Caleb Segrest (US)

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The Right to Write

Photo of Caleb Segrest (US)By Caleb Segrest (US) on Posted in General
How important are online reviews in your shopping experience? Many rely heavily on consumer reviews in order to generate business. But what happens when instead of providing customers the candid information that they deserve, companies try to silence their critics in order to improve their online reputation? In recent years, companies selling products and services … Continue reading

Monkeying around on social media could land you with a defamation suit

Photo of Caleb Segrest (US)By Caleb Segrest (US) on Posted in Defamation
As a wise person once said, truth often is stranger than fiction. The US Court of Appeals for the Fourth District of Texas (the “Appellate Court”) recently decided Hosseini v. Hansen, a bizarre case involving the intertwining of a tax preparation business, primate trainers and enthusiasts, and a defamation claim. Despite the unique factual circumstances, … Continue reading

Update: U.S. State Department to collect visa applicants’ social media information

Photo of Caleb Segrest (US)By Caleb Segrest (US) on Posted in General
In a previous post, we addressed efforts by the Department of Homeland Security to collect certain information relating to immigrants’ use of social media for record-keeping and tracking purposes. Subsequently, on March 30, 2018, the State Department released a notice of a proposed rule that would require the collection of social media information in connection … Continue reading

Update: social media and the Anti-Terrorism Act

Photo of Caleb Segrest (US)By Caleb Segrest (US) on Posted in General
We have previously written about the United States District Court for the Northern District of California’s (the “District Court”) dismissal of the plaintiffs’ complaint in Fields v. Twitter, Inc. We are back to provide an update after the case made its way to the United States Court of Appeals for the Ninth Circuit (the “Appellate … Continue reading

U.S. Department of Homeland Security to collect immigrants’ social media data

Photo of Caleb Segrest (US)By Caleb Segrest (US) on Posted in Security
The United States Department of Homeland Security (“DHS”) published, on September 18, 2017, in the Federal Register, a notice that it would begin collecting certain information relating to immigrants’ use of social media as part of the National File Tracking System of Records. Since 1944, so-called Alien Files have been the official record system of … Continue reading

Legal Implications of Emoji Use

Photo of Caleb Segrest (US)By Caleb Segrest (US) on Posted in Litigation
Emoticons – the often whimsical hieroglyphics that most so affectionately know as “emojis” – have become ubiquitous in modern digital communication not only by individuals but also by corporations as part of their advertising and marketing campaigns on social media. Emojis have also begun appearing as evidence in court cases. A short, but fascinating, discussion … Continue reading

Use of Twitter to Broadcast Courtroom Proceedings

Photo of Caleb Segrest (US)By Caleb Segrest (US) on Posted in Litigation, Social media policies
In 2017, the Indiana Commission on Judicial Qualifications (the “Commission”) issued an advisory opinion that the conveyance of information via microblogging platforms, such as Twitter, does not constitute prohibited “broadcasting” under Rule 2.17 of the Code of Judicial Conduct. Under Rule 2.17, judges are required to prohibit the broadcasting of courtroom proceedings to the public … Continue reading

Tort claims may be adapting to a world of social media

Photo of Caleb Segrest (US)By Caleb Segrest (US) on Posted in General
The United States District Court for the Southern District of New York ruled, on January 18, 2017, on a defendant’s motion to dismiss replevin, conversion, and trespass claims related to the misuse of various domain names and social media accounts.  Salonclick LLC d/b/a Min New York , 16 Civ. 2555 (KMW), 2017 WL 239379 (S.D.N.Y. Jan. … Continue reading

President Obama signs the “Consumer Review Fairness Act of 2016”

Photo of Caleb Segrest (US)By Caleb Segrest (US) on Posted in Defamation
On Thursday, December 15, 2016, President Obama signed into law H.R. 5111, now officially titled the “Consumer Review Fairness Act of 2016.” The substantive provisions of the bill, which we discussed in a previous post, are virtually unchanged, but the law’s text provides further details regarding enforcement by the Federal Trade Commission and the states. … Continue reading

U.S. House takes steps to protect consumers’ rights to post negative reviews

Photo of Caleb Segrest (US)By Caleb Segrest (US) on Posted in Defamation
We have all seen the reviews of products or services that disgruntled consumers post on review sites such as Yelp. Lately, however, some consumers have faced lawsuits for violating “gag orders,” or non-disparagement clauses, found in agreements between businesses and consumers. These clauses restrict consumers’ ability to publish any negative criticism about their experiences and … Continue reading

Did Twitter violate Anti-Terrorism Act by providing ISIS accounts?

Photo of Caleb Segrest (US)By Caleb Segrest (US) on Posted in General, Litigation
On August 10, 2016, the United States District Court for the Northern District of California, in Fields v. Twitter, Inc., dismissed the plaintiffs’ complaint against Twitter with leave to amend. The plaintiffs’ complaint arose out of the deaths of Lloyd Fields, Jr. and James Damon Creach, two United States government contractors who were working at … Continue reading

Discovery Challenges of Social Media

Photo of Caleb Segrest (US)By Caleb Segrest (US) on Posted in Litigation
Social media has created several complications with regard to the U.S. discovery process in litigation. Among these complications are issues relating to (i) seeking out and turning over vast amounts of social media information, and (ii) preserving inherently fleeting social media information.… Continue reading

Crowdfunding: Advertising an offering’s terms on social media

Photo of Caleb Segrest (US)By Caleb Segrest (US) on Posted in General
Background The Securities and Exchange Commission (“SEC”) adopted the final rules of Regulation Crowdfunding (the “Regulation”) on October 30, 2015. While the final rules have been adopted, they do not become effective until May 16, 2016. The Regulation is meant to expound upon Sections 4(a)(6) and 4A of the Securities Act of 1933 (the “Act”), … Continue reading
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