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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Welcome to Socially Aware

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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

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.

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We’re delighted to publish our Social Media Safety Guide for Companies, which highlights key considerations to keep in mind in using social media to promote your company’s products and services and to engage with customers.Social media has been referred to as the greatest development for marketers since the printing press, but the benefits of social media are not risk free; indeed, many companies have run into serious legal problems in their rush to take advantage of social media. Although not a substitute for advice from experienced legal counsel, our Guide is intended to highlight a number of emerging best practices for reducing U.S. legal risks in connection with corporate use of social media.

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Social Media Safety Guide for Companies

We’re delighted to publish our Social Media Safety Guide for Companies, which highlights key considerations to keep in mind in using social media to promote you

Social Media Safety Guide for Companies

The latest issue of our Socially Aware newsletter is now available <a href="https://media2.mofo.com/v3/assets/blt5775cc69c999c255/blt60f442090c53a750/62730e355f7b601eaaebcd36/160823-socially-aware.pdf" target="_blank" rel="noopener">here</a>.In this issue of Socially Aware, our <a href="https://www.burtonawards.com/winners/law360-distinguished-legal-writing-award-winners-law-firms/" target="_blank" rel="noopener">Burton Award</a> winning guide to the law and business of social media, we discuss the impact online trolls are having on social media marketing; we revisit whether hashtags should be afforded trademark protection; we explain how an unusual New Jersey law is disrupting the ecommerce industry and creating traps for the unwary; we explore legal and business implications of the Pokémon Go craze; we examine a recent federal court decision likely to affect application of the Video Privacy Protection Act to mobile apps; we discuss a class action suit against an app developer that highlights the legal risks of transitioning app customers from one business model to another; and we describe how Europe’s Right to Be Forgotten has spread to Asia.All this—plus infographics illustrating the enormous popularity of Pokémon Go and the unfortunate prevalence of online trolling.

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

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Now Available: The August Issue of Our Socially Aware Newsletter

Now Available: The August Issue of Our Socially Aware Newsletter

The latest issue of our Socially Aware newsletter is now available here. In this issue of Socially Aware, our Burton Award winning guide to the law and business

We’re happy to publish our latest infographic, which highlights key social media marketing trends for both B2B and B2C companies. Among other things, the infographic points out that, although companies continue to increase their social media marketing spend, they don’t do a particularly good job at engaging consumers through social media, and they still struggle to determine the return on their investment. Enjoy! And please feel free to share this infographic with your marketing colleagues.

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Infographic: Social Media Marketing

We’re happy to publish our latest infographic, which highlights key social media marketing trends for both B2B and B2C companies. Among other things, the infogr

Infographic: Social Media Marketing

Following concerns raised by bloggers, the UK government has clarified that small blogs will be exempt from the scope of the new UK press watchdog which is to be introduced as a result of the findings of the <a href="http://www.levesoninquiry.org.uk/">Leveson Inquiry</a>.In 2007, Clive Goodman, then-editor of UK newspaper News of the World, and private investigator Glenn Mulcaire were convicted of the illegal interception of phone messages, and in early 2011, it was revealed that other News of the World reporters had also hacked phones.  Later in 2011, the UK government <a href="https://www.gov.uk/government/organisations/department-for-culture-media-sport">Department for Culture, Media and Sport</a> (DCMS) commenced a public inquiry into the <a title="Culture" href="http://en.wikipedia.org/wiki/Culture">culture</a>, practices and <a title="Ethics" href="http://en.wikipedia.org/wiki/Ethics">ethics</a> of the <a title="British (people)" href="http://en.wikipedia.org/wiki/British_%28people%29">British</a> <a title="Newspapers" href="http://en.wikipedia.org/wiki/Newspapers">press</a>, chaired by <a href="http://www.levesoninquiry.org.uk/people/lord-justice-leveson-chairman/">Lord Justice Leveson</a>.  In November 2012, following a series of public hearings, Lord Justice Leveson’s inquiry published the <a href="http://www.official-documents.gov.uk/document/hc1213/hc07/0780/0780.asp">Leveson Report</a>, which made recommendations for a new independent regulator for the UK press.  As a result of the Leveson Report, the UK government has proposed that a new press watchdog be established by royal charter and backed by legislation; this new self-regulatory system will apply to all “relevant publishers.”The Crime and Courts Act 2013The relevant legislation, the <a href="http://www.legislation.gov.uk/ukpga/2013/22/contents/enacted">Crime and Courts Act 2013</a> (the “Act”), became law on April 25, 2013.  (In terms of the <a href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/142808/18_March_2013_v6_Draft_Royal_Charter.pdf">royal charter</a> itself, a draft royal charter put forward by the UK government and a <a href="http://www.guardian.co.uk/media/2013/apr/25/press-regulation-newspaper-groups-royal-charter">rival draft</a> put forward by some of the leading UK newspapers are due to be considered by the <a href="http://privycouncil.independent.gov.uk/">Privy Council</a> in June 2013.)  Section 41 of the Act sets out the four criteria that a publication must meet to be a “relevant publisher.”  A relevant publisher must:<ul><li>Publish “news-related” material (i.e., news, information or opinion about current affairs or gossip about celebrities, public figures or other persons in the news);</li><li>Publish in the course of a business;</li><li>Publish material written by different authors; and</li><li>Publish material subject to editorial controls.</li></ul>For purposes of the Act, “publication” means on a website, in hard copy or by any other means.The draft royal charter proposed by the UK government goes on to make clear that the proposed self-regulatory scheme will cover those who publish in the UK, where a person is deemed to publish in the UK if “the publication takes place in the United Kingdom or is targeted primarily at an audience in the United Kingdom”; the rival royal charter drafted by the press does not suggest any changes to these provisions.  Although there is no guidance in the draft royal charter as to the interpretation of “takes place in the United Kingdom,” it appears that the royal charter could cover foreign operators that publish in the UK, in addition to the UK press itself.  We note that the risk to such publishers that are based in the United States, at least with respect to defamation claims, may be limited by the <a href="http://www.gpo.gov/fdsys/pkg/PLAW-111publ223/pdf/PLAW-111publ223.pdf">SPEECH Act</a>,” which was signed into law in the U.S. in August 2010 as a response to so-called “libel tourism.”(As a general matter, the SPEECH Act prohibits a U.S. federal or state court from recognizing or enforcing a foreign defamation judgment unless the foreign jurisdiction’s defamation law provided at least as much protection of freedom of speech and press as the U.S. Constitution, as well as the constitution and laws of the state in which the court is located.  The SPEECH Act further prohibits U.S. courts from recognizing or enforcing a foreign defamation judgment against the provider of an “interactive computer service,” as defined in <a href="http://www.law.cornell.edu/uscode/text/47/230">Section 230</a> of the Communications Decency Act (CDA), unless such court determines that the judgment would be consistent with Section 230 if the relevant information had been provided in the U.S.)A website operator is not considered to have editorial control over material published on its site if the operator did not post the material, even if the operator moderates statements published by others.  This is consistent with the approach taken in <a href="http://www.legislation.gov.uk/ukpga/2013/26/section/5/enacted">Section 5</a> of the UK’s new <a href="http://www.legislation.gov.uk/ukpga/2013/26/contents/enacted">Defamation Act 2013</a>, which provides that a website operator’s defence of not having posted defamatory material will not be defeated merely because the operator has moderated a statement posted by others.“Micro-Businesses” and the Small Blog Exemption<a href="http://www.legislation.gov.uk/ukpga/2013/22/schedule/15/enacted">Schedule 15</a> of the Crime and Courts Act 2013 states that a person who, in carrying out a “micro-business,” publishes news-related material which is either (i) contained in a multi-author blog (a blog that contains contributions from different authors) or (ii) published on an incidental basis that is relevant to the main activities of the business, will not be classified as a relevant publisher for purposes of the Act.  “Micro-businesses” are defined as those with fewer than 10 employees and an annual turnover of less than £2 million.Note, however, that a publication that is exempt from the Act as a micro-business could still choose to join the regulatory system and receive the legal benefits otherwise only available to relevant publishers—benefits that include cost protection if a claimant chooses to sue in court instead of using the regulator’s arbitration scheme.DCMS has created the following <a href="http://www.flickr.com/photos/thedcms/8663308157/">infographic</a> for use in determining whether or not a publication is a relevant publisher:Image by <a href="https://www.gov.uk/government/organisations/department-for-culture-media-sport">DCMS</a> via <a href="http://creativecommons.org/licenses/by-nd/2.0/">Creative Commons Attribution-NoDerivs 2.0 Generic (CC BY-ND 2.0)</a> license.Other ExemptionsSchedule 15 also specifies other categories of publications which are exempt from the new system, even when the test for relevant publishers is met.  These exemptions cover special-interest titles, scientific or academic journals, broadcasters and book publishers, as well as any public body, charity or company that publishes news about their activities.

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New UK Press Self-Regulation – With a Small Blog Exemption

New UK Press Self-Regulation – With a Small Blog Exemption

Following concerns raised by bloggers, the UK government has clarified that small blogs will be exempt from the scope of the new UK press watchdog which is to b