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Tarter Krinsky & Drogin LLP

Waves of Lawsuits Hit Businesses Over Website Tracking Pixels

Websites are ubiquitous, and so are cookies and tracking pixels (a/k/a web beacons). A web browser uses cookies to store login details and preferences; the cookies also track and profile user behavior. When visiting a...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: May 2025

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Keypoint: In this post: (1) Standing may depend on how specific plaintiffs’ complaint is; (2) the 2d Circuit adopts the 3rd and 9th Circuit’s narrower interpretation of PII under the VPPA; (3) Promises in privacy policies not...more

Fox Rothschild LLP

Breaching Social Media Platforms’ Section 230 Shield

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Last month, the Ninth Circuit reeled back protections for digital media platforms on which scam ads are found. Calise v. Meta Platforms, Inc., 103 F.4th 732 (9th Cir. 2024) Section 230(c)(1) of the Communications Decency Act...more

Pillsbury Winthrop Shaw Pittman LLP

One to Watch: Has the Ninth Circuit Turned on Section 230?

Ninth Circuit precedent protects information service providers from liability arising from user-generated content, including when classifying user characteristics as part of platform design or providing neutral tools that...more

Wyrick Robbins Yates & Ponton LLP

One-Two Punch: Lessons from the Irish DPC’s WhatsApp Decision

2023 continues to be a busy year for European data protection authorities. Following its release of the Irish Data Protection Commission’s (DPC’s) binding decisions in cases against Facebook and Instagram, the European Data...more

Wilson Sonsini Goodrich & Rosati

FTC Defeats Facebook Motion to Dismiss Amended Complaint

The FTC's case against Facebook will be allowed to proceed now that the district court has held its Amended Complaint plausibly alleged violations of Section 2 of the Sherman Act related to Facebook's acquisition of Instagram...more

Skadden, Arps, Slate, Meagher & Flom LLP

Facebook Rulings Are a Setback for Antitrust Regulators but May Spur Amendments

On June 28, 2021, Judge James E. Boasberg of the U.S. District Court for the District of Columbia granted Facebook’s motions to dismiss two parallel antitrust complaints filed by the Federal Trade Commission (FTC) and a group...more

Proskauer - New Media & Technology

Facebook Brings Suit against Mobile Marketing Firm for Siphoning User Data without Authorization

In continuing its push to enforce its terms and policies against developers that engage in unauthorized collection or scraping of user data, Facebook brought suit last month against mobile marketing and data analytics firm...more

Amundsen Davis LLC

Facebook Facing Massive Class Action Trial: Ninth Circuit Rules BIPA Class Action Can Proceed

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In January 2019, we reported on the Illinois Supreme Court’s decision, Rosenbach v. Six Flags Entertainment Corp., where the highest court in Illinois unanimously found that an individual need not allege (or show) an actual...more

Proskauer - New Media & Technology

Finding Article III Standing, Ninth Circuit Declines to Do an About-Face in Illinois Biometric Privacy Class Action against...

In an important opinion, the Ninth Circuit affirmed a lower court’s ruling that plaintiffs in the ongoing Facebook biometric privacy class action have alleged a concrete injury-in-fact to confer Article III standing and that...more

Jones Day

ECJ Rules Companies Using Social Plugins Are Joint Controllers

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The Situation: Fashion ID, a German online clothing retailer, embedded on its website the Facebook "Like" button. When a user consults the website of Fashion ID, that user's personal data are transmitted to Facebook Ireland....more

McGuireWoods LLP

Federal Cartel Office vs. Facebook: When Data Privacy and Competition Law Collide

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On 7 February 2019, the German competition law regulator, the Federal Cartel Office (FCO), concluded a lengthy investigation into Facebook. It found that the company abused its dominant market position by making the use of...more

A&O Shearman

German antitrust authority restricts Facebook's processing of user data

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On 7 February 2019 the German antitrust authority (Bundeskartellamt) found that the extent to which Facebook collects, merges, attributes to and uses data in user accounts amounts to an abuse of a dominant position on the...more

Seyfarth Shaw LLP

Maryland State Government Employee’s Job Duties Reinstated after Demotion Following Facebook Post

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Seyfarth Synopsis: Employees’ use of their personal social media accounts in ways that could impact an employer’s business present challenges to employers....more

Knobbe Martens

Ethical Brand Protection in the Age of Social Media: Fair Ball or Foul?

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Presentation Goals - • WHAT - Build and maintain strong brand equity through proper trademark policing • HOW - Protect the brand via a custom enforcement strategy • CONSIDERATIONS - Promote ethical investigations in...more

Jones Day

New York's Top Court Rules 7–0: "Private" Facebook Posts Subject to Disclosure

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On February 13, 2018, the New York Court of Appeals ruled unanimously that a user's "private" Facebook messages and photos are subject to disclosure where that information is "reasonably calculated to contain evidence...more

Harris Beach Murtha PLLC

Facebook Private Pages are not Always Private

A Facebook user’s privacy settings cannot determine the discoverability of relevant evidence, held New York’s high court, the Court of Appeals. In a unanimous decision, Forman v. Henkin, — NY3d —, 2018 N.Y. Slip Op. 01015,...more

Saul Ewing LLP

Employee’s Facebook Post Crossed the Line

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Last week, the Third Circuit denied a Pennsylvania-plaintiff’s application to have her retaliation claim against her former employer reinstated. The plaintiff, Mindy Caplan, a former district manager for the retail chain...more

Burr & Forman

Social Media Lesson for Employers: Recent $1.5 Million Retaliatory Discharge Verdict

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On May 11, 2017, a federal jury in Charlotte, North Carolina awarded a former fire department employee, Crystal Eschert, a $1.5 million verdict in a retaliatory discharge lawsuit that teaches powerful lessons in today’s...more

Saul Ewing LLP

Profane Facebook Message Protected Under The NLRA

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Last week, the Second Circuit held that an employer violated the National Labor Relations Act (“NLRA”) when it fired an employee who had posted a profane and vulgar message on Facebook that insulted a manager and urged...more

Fisher Phillips

F-Word Facebook Firing Flipped By Federal Court

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In a ruling that could leave employers fuming and possibly cursing, a federal appellate court ruled that an employee who used a public Facebook page to curse out not just his boss, but also his boss’s mother and entire...more

Orrick - Trade Secrets Group

Don’t Friend My Friends: Nonsolicitation Agreements Should Account for Social Media Strategies

As social media becomes an important part of many companies’ sales and branding strategies, issues relating to companies’ ability to protect their investments in such strategies are emerging. Indeed, this blog has previously...more

Bradley Arant Boult Cummings LLP

Shock the Monkey: Police Officer Photo Post on Social Media Costs Him His Job

When is a “joke” so not funny that you lose your job? The Mississippi Court of Appeals gave some direction on that question, affirming the City of Meridian’s termination of a police officer for an inappropriate (arguably...more

Seyfarth Shaw LLP

NLRB Administrative Judge Finds Employee Facebook Post Was Protected Speech

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Seyfarth Synopsis: A new NLRB decision that attempts to define further the boundaries of protected speech under the NLRA. In Laborers’ International Union of North America and Mantell, Case No. 03-CB-136940 (NLRB...more

Littler

NLRB Ruling in Social Media Case Provides Useful Guidance for Employers

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Drafting a social media policy in compliance with Section 7 of the National Labor Relations Act (“NLRA” or “the Act”) has become increasingly challenging for employers, as the National Labor Relations Board (“NLRB” or “the...more

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