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The Intellectual Property Strategist
Best Practices for Social Media Advertising
Amanda H. Wilcox
Social media is growing up, and this means that brands of all sizes and across all industries are using social media as part of their marketing strategy. However, courts have confirmed that the basic tenets of intellectual property law and advertising law still apply. The following guidelines stem from common questions that clients often have in the area of social media marketing.
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Marketing The Law Firm
Digital Dive: How to Create (at least) Nine Pieces of Content in One Hour
Spencer X. Smith
In just one hour, would it be valuable to have at least nine pieces of content that your lawyer clients may use on your website and on social media?
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Cybersecurity Law & Strategy
Podcast: Cognitive Security
Jason Thomas
We live in information environment that is unique to this point in time (social media, information overload). How do we know what’s true and what’s not?
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Marketing The Law Firm
Social Media Scene: The Easy Path to Success on Social Media — The 1% Rule of the Internet
Spencer X. Smith
You may have read a dozen “How To” articles about cracking the algorithms — which sound very mathematical — of any social media platform, but at the end of the day, you’re communicating with people.
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Marketing The Law Firm
‘Cause We Are Living in a Digital World …
David McCann
As with traditional branding, a digital brand is simply the perception individuals have of a business or organization online. Digital branding is a brand management technique that uses a combination of Internet branding and digital marketing to develop a brand over a range of digital venues, including Internet-based relationships, device-based applications and media. The objective is to establish and build trust with potential clients, especially while they are in the decision phase of the selection process.
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Marketing The Law Firm
'Digital Dive:' How to Use Reverse SEO to Suppress Negative Content in Search Engines
Marguerita Cheng
Reverse SEO is part of a firm’s online reputation management strategy that suppresses negative content such as bad service reviews in search engines so that potential clients and partner companies will have difficulty finding it.
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Marketing The Law Firm
Social Media Scene: How to Compel Your Staff to Share Your Firm's Social Media Posts
Spencer X. Smith
Consider advocating for your employees first before you ask them to advocate for you. Give your employees a reason to care.
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Marketing The Law Firm
'Marketing Tech:' How Law Firms May Ensure Social Media Compliance
Marguerita Cheng
How can law firms ensure social media compliance? What are the rules and restrictions to creating profiles, publishing content and communicating with prospects and clients? This article answers these questions and provides tips to help firms create a sound social media policy.
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Marketing The Law Firm
The Topography of a Strong Attorney Biography
John Buchanan
Part Two of a Two-Part Article
In addition to ensuring that a bio focuses on “the right stuff,” it is essential that the bio be both search engine and social media friendly.
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Marketing The Law Firm
Lessons Learned from the Business Development Coach’s Playbook
Peter A. Johnson
What does it take to be a successful attorney in today’s legal environment? For one thing, it takes a little help, which more and more often comes in the form of a business development coach.
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Cybersecurity Law & Strategy
Online Extra: Facebook’s Blockchain Bet Could Place It in the Data Decentralization Debate
Ian Lopez
Oft-Considered an Avenue for Individuals to Attain Greater Control over Their Digital Information, Blockchain Could Be Leveraged By Facebook to Change Its Status As “Gatekeeper” for User Data
Facebook Inc. recently announced that it will begin exploring different ways to incorporate blockchain into its infrastructure. Yet, questions remain over how the social media company will implement the technology and what sort of legal challenges doing so could portend.
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The Intellectual Property Strategist
Trademark ‘Theft’ With AdWords Keyword Bidding
Aaron Cohn
Many Courts Have Determined that AdWords Bidding Alone Does Not Create Sufficient Consumer Confusion to Support Trademark Infringement Claims
As Internet searching continues its rapid migration to mobile and inadvertent infringement becomes inevitable, the courts are likely to see an increase of litigation in this area.
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The Intellectual Property Strategist
Copyright Law in the Age of Twitter
Shari Claire Lewis
A Recent Decision by the U.S. District Court for the Southern District of New York Involving Twitter May Have Significant Implications for Online Publications
The exponential growth of social media, and the inevitable conflicts that result, is leading to more and more litigation. In many instances, courts are being asked to apply laws crafted before the Internet era to these modern disputes.
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Cybersecurity Law & Strategy
A Roundtable Discussion: How Evolving Media Types and Cybersecurity Concerns Are Impacting e-Discovery
In this roundtable discussion, two law firm partners and two GCs share their experience and insight on the evolving nature of e-discovery and its intersection with AI, cybersecurity and privacy.
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Entertainment Law & Finance
Iglesias’s Music Streaming Suit Confronts Big Industry Issue
Samantha Joseph
Music superstar Enrique Iglesias wasn’t dancing around the point when he recently filed a lawsuit in Miami federal court against Universal International Music.
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Marketing The Law Firm
Marketing Tech: Finding a Few More Minutes for Marketing and Business Development
Ari Kaplan
Years ago, when trying to improve some of my snacking habits, I stopped buying cookies, candy and savory chips. Magically (and perhaps obviously), I quickly found that I ate less junk food. In effort to find a few more minutes a day for marketing, I recently applied this same basic, but effective, technique to my time management and the results have been just as immediate.
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Marketing The Law Firm
Marketing Tech: SEO: Will It Actually Work for Your Firm?
Spencer X. Smith
Search engine optimization (SEO) is a great way to help drive traffic to your website, but is also a very misunderstood term. This article helps clarify what SEO really is, and if it will help with your business development activities.
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Internet Law & Strategy
Influencing the Influencers
Alan Friel and Stephanie Lucas
The importance of promoting brands and products on digital platforms has continued to grow as advertisers are learning how to use social media to reach out to specific populations by harnessing the power and goodwill of the people on these platforms that are popular with and influence particular niche groups of interest. These so-called “influencers” can have thousands, or even millions and tens of millions of followers. But when is the influencer an objective critic, and when is she a paid spokesperson?
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Internet Law & Strategy
Artificially Intelligent Blockchain of Things: Examining Legal Tech’s Biggest Buzzwords
Ian Lopez
Panelists at ALM Cybersecure 2017 Delved Into the Year’s Biggest Legal Technology Buzzwords and the Hype Fueling Their Popularity
Legal technology has no shortage of buzzwords. The latest slew to take the industry by storm were the topic conversation in a Dec. 5 panel at ALM’s CyberSecure event in New York.
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Internet Law & Strategy
Online Extra:
Social Media: Questions of Admissibility And Ethics
Khizar A. Sheikh, Lynne Strober and Jennifer Presti
Social media evidence can be acquired both informally — through an attorney’s own investigation or from the client — or more formally through the use of discovery and the rules of discovery. While each gives rise to practical and ethical issues, this section will focus on informal methods of acquisition.
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Internet Law & Strategy
Zeran v. AOL and Its Inconsistent Legacy
Ian C. Ballon
How the Seminal Fourth Circuit's Ruling Is Applied in Different Circuits
The rule of Zeran has been uniformly applied by every federal circuit court to consider it and by numerous state courts. And it has never been rejected in any precedential opinion. Indeed, it is perhaps a fitting tribute to the viability of Zeran that 20 year later the U.S. Court of Appeals for the Ninth Circuit, in its 12th opinion construing the CDA, barely spent even a sentence affirming dismissal of a defamation claim brought against Facebook over user content, pursuant to the CDA and the rule first developed in Zeran.
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Internet Law & Strategy
What Lies Beneath the Surface: The Dark Web
Elizabeth Vandesteeg and Jeffrey Goldberg
Nearly all of us access the World Wide Web on at least a daily basis. Yet for many of us, there is a fundamental lack of knowledge about the basic structure of the Internet and the way its different levels interact. This article provides a basic outline of the structure of the Web and some insight as to the purpose for and content housed on each level, as well as give some practical tips to avoid your company's data from ending up on the Dark Web.
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Internet Law & Strategy
When Terms of Use Put 'Reasonably Prudent User' on Notice
Richard Raysman and Peter Brown
On Aug. 17, 2017, the Second Circuit issued its decision in Meyer v. Uber Technologies, Inc.. The appeals court vacated and remanded the trial court ruling by holding that the registration process for Uber Technologies, Inc.'s mobile application formed a legal contract, Less than a month later, the Southern District relied on the Meyer decision in granting the defendant's motion to compel arbitration based on the fact that the design and functionality of defendant's amended terms of use placed plaintiffs' on "reasonably conspicuous notice" of the mandatory arbitration and jury trial waiver provisions.
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Internet Law & Strategy
Trump's Tweets Are 'Official Statements'
Cogan Schneier
President Donald Trump's tweets are official government statements, Justice Department lawyers told a federal judge last month.
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Internet Law & Strategy
All Digital Assets Are Not Legally Equal
Jonathan Bick
The Internet has generated a new set of assets known as "digital assets." Broadly defined, a digital asset is an electronic record in which an individual has a right or interest. This definition erroneously implies that digital assets should be treated as a legally equivalent set of assets when, in fact, failure to differentiate digital assets into one of three distinct classes will result in legal difficulties.
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The Matrimonial Strategist
Social Media: Questions of Admissibility and Ethics
Khizar A. Sheikh, Lynne Strober and Jennifer Presti
Part One of a Two-Part Article
This two-part article is divided into three sections: 1) Social media, defined; 2) Examples of how social media has been used in family law cases; and 3) Ethical considerations for attorneys who gather social media evidence.
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Entertainment Law & Finance
Procedures for Protecting Entertainment Domain Names Against Cybersquatters
Karen Levin, Ariel Ronneburger and Damias Wilson
Because there are so many new digital channels for possible intellectual property infringement, knowledge of the various mechanisms available to combat the issue is vital to enabling entertainment industry owners to protect their brand.
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Internet Law & Strategy
Big Data, Web 'Scraping' and Competition Law
Shepard Goldfein and James Keyte
The Debate Continues
Web "scraping" is one method of accumulating data that has sparked recent legal debate, both antitrust and otherwise. Legal challenges to Web scraping have involved privacy claims and claims under the federal Computer Fraud and Abuse Act, in addition to antitrust claims about the need to collect public data to be able to compete freely.
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Entertainment Law & Finance
FTC Moves Directly Against