On September 28, 2023, a federal trial court in Texas ruled that an advertisement on a restaurant’s social media accounts helped support an award of punitive damages against the restaurant. G&G Closed Circuit Events, LLC v. No Te Levantes Honey
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Canadian Radio-television and Telecommunications Commission updates Canada’s broadcasting framework
In a previous blog post, we covered the impact of Bill C-11 and how the proposed legislation would regulate social media and streaming companies in Canada. In spring 2023, Bill C-11 received Royal Assent, becoming the Online Streaming Act…
Electric cooperative, internet service, and social media
On July 14, 2023, a federal trial court in Oklahoma ruled on an electric cooperative’s motions to dismiss various breach of contract, trade secret, deceptive trade practices, and tortious interference claims brought by its former business collaborator, an internet service…
Update on Bill C-18: Digital media platforms respond to legislation receiving royal assent
In a previous blog post, we covered Bill C-18 (Online News Act) and how this proposed legislation would require digital media platforms to compensate news outlets when reproducing or otherwise facilitating access to their content. At the time…
Pitfalls of crowdsourced legal services from social media platforms
Common diatribes levied against the market for legal services typically take aim at the hourly fees, the complexity of the justice system, and the exclusivity of bona fide legal advice as a covetous but inaccessible resource. Access to legal services…
Misappropriation of confidential information
On February 8, 2023, a federal trial court in New Jersey ruled that login credentials were a trade secret and also addressed the concept of “misappropriation of confidential information,” in a case where one party was accused of locking the…
Who owns the content created by ChatGPT?
Suppose you decided to use ChatGPT to create your next social media post. Who owns the content? You do! (Or your employer in certain situations)
According to the OpenAI terms of use, OpenAI assigns to you all right, title…
Marketing in the Metaverse facing regulatory limbo
The metaverse is an elusive concept, but can be broadly described as a rapidly growing extension of the tendrils of the internet, redefining what constitutes social media. As an ever-growing and immersive network of technologies, the metaverse attempts to close…
Influencer’s location = jurisdiction for tortious interference case
On August 5, 2022, a federal trial court in Ohio ruled that the location of a social media influencer meant that jurisdiction was proper for a tortious interference with contract lawsuit brought against the influencer and alleged interferers, even though one of the defendants had only been to Ohio once, five years ago. EHPLabs Research, LLC, v. Smith, No. 5:22CV0653 (N.D. Ohio, Aug. 5, 2022) (2022 WL 3139604). Although the matter is at the motion-to-dismiss stage, it provides some good takeaways for anyone entering into arrangements with social media influencers.
Will the High Court tackle social media regulation next term?
Recently, our posts have discussed the rising call to reform Section 230 of the federal 1996 Communications Decency Act. Now, a controversial Florida Bill provides an opportunity for the Supreme Court to take up social media regulation on First Amendment grounds, potentially avoiding Section 230 reform.