Social Media and Jurisdiction under FRCP 4(k)(2

On August 27, 2021, the federal Ninth Circuit Court of Appeals ruled in an international trademark dispute where U.S. jurisdiction hinged on Federal Rule of Civil Procedure 4(k)(2).  Reversing the trial court, the Ninth Circuit ruled that personal jurisdiction existed over an Australian skin care product company, based in part on that company’s actions on … Continue reading

Twitter tests new Safety Mode

Twitter is testing a new safety feature aimed at reducing unwanted interactions. As explained in a Twitter Safety blog on 1 September 2021, Safety Mode temporarily blocks accounts (Author Accounts) found by Twitter’s artificial intelligence (AI) to be sending harmful or uninvited Tweets to a user (User). Author Accounts may be automatically blocked from interacting with a … Continue reading

Embedded Content: Copyright Infringement or Permissible Use Under the Server Rule?

The Southern District of New York recently considered whether the unlicensed embedding of a video originally posted to a social media platform constituted copyright infringement. The case, Nicklen v. Sinclair Broadcast Group, Inc., et al., No. 20-10300 (S.D.N.Y. July 30, 2021), concerned the re-posting of a copyrighted video of a starving polar bear, taken by … Continue reading

Promotional contests, sweepstakes, and giveaways: like, share, and follow the rule

Social media contests, sweepstakes, and giveaways have grown increasingly popular in the past few years and have become a common marketing strategy for businesses. From “like and share this post” to “tag five friends for extra entries,” contests allow businesses to promote their brand, generate leads, and engage with current and new customers. While it … Continue reading

Telemedicine ads limited by Facebook

As the telemedicine industry continues to grow, especially in light of COVID-19, businesses should reconsider their policies and procedures in connection with telehealth services and user safety. Notably, Facebook recently responded to the growing use of telemedicine by amending its policies with respect to advertisements by telemedicine companies for prescription drugs. The new policy, which … Continue reading

Proposed Canadian law to regulate social media companies and streaming giants

In late June of 2021, Members of Canada’s Parliament passed Bill C-10: An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts. The Bill proposes to subject social media platforms and streaming services, collectively described in the Bill as ‘online undertakings’, to requirements similar to those imposed on … Continue reading

Social media, trademark settlement, breach of contract, and “material” violations

If you entered into a trademark settlement agreement where one party agreed not to use your registered trademark and then that party proceeded to use a very similar term on social media, is that a “violation” or a “material violation” of the agreement?  The answer is important because it determines whether you can get summary … Continue reading

Social media and secondary liability

On June 16, 2021, the Fifth Circuit held that social media providers cannot be held secondarily liable under the Anti-Terrorism Act (“ATA”) for aiding and abetting a foreign terrorist organization based on an individual’s acts within the United States.   Plaintiff Retana, a victim of the July 2016 shooting committed by Micah Johnson (“Johnson”) in Dallas, … Continue reading

“Creator Codes” aim to create a kinder social media

As influencer marketing skyrockets in importance, social media companies have taken steps to make their platforms more attractive to this new wave of advertising. One way of making platforms attractive to both users and creators is to keep the platforms free of negativity. Negativity on social media has been a major reason for users to … Continue reading

Proposed California law to further limit settlement confidentiality

During May of 2021, the California Senate passed a law further prohibiting the use of broad confidentiality and nondisparagement provisions in agreements between a company and its employees. The new law expands on a 2018 law inspired by the #metoo movement, which banned settlement agreements preventing an employee from disclosing facts underlying claims for sexual … Continue reading
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