Susan Ross (US)

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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

US Federal Trade Commission to see Snapchat for 20 years

On May 8, 2014, the US Federal Trade Commission (FTC) proposed for public comment its draft complaint and consent with mobile messaging service Snapchat, best known for promoting its “ephemeral” photo messaging site. (See our previous posting here.) The FTC’s complaint claimed that Snapchat violated federal law (Section 5 of the FTC Act) with the … Continue reading

Contests on Pinterest and other social media; pin = endorsement

Companies frequently try to engage customers through social media in a variety of ways, including contests that involve photos of the companies’ products and brands. Fashion design company Cole Haan was investigated by the Federal Trade Commission (FTC) regarding a contest that asked contestants to pin five shoe photos from Cole Haan’s “Wandering Sole” Pinterest … Continue reading

Online v. Offline Agreements: Braverman v. Yelp

A New York state trial court recently ruled in a long-running dispute between a cosmetic dentist and Yelp, the online consumer review site. Braverman v. Yelp, Inc., No. 158299-2013 (N.Y. Sup. Ct. Feb. 24, 2014). The dentist originally complained that Yelp had defamed him by permitting negative reviews about him to appear on Yelp’s site.  That claim … Continue reading

Minors’ credit card purchases

If your social media page permits a user to purchase goods or services from you, a December 20, 2013 ruling from the Northern District of California may be of interest. The case involves minors using their parents’ credit cards without authorization (in 2011) in order to purchase several hundred dollars’ worth of Facebook Credits.I.B. v. … Continue reading

Employees and DMCA “Safe Harbor”

Any employer with a web site or social media page that invites users to provide content will probably be interested in a September 18, 2013 case from the U.S. District Court for the Southern District of New York involving Capitol Records and video-sharing site Vimeo. Capitol Records, LLC v. Vimeo LLC, No. 09 Civ. 10101 (RA) … Continue reading

Facebook not permitted to be sole means of service

We previously covered a court ruling that the Federal Trade Commission was permitted to supplement actual service of a complaint with Facebook service. “Service of Process Via Facebook,” Apr. 4, 2013. On July 9, a federal trial court in Kansas faced the issue of whether service via Facebook was acceptable as the sole means of service … Continue reading

Social Media Service, Minors, and Photos

On July 10, 2013, U.S. Representative John Duncan (R-Tenn.) and co-sponsor Ileana Ros-Lehtinen (R-FL) introduced H.R. 2645, the “Forbidding Advertisement Through Child Exploitation Act of 2013.” The stated purpose of this short bill is to “prohibit providers of social media services from using self-images uploaded by minors for commercial purposes.” Under the bill, a “social … Continue reading

YouTube Class Action

On May 15, 2013, a federal district court denied the plaintiffs’ motion for class action certification in a case involving YouTube. The Football Ass’n Premier League Ltd et al v. YouTube Inc., No. 1:07-cv-03582 (S.D.N.Y. May 15, 2013). We had previously covered the case involving Viacom’s lawsuit against YouTube, where the same district court ruled, on … Continue reading

Viacom v. YouTube

On April 18, 2013, a federal district court judge again granted summary judgment in favor of YouTube in a copyright infringement lawsuit originally filed by Viacom, Paramount Pictures, and others in 2007. Viacom Int’l Inc. v. YouTube, Inc., No 1:07-cv-02103-LLS (S.D.N.Y. Apr. 18, 2013). The plaintiffs had claimed that YouTube had infringed their copyrighted movies, television … Continue reading

Service of process via Facebook

On March 7, 2013, the Southern District of New York ruled that the Federal Trade Commission (“FTC”) could serve foreign defendants via Facebook and e-mail in connection with a case where the FTC charged defendants with a violation of U.S. law relating to deceptive conduct.[1] According to the FTC, the underlying complaint related to an … Continue reading

Amending Social Media Site User Agreements

Many companies are joining various social media sites, but how many sites’ user agreements conflict with companies’ policies and requirements? It may be simpler for a government agency to join a social media site than a corporation, thanks to the U.S. General Services Administration (“GSA”).  The GSA, representing federal government agencies, has negotiated amendments to … Continue reading

Twitter Follower Case Settled

Social media has led to some new forms of intellectual property, including the “Twitter follower” (a registered user of microblogging site Twitter that is interested in the postings of another user and that other user permits him/her to receive those postings automatically). A case that might have brought some clarity to the question of the value … Continue reading

Facebook Information: Privacy v. Discovery

When can a party to a lawsuit get access to another party’s Facebook-posted materials for discovery purposes without violating privacy rights? On November 14, 2012, New York’s Appellate Division ruled on that question in an auto accident/personal injury matter involving two plaintiffs. See Richards v. Hertz Corp., No. 2011-02807 (N.Y. App. Div. Nov. 14, 2012. … Continue reading
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