’s Endorsement Guides</a>). Here’s how social media marketers in the UK can stay on the <a href="http://www.sociallyawareblog.com/2015/10/05/how-uk-brands-that-use-vlogger-endorsements-social-media-for-marketing-can-stay-on-the-right-side-of-the-law/" target="_blank" rel="noopener">right side of the law</a>.Google co-founder Larry Page is <a href="http://www.theverge.com/2016/6/9/11893032/google-co-founder-larry-page-is-secretly-building-flying-cars" target="_blank" rel="noopener">secretly building flying cars</a>.Our attention spans are decreasing. Here’s how that should affect your brand’s <a href="http://www.adweek.com/socialtimes/john-stevens-guest-post-decreasing-attention-spans/640539" target="_blank" rel="noopener">website and social media strategy</a>.In a massive recent theft of Twitter usernames and passwords, “123456” was the most commonly used passcode by far. Sigh.

Social Links: Social’s potential to upend the investment industry; online ad fraud; a proposal to fix Twitter

Social media has upended a number of industries. Is Wall Street next? Facebook is getting into the video game live-streaming business. Steven Avery’s defense at

Social Links: Social’s potential to upend the investment industry; online ad fraud; a proposal to fix Twitter

Defense lawyers who <a href="http://blogs.wsj.com/law/2016/04/19/lawyers-accused-of-facebook-spying-can-face-ethics-complaint-state-high-court-rules/" target="_blank" rel="noopener">checked out the Facebook page of a plaintiff suing their client</a> can be prosecuted for attorney misconduct, New Jersey judge rules.Norwegian band changes its name to avoid “<a href="http://www.billboard.com/articles/news/7318701/norwegian-band-slutface-changes-name-slotface-social-media-censorship" target="_blank" rel="noopener">social media censorship</a>.”Can public agencies control their <a href="http://www.govtech.com/social/Can-Louisiana-Public-Agencies-Control-Employees-Social-Media-Posts.html" target="_blank" rel="noopener">employees’ social media posts</a>?Google has complete discretion over whether or not to grant “<a href="http://www.sociallyawareblog.com/2015/05/28/status-updates-errand-apps-for-everyone-a-right-to-be-forgotten-update-your-entire-google-search-history/" target="_blank" rel="noopener">right to be forgotten</a>” requests. Some people <a href="http://www.nytimes.com/2016/04/19/technology/google-europe-privacy-watchdog.html?_r=0" target="_blank" rel="noopener">question</a> the sense of that.This U.K. bar offers to save its customers from <a href="http://bzfd.it/1rlq4I5" target="_blank" rel="noopener">bad Tinder dates</a>.Why are <a href="http://well.blogs.nytimes.com/2016/04/21/why-do-girls-have-more-anxiety-than-boys/?smid=fb-nytimes&smtyp=cur" target="_blank" rel="noopener">boys at lower risk for the toxic effects of social media</a> than girls?New data indicates that choice of social channel, headlines and post length can <a href="http://www.thedrum.com/news/2016/04/18/facebook-and-linkedin-share-load-b2c-and-b2b-marketers" target="_blank" rel="noopener">maximize shares on social media</a>.Will the new <a href="https://itunes.apple.com/us/app/down-to-lunch/id991526007?mt=8" target="_blank" rel="noopener">Down to Lunch</a> networking app continue to grow in popularity despite hitting some all-too-common <a href="http://www.nytimes.com/2016/04/22/technology/a-hot-app-discovers-virality-and-its-downsides.html?emc=edit_tu_20160421&nl=bits&nlid=69264395&te=1" target="_blank" rel="noopener">social media snags</a>?The NYPD’s anti-encryption #UnlockJustice social media campaign fails. Big time.These puppies <a href="http://www.digitaltrends.com/photography/dogs-on-instagram/" target="_blank" rel="noopener">earn HOW MUCH per Instagram post</a>?! They’d better be in compliance with the FTC’s disclosure rules.To stay abreast of social media-related legal developments, please subscribe to our <a href="mailto:sociallyaware@mofo.com?subject=Please%20Sign%20Me%20Up%20for%20the%20Socially%20Aware%20Newsletter">free newsletter</a>.

