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Social Listening – Are You Ready?

One of the keys to a successful social media presence for businesses is real-time engagement and quick response times. “Social listening” can help businesses tap into consumer sentiment in order to engage with their audience effectively and to elevate their brands. What is social listening? Social listening constitutes tracking conversations on social media that mention … 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

Who owns your Instagram content?

You do (at least as between you and Instagram—your employer may have ownership rights in certain situations)!  Instagram does not claim ownership of any content that you post. You do grant Instagram very broad license rights:  a non-exclusive, fully-paid and royalty-free, transferable, sub-licensable, worldwide license to use content that you post. This license grant means … 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

Introducing our Social Media Glossary of Terms

Norton Rose Fulbright’s Social Media Law Bulletin is proud to offer a Glossary of Terms listing various terms attributed to social media issues. The Glossary includes links to our respective blog posts on the terms. Take a look at our Glossary Section for more information and a list of these terms.… Continue reading

WhatsApp your contract

“This post discusses an interesting case in South Africa involving contract amendments via e-mail and other electronic platforms.” A recent court decision, Spring Forest Trading v Ecowash, potentially allows contracting parties to sign their contracts by way of a data message (which includes emails and other communication platforms such as WhatsApp, BBM and social media) by … 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

Yelp! survives complaint of extortion

Does a web site’s manipulation of publicly available positive and negative reviews rise to the level of extortion?  In a September 2, 2014 opinion, the Ninth Circuit said not necessarily.  In affirming the district court’s dismissal, the Ninth Circuit in Levitt v Yelp, No. 11-17676, stated that “unless a person has a preexisting right to … 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: What happens to your account when you die?

Will you instruct your executor to memorialise or close your Facebook account or will you sign up to DeadSocial to post goodbye messages posthumously? The US government has created guidelines for dealing with your digital afterlife. It also provides a template social media will. The US government’s first guideline is to read the terms and privacy policies of the various social … Continue reading

No Secret in Brazil

The popular social networking app “Secret” has reportedly been temporarily enjoined in Brazil. A civil court in Brazil ordered both Google and Apple to remove Secret from their respective app stores, and to pull the apps from the phones of their users. In its opinion, the Brazilian court raised concerns that Secret’s anonymity feature can … 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

Introducing our social media Glossary of law

Norton Rose Fulbright’s Social Media Bulletin is proud to offer a Glossary of Law describing various statutes involved in social media issues. The Glossary includes links to our respective blog posts on the statutes. Take a look at our Glossary Section for more information and a list of these statutes. Seth Jaffe (seth.jaffe@nortonrosefulbright.com / +1 713 651 … Continue reading

eDiscovery and private social media accounts

The United States District Court for the District of Kansas recently clarified the scope of discoverable information from private social media accounts. In Stonebarger v. Union Pacific Corp., a wrongful death case where plaintiffs were seeking to recover damages for the deaths of two individuals killed in a collision, the defendants requested two types of … Continue reading

A Retrospective of Social Media Law Blog

It’s been a full year since we launched the Social Media Law blog, and we thought it was a good time to take a moment to review: General Counsel use of social media continues to grow at an impressive rate Our Social Media Law blog has had visitors from 15 countries around the world The … Continue reading

Social media part 3: leveraging social media data analytics to improve M&A

Twitter, Facebook, YouTube, Instagram, Pinterest, LinkedIn, Google+,Tumblr, Slideshare… The catalogue of popular social networking sites continues to grow as more and more consumers – both individual and corporate – sign-up by the millions. But how can social media be used to bolster M&A? In addition to the fairly obvious answer that social media can be … Continue reading

Social media part 2: the proof is in the data analytics

Part 1 of our series on social media looked at how new technologies have started infiltrating the M&A landscape. But the question we aim to answer here is: to what end? A recent article in the Wall Street Journal considered just that, noting that new technologies – and specifically data analytic technologies – can be used at various stages throughout the … Continue reading

Social media part 1: how technology is changing M&A

Earlier this year, the MIT Sloan Management Review published a research report summarizing the findings of its global executive study on social business. The study canvassed 2,545 respondents from 25 industries and 99 countries, all of whom were involved in corporate development decisions at their respective organizations. The aim of the study was to determine how new technologies have … Continue reading

$7.2M Pinterest Verdict Highlights Cyber- squatting Risks

For an increasing number of startup ventures—particularly ventures with an integral online presence—protecting the intellectual property of the entity extends beyond agreements and legal filings. Protecting the assets of a venture may require a preemptive domain strategy against cybersquatters. Cybersquatters are individuals who register domain names that are similar to a legitimate company’s domain and frequently … Continue reading

OpenID

OpenID is an third-party identification protocol that allows users to log on to multiple websites with only one username and password.  Users register with one OpenID website, called an Identity Provider.  The user can then log on to any website that accepts OpenID using the identity from the provider.  The “OpenID Acceptor,” as it is … Continue reading
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