Socially Aware

March 12, 2018 - First Amendment, Protected Speech, Privacy, Online Contracts, Copyright, Defamation, Compliance, IP, Litigation
Social Links: Inline link to tweet with photo could constitute copyright infringement; proposed California legislation could restrict website operators’ efforts to have minors consent to terms of use
By: Aaron P. Rubin
In a decision that has generated considerable controversy, a federal court in New York has held that the popular practice of embedding tweets into websites and blogs can result in copyright infringement. Plaintiff Justin Goldman had taken a photo of NFL quarterback Tom Brady,
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March 08, 2018 - Privacy, Cloud Computing, Litigation
U.S. v. Microsoft Leaves SCOTUS Between a Rock and a Hard Place
In February the U.S Supreme Court heard oral arguments in United States v. Microsoft. At issue is Microsoft’s challenge to a warrant issued by a U.S. court directing it to produce emails stored in Ireland. With implications for government investigations, privacy law, and multi-national tech
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February 07, 2018 - Class Actions, Data Security, Privacy, Litigation
Amended California Law Expands Requirements for Consumer Subscriptions
By: Anthony M. Ramirez and Julie O'Neill
Companies that offer services, whether online or offline, to consumers on a subscription or other automatic renewal basis should be aware that such offers are heavily regulated at both the federal and state levels. A recent amendment to Section 17602 of California’s Business and
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January 09, 2018 - Copyright, Discovery, Litigation
Anonymous Internet Users Beware: New Presumption in Favor of Unmasking the Losing Anonymous Defendant
By: J. Alexander Lawrence
Following a recent decision from the Sixth Circuit, anonymous bloggers and other Internet users who post third-party copyrighted material without authorization have cause for concern. They may be unable to preserve their anonymity. In Signature Management Team, LLC v. John Doe , the majority
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January 04, 2018 - Advertising, Blockchain, Internet of Things, Patent, European Union, Privacy, UK, Copyright, Section 230 Safe Harbor, IP, Litigation
2018: Predictions From Socially Aware’s Editors and Contributors
By: Aaron P. Rubin
Happy 2018 to our readers! It has become a Socially Aware tradition to start the New Year with some predictions from our editors and contributors. With smart contracts on the horizon, the Internet of Things and cryptocurrencies in the spotlight, and a number of
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November 14, 2017 - Cloud Computing, Compliance, Litigation
Foreign Cloud-Based Service Providers May Be Subject to Personal Jurisdiction in the United States
By: J. Alexander Lawrence
Following a recent U.S. district court’s ruling, foreign companies operating cloud-based services may find themselves subject to federal long-arm jurisdiction under the Federal Rules of Civil Procedure 4(k)(2), even if they have no physical presence in the United States. In reaching its decision, the
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August 17, 2017 - DMCA, User-Generated Content, Copyright, IP, Litigation
Could the Use of Online Volunteers and Moderators Increase Your Company’s Copyright Liability Exposure?
With over one billion websites on the Internet, and 211 million items of online content created every minute , it should come as no surprise that content curation is one of the hottest trends in the Internet industry. We are overwhelmed with online content,
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August 08, 2017 - E-Discovery, Litigation
Digital Age Expands Communication but Creates Discovery, Litigation Pitfalls
By: Carrie H. Cohen
E-mails. Text messages. Instant messages. Social media. The digital age has given birth to powerful new ways to communicate that have transformed how we live and conduct business. But the proliferation of communication options has come with increased exposure to claims in litigation of
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August 04, 2017 - First Amendment, European Union, Influencer Marketing, Antitrust, Defamation, Free Speech, Litigation
Social Links: Can media companies be liable for their talents’ social media posts?; a trade group for social influencers; a potentially dangerous Snapchat update
By: Aaron P. Rubin
A defamation suit brought by one reality television star against another—and naming Discovery Communications as a defendant—could determine to what extent (if any) media companies may be held responsible for what their talent posts on social media. In a move characterized as setting legal
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June 13, 2017 - Class Actions, E-Commerce, Terms of Use, Litigation
E-tailers Rejoice as Decisions Limit Suits in Federal Court for Alleged Violations of N.J.’s Controversial Consumer Protection Law
Last year, this blog raised concerns regarding the TCCWNA, its growing popularity with plaintiffs’ lawyers and the implications for online retailers. At a high level, the TCCWNA is a New Jersey consumer protection law that focuses on contractual terms (including online terms of service)
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Topic Archives: Litigation

Social Links: Inline link to tweet with photo could constitute copyright infringement; proposed California legislation could restrict website operators’ efforts to have minors consent to terms of use

By: Aaron P. Rubin

U.S. v. Microsoft Leaves SCOTUS Between a Rock and a Hard Place

Amended California Law Expands Requirements for Consumer Subscriptions

By: Anthony M. Ramirez and Julie O'Neill

Anonymous Internet Users Beware: New Presumption in Favor of Unmasking the Losing Anonymous Defendant

By: J. Alexander Lawrence

2018: Predictions From Socially Aware’s Editors and Contributors

By: Aaron P. Rubin

Foreign Cloud-Based Service Providers May Be Subject to Personal Jurisdiction in the United States

By: J. Alexander Lawrence

Could the Use of Online Volunteers and Moderators Increase Your Company’s Copyright Liability Exposure?

Digital Age Expands Communication but Creates Discovery, Litigation Pitfalls

By: Carrie H. Cohen

Social Links: Can media companies be liable for their talents’ social media posts?; a trade group for social influencers; a potentially dangerous Snapchat update

By: Aaron P. Rubin

E-tailers Rejoice as Decisions Limit Suits in Federal Court for Alleged Violations of N.J.’s Controversial Consumer Protection Law