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

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

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

Tale of the tape. The Video Privacy Protection Act (VPPA), which requires video service providers to destroy personally identifiable information after a specified time, doesn’t provide a private right of action for plaintiffs whose information was retained beyond that period. So held the U.S. Court of Appeals for the Ninth Circuit in <a href="http://cdn.ca9.uscourts.gov/datastore/opinions/2015/09/04/12-17391.pdf" target="_blank" rel="noopener">Rodriguez v. Sony</a>, a case in which the plaintiff, Daniel Rodriguez, claimed that two Sony companies violated the act by retaining, beyond the act’s statutory limits, information relating to movies he had rented and purchased. Citing prior decisions by the <a href="https://casetext.com/case/daniel-v-cantrell-2" target="_blank" rel="noopener">Sixth Circuit</a> and the <a href="http://www.leagle.com/decision/In%20FCO%2020120306137.xml/STERK%20v.%20REDBOX%20AUTOMATED%20RETAIL,%20LLC" target="_blank" rel="noopener">Seventh Circuit,</a> the court in Rodriguez held that the VPPA provides a private right of action only for prohibited disclosure of personal information, not for prohibited retention of personal information. Rodriguez did also claim that Sony had violated the disclosure provisions of the VPPA because the company “shared, sold, and/or transferred” his personal information to Sony Network after Sony Network “took over the [Playstation Network].” But the Ninth Circuit upheld the dismissal of this claim as well, holding that it fell within the VPPA’s exemption for disclosures “incident to the ordinary course of business.” The Rodriguez v. Sony opinion is the second time in two months that the Ninth Circuit dismissed a plaintiff’s attempt to recover under the VPPA. The <a href="http://cdn.ca9.uscourts.gov/datastore/opinions/2015/07/31/12-17045.pdf" target="_blank" rel="noopener">last case</a> affirmed a district court’s conclusion that Netflix did not violate the act by permitting certain disclosures about subscribers’ viewing history to subscribers’ family, friends and guests.Discipline and punish. The Illinois Supreme Court has suspended for three years a Chicago attorney who wrote blog posts that, according to a <a href="http://lawprofessors.typepad.com/legal_profession/2015/09/an-attorney-who-blogged-about-probate-court-was-suspended-f-or-three-years-and-unt-il-further-order-by-the-illinois-supreme-c.html" target="_blank" rel="noopener">report</a> by the Illinois attorney disciplinary board that originally reviewed the matter in 2014, impugned “the integrity of certain judges, guardians ad litem and the lawyers involved in a case in the Probate Court of Cook County.” The lawyer/blogger, JoAnne Marie Denison, wrote the posts that landed her in hot water following her representation of a 90-year-old woman in guardianship proceedings. In 2014, the board <a href="http://www.law360.com/articles/600534/atty-blogger-faces-suspension-for-calling-court-corrupt" target="_blank" rel="noopener">concluded</a> that Denison—whose posts <a href="http://www.law360.com/articles/600534/atty-blogger-faces-suspension-for-calling-court-corrupt" target="_blank" rel="noopener">referenced</a> a “feeding frenzy” of lawyers, a “classic case of corruption” and a court “being spoonfed BS law by atty miscreants”—had violated several rules, including one that prohibits lawyers from making “a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge, adjudicatory officer or public legal officer.” The board nevertheless didn’t conclude that Denison’s actions warranted disbarment, <a href="http://www.law360.com/articles/600534/atty-blogger-faces-suspension-for-calling-court-corrupt" target="_blank" rel="noopener">writing</a> that she “genuinely, though unreasonably, believed something was wrong with the proceedings in the … case,” and did not seem to be motivated by self-interest. Arguing that the decision violated her First Amendment rights, Denison then appealed to a review board, which upheld her suspension. The Illinois Supreme Court finally cemented Denison’s suspension on September 21, 2015.Why can’t we be friends? An Australian tribunal charged with employee dispute resolution cited a Tasmanian sales administrator’s decision to unfriend her colleague on Facebook in its finding that the sales administrator bullied her colleague, a real estate agent, in the workplace. The deputy president of the tribunal, Australia’s <a href="https://en.wikipedia.org/wiki/Fair_Work_Commission" target="_blank" rel="noopener">Fair Work Commission</a>, said the act of unfriending was exemplary of a “lack of emotional maturity.” Legal experts interviewed by the Australian media <a href="http://www.abc.net.au/news/2015-09-25/fair-work-commission-finds-unfriending-on-facebook-can-bullying/6805484" target="_blank" rel="noopener">emphasized</a> that the sales administrator’s alienation of her colleague on Facebook was just one of many incidents of hostile behavior and that unfriending a colleague on Facebook does not, on its own, amount to workplace bullying. But they also said the decision was illustrative of the need for companies to have clear social media policies.

Status Updates: Court nixes VPPA claim; lawyer suspended over blog posts; Facebook ‘unfriending’ cited in bullying decision

Tale of the tape. The Video Privacy Protection Act (VPPA), which requires video service providers to destroy personally identifiable information after a specifi

Status Updates: Court nixes VPPA claim; lawyer suspended over blog posts; Facebook ‘unfriending’ cited in bullying decision

Autodesk

HM Revenue and Customs

Home Office, Department for Communities and Local Government, Department of Health

Intel

ITworx

lastminute.com

NYSE-listed health tech company

One of UK's largest public EV charging networks

Phoenix Group

Telenor

UK Border Agency

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Alistair Maughan co-leads Morrison & Foerster's European Technology & Commercial Practice.

Alistair Maughan

Alistair advises on the deployment of new technology platforms involving, for example, the internet of things, AI and machine-learning, and blockchain and distributed ledger technology.

The Internet of Things Part 2: The Old Problem Squared

The Internet of Things Part 2: The Old Problem Squared