Susan Ross (US)

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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

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
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