Tag archives: Social media

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

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

Unemployment Benefits Lost Over Social Media Post

Even when an employee is terminated for cause, it can be difficult to fight an employee’s claim for unemployment benefits. A September 2017 ruling from the Commonwealth Court of Pennsylvania may provide employers a new route to combat meritless unemployment claims. In most states, an unemployed individual may file for and receive unemployment benefits if … Continue reading

Social media: life after death?

Have you considered what you would like to happen to your social media accounts when you die? Where the platform gives you options, have you selected one? A while ago we wrote about what happens to your social media account when you die. Many platforms, including Facebook, Twitter, Instagram and LinkedIn have different policies about … Continue reading

Private social media posts can get you kicked out of university and worse

Each year Harvard University, one of the world’s most prestigious universities, receives over 30,000 applications from prospective students for about 2,000 places in its first year class. Recently, ten of those successful applicants, due to graduate in 2021, had their offers of admission revoked before they set foot onto campus.  The reason?  The content of … Continue reading

Chatbots: Some Legal Issues

What is a chatbot?  Essentially it is a computer program which simulates human behaviour online, including on social media. Chatbots are not a new concept but are becoming increasingly sophisticated in what they can do and how closely they can mimic human behaviour online, such that they are increasingly replacing humans in populating social media … Continue reading

Expert Witnesses May (Still) Be Used in U.S. Litigation to Explain Basic Social Media Use

On March 8, 2017, federal Judge Sidney Fitzwater, of the North District of Texas, issued a memorandum opinion and order in Charalambopoulos v. Grammer, No. 3:14-CV-2424-D, 2017 WL 930819. The case had already been in litigation for years and involved allegations of domestic violence and defamation.  According to earlier opinions issued in Charalambopoulos, the parties … Continue reading

Social media and insurance

The mining of social media and the use of big data (vast amounts of available internet data that can be analysed and exploited) by insurers to analyse consumer behaviour will change the face of insurance. The basic principles of insurance include the good faith sharing of information between insurer and insured, a pooling of good … Continue reading

Crowdfunding platforms and IP enforcement

In today’s world, intellectual property owners are well aware that social media users frequently post infringing content. Companies and brand owners have developed various strategies for enforcing their intellectual property rights on social media, utilizing methods such as demand letters and takedown requests. Often there are so many infringing uses that brand owners must be … Continue reading

Twitter and hate speech policy

This year seems to have started off in much the same way as 2016 ended. Celebrities, politicians, and everyday people have flocked to social media to provide their commentary on everything from global crises to envelope sagas. Towards the end of 2016, Twitter announced that no person is above their policies, particularly in respect of … Continue reading

NLRB Reviews and Approves Northwestern University’s Revised Football Handbook Social Media Policy

On January 1, 2017, the National Labor Relations Board (“NLRB”) released an advice memorandum (dated September 22, 2016) that reviewed and approved Northwestern University’s revised Football Handbook’s social media policy. The NLRB Office of the General Counsel, which prepared the advice memorandum, was asked to advise whether the university’s Football Handbook policies, including its social … Continue reading

Don’t congratulate #TeamCanada at #Rio2016: Olympic social media rules in Canada

With the Rio Olympics well underway, Canadian brands need to be aware of the “do’s and don’ts” of advertising and social media content involving the Olympics and Olympic athletes. The International Olympic Committee (IOC) and the Canadian Olympic Committee (COC) have long been aggressive in enforcing illicit use of the term “Olympics”, the five rings … Continue reading

Social Media Property Rights

The number of people using social media these days is staggering. For instance, Facebook has 1.65 billion monthly active users as of March 31, 2016. As such, the ability to reach such a broad consumer base through social media is becoming increasingly important to businesses. Companies are no doubt eager to create social media pages … Continue reading

Social Media and Potential Jurors

Social media profiles and postings by potential jurors can provide litigation counsel with substantial information about these individuals, including their likes, dislikes, and views on various issues and potential biases. A March 25, 2016 federal trial court ruling, however, led both parties to agree to forego these searches.… Continue reading

Social Media & IP Enforceability

Social media channels represent an exciting medium to reach out to the public and potential collaborators. Social media can also play an important role in helping generate positive buzz for organizations seeking to develop a market for their products or services.  For example, many of today’s companies gauge the depth of market interest in their … Continue reading

Social media: What happens to your account when you die?

Will you instruct your executor to memorialise or close your Facebook account or will you sign up to DeadSocial to post goodbye messages posthumously? The US government has created guidelines for dealing with your digital afterlife. It also provides a template social media will. The US government’s first guideline is to read the terms and privacy policies of the various social … Continue reading

No Secret in Brazil

The popular social networking app “Secret” has reportedly been temporarily enjoined in Brazil. A civil court in Brazil ordered both Google and Apple to remove Secret from their respective app stores, and to pull the apps from the phones of their users. In its opinion, the Brazilian court raised concerns that Secret’s anonymity feature can … Continue reading

Social media ads and physical injury

Can social media ads lead a court to hold a business responsible for a physical assault that occurred after the customer left the business’ premises?  On July 9, 2014, a federal trial court in Pennsylvania ruled in Paynton v Spuds that the restaurant’s marketing and ads on Facebook were a “significant” factor in denying the … Continue reading

Introducing our social media Glossary of law

Norton Rose Fulbright’s Social Media Bulletin is proud to offer a Glossary of Law describing various statutes involved in social media issues. The Glossary includes links to our respective blog posts on the statutes. Take a look at our Glossary Section for more information and a list of these statutes. Seth Jaffe (seth.jaffe@nortonrosefulbright.com / +1 713 651 … Continue reading

eDiscovery and private social media accounts

The United States District Court for the District of Kansas recently clarified the scope of discoverable information from private social media accounts. In Stonebarger v. Union Pacific Corp., a wrongful death case where plaintiffs were seeking to recover damages for the deaths of two individuals killed in a collision, the defendants requested two types of … Continue reading
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