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Of Platforms and Permissions: Legislation Seeks to Simplify the Menu in Regard to Restaurants and Food Delivery Services

Many restaurants that do not like food delivery platforms delivering their food will have their concerns addressed by a new California law enacted on September 24, 2020. AB-2149, known as the Fair Food Delivery Act of 2020,...more

Social Media Posting, Copyright Infringement and the Rights Balancing Act

In a recent social gathering, your friends took a number of photos and circulated it to the group. You see that one shot by a friend is a particularly great photo of you. You repost to your social media account to share with...more

Protecting Elections: Regulating Deepfakes in Politics

The 2020 election will be unprecedented in many respects. More people will be voting by mail, and there will likely be more democratic participation online than ever before....more

California ABC and TTB Provide Guidance to Wineries on Virtual Tastings

As many of us venture into our third month of sheltering in place, businesses have been forced to be creative in their operations despite the many restrictions....more

Intellectual Property Sharing in Response to COVID-19

As the COVID-19 outbreak continues its spread across the globe—resulting in more than four million infections worldwide and thousands dying of the virus every day, a growing community of scientists, software developers,...more

COVID-19, COPPA and the CCPA: Educators Face Privacy Questions as Students Move to Remote Learning

With the shelter-in-place orders imposed by the local and state governments, businesses are scrambling to transition to a virtual workforce and facilitating employees to work remotely from home. Educational institutions are...more

The FTC, Kidfluencers and the Looming Challenge of Child-Proof Disclosures

By now, most people know that advertising on social media requires certain disclosures so as to avoid the ire of the Federal Trade Commission (FTC), which is tasked with protecting consumers from fraudulent, deceptive and...more

CCPA, GDPR and the Future of Cross-Device Tracking

Efforts to regulate cross-device tracking have increased since we last addressed the topic in 2017, following the release of the FTC’s Staff Report. ...more

Hashing Out the Differences: Hashtag-Powered Promotion or Trademark Infringement?

In today’s world, most businesses use hashtags to boost their brand awareness and products and services on social media platforms such as Twitter, Facebook, Instagram and LinkedIn....more

On Baseball, Bobbleheads and … Blockchain?

With the World Series upon us, here in Los Angeles, all eyes are on the Dodgers, who are in the hunt for their first championship trophy since 1988, a year best remembered for its epic mustaches and Kirk Gibson’s cinematic,...more

Keeping a Handle on Social Media Management by Employees

We often write about the benefits and pitfalls of social media usage. As companies and big businesses employ social media as an advertising mainstay, one pitfall we frequently encounter is the failure to properly manage a...more

When Do the Perils of Programmatic Advertising Undermine Its Value?

#FakeNews is hurting more than political campaigns. Companies’ hard-earned reputations may be on the line when their ads pop up next to fake news stories and offensive YouTube videos....more

Boeing Decision Forges New Balance Between NLRA Rights and Social Media Policies

Under Section 7 of the National Labor Relations Act (NLRA), all employees have a right to engage in protected concerted activity, even if they are not unionized. Such activities include those performed for the mutual aid or...more

Can a Software Developer Copyright the Output of Its Software?

As technology becomes increasingly advanced and complex, it seems that a new software emerges every day to perform some novel function. Whether it is computer generated imagery (CGI) or deciphering a code in a bible, software...more

Stumbling “Blocks”: When Is Social Media Moderation a First Amendment Violation?

As we previously discussed in our post “The ‘Commander-in-Tweet’ and the First Amendment,” the POTUS was criticized by the Knight First Amendment Institute for blocking certain Twitter users from his @realDonaldTrump account....more

The “Commander-in-Tweet” and the First Amendment

Can you violate the First Amendment by blocking people from your Twitter account? According to the Knight First Amendment Institute, it’s possible if that account is @realDonaldTrump. As we have mentioned before, Donald...more

Internet Vino Veritas: Rules and Guidelines for Social Media Efforts Related to Alcohol Sales

Every day, businesses extend more of their services to the internet in an effort to cater to millennials and upcoming generations of consumers. Those in the wine industry are no exception. Though somewhat slow to adopt online...more

The Freedom to Yelp: Congress Curbs ToS Overreach

Worried about a company retaliating against you when you post a negative review on Yelp or TripAdvisor? Worry no longer because Congress has your back. Last week, Congress passed a law that will make it illegal for companies...more

The Freedom to Yelp: Congress Curbs ToS Overreach

Worried about a company retaliating against you when you post a negative review on Yelp or TripAdvisor? Worry no longer because Congress has your back. Last week, Congress passed a law that will make it illegal for companies...more

When It Comes to the DMCA, a Red Flag Becomes Harder to Fly

It is unlikely that when Stephanie Lenz posted a home video of her children dancing to Prince’s “Let’s Go Crazy” on YouTube, she could have anticipated that, nearly a decade later, she would be seeking U.S. Supreme Court...more

Murky Media: How Companies and Celebrities May Fall Short of the FTC’s “Clear and Conspicuous” Standard

Social media has become a must-have medium for most companies and celebrities. The medium provides an easy, inexpensive and instantaneous connection to customers and fans. However, as social media marketing continues to...more

Should Social Media Have a Role in Mergers and Acquisitions?

Social media is quickly becoming the way that companies present and market themselves to the world. Companies are also realizing the value social media provides in an easy conduit to communicate with customers. But the same...more

Beacons, Basketball and the App that Hears Too Much

What are the privacy limits when users give permission for an app to access their smartphone’s microphone? A purported class action filed last week by LaTisha Satchell (a New York resident) against the Golden State Warriors...more

Pokémon Go Ushers in a New, Augmented World of Legal Liability Concerns

We predicted last year that 2016 would be the year of Pokémon. This prophecy came true last week within just two days of the Pokémon Go launch. The location-based augmented reality mobile game/app quickly surpassed Tinder in...more

Warner Bros.’s “Paid to Play” Disclosures Draw FTC Action

Earlier this year, the Federal Trade Commission (FTC) went after Warner Bros. Home Entertainment Inc. for not clearly representing that several digital influencers were paid as part of a marketing campaign for the video game...more

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