Susan Ross (US)

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Celebrity Endorsements, Cryptocurrencies, and Initial Coin Offerings

Our readers may recall that 2017 brought warning letters from the U.S. Federal Trade Commission to celebrities who had posted some photos on Instagram and the FTC has recently taken action regarding some undisclosed “material connections.”  A post on our sister blog, Regulation Tomorrow, describes the U.S. Securities & Exchange Commission’s recent warnings about celebrity … Continue reading

Social Media Evidence and Pay-Per-View TV

We have previously written about social media posts and advertisements being used as evidence in a variety of legal cases (most recently, a post relating to emojis).  A federal court in Pennsylvania recently used two social media advertisements—from a source the court could not identify—as evidence to support a finding of “willfulness” and to award … Continue reading

FTC and Social Media Influencer Endorsements

On September 7, 2017, the U.S. Federal Trade Commission (FTC) announced that it had entered into a proposed consent agreement with two individuals and their company that allegedly ran an online gaming community website that allowed users to gamble virtual currency.  According to the FTC complaint, the two individuals promoted the gaming site and not … Continue reading

Personal Brands, Social Media, and the Lanham Act

On July 14, 2017, a federal trial court ruled on an interesting issue: could models and actresses, whose popularity on social media was a strong factor in determining their earning capacities, maintain a lawsuit under the Lanham Act against a “swingers club” that used their photos without consent?  In a case where social media played … Continue reading

FTC, Instagram Posts, and Endorsement Guides

On May 4, 2017, the public received access to the U.S. Federal Trade Commission’s (FTC) advisory letters to approximately 45 companies and 45 celebrities/bloggers relating to potential “endorsements” on Instagram.  As a result, we now have some additional guidance on the FTC’s expectations with respect to its Endorsement Guides.… Continue reading

Social Media, Age, and the Entertainment Industry

Can a state law prevent a social media site from publicly posting accurate age information about individuals in the entertainment industry—even if that information is posted by users? The California legislature and Governor believed it was permissible, and the legislation went onto effect on September 24, 2016 (Cal. AB 1687, adding Cal. Civ. § 1798.83.5).  … Continue reading

Social Media, Copyright, and Blockchain

Social media has changed how people and companies interact and has provided us with some technological innovations that have raised copyright issues. In an effort to keep our readers informed of some recent developments involving social media, we wanted to provide some background relating to some headlines combining social media, copyright, and blockchain, and we … Continue reading

Are your social media followers/fans/members authentic?

We have previously written on social media account verification for businesses, in order to help customers deal only with the authentic brand.  But what about authenticating your social media followers/users/fans/members? Unfortunately, there are currently “no methodologies available that would provide us with an exact number of non-actual member types of accounts,” according to LinkedIn’s 10-K … Continue reading

In case you missed it – ICYMI

The digital world moves fast. To get you up to speed, we have compiled a quarterly recap of our five most popular social media blog posts from the Social Media Law Bulletin and the post that is currently trending. From questions ranging from “Is my SnapChat really deleted?” to “Can I tell my employee to … 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

We’re back, with our top five social media stories of 2015

The Social Media Law Bulletin is back! The ongoing interest of our readers as well as the increasing impact of social media led us to re-launch the Social Media Law Bulletin. We will be bringing you coverage of one or two items approximately each week, but in the meantime, we thought we would give you … Continue reading

To our Social Media Law Bulletin subscribers

Our Social Media Law Bulletin team has been contributing articles on legal issues in social media since 2012. The blog has gained a reputation for timely and substantive content. We appreciate your interest and the topical discussions that have resulted from the blog. As of March 6, 2015, however, the social media blog will become … Continue reading

Guidelines relating to social media

In addition to laws and regulations, as well as the terms and conditions posted by the social media sites themselves, regulators and trade associations sometimes offer companies guidance to help them comply with requirements, best practices, and principles. Norton Rose Fulbright’s Social Media Law Bulletin is proud to offer a Glossary of Guidance documents listing various … Continue reading

Don’t tell bloggers about NAD wins

If a company sues a competitor about an advertisement that the company believes is false or misleading about the company’s product, a court victory is frequently cause for a press release, as well as announcements on social media and to bloggers.  When the complaint is made to the National Advertising Division (NAD) of the Council … Continue reading

Social Media Accounts After Death – Delaware’s New Law

After January 1, 2015, individuals whose wills are governed by Delaware law can have their digital assets and digital accounts accessed and controlled by their personal representatives of their estates, courtesy of a new Delaware law.  Modeled on the uniform model Fiduciary Access to Digital Assets Act, the Delaware law vests the decedent’s personal representative … Continue reading

A new addition to Norton Rose Fulbright’s blog network – Regulation Tomorrow

Our readers are probably familiar with our various blogs, which are listed at the bottom of this page. We are pleased to announce that the Financial Services:  Regulation Tomorrow blog has just gone international. Readers from Australia, Canada, the EU and UK, and the US will find financial services postings specific to their countries as … 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

Snapchat and Maryland Attorney General

We had previously written about the U.S. Federal Trade Commission’s proposed complaint and consent with mobile messaging service Snapchat, best known for promoting its “ephemeral” photo messaging site. The FTC alleged the Snapchat violated the Federal Trade Commission Act through six false or deceptive acts or practices, including Snapchat’s claim that messages can “disappear forever.” … Continue reading

Online abuse

We have previously written about the difficulties that businesses can encounter when trying to get a posting removed from a social media site. We have also previously covered several matters relating to the special online protections legislators have created for children (e.g., COPPA). These two areas combined in a local law passed by Albany, New York … Continue reading
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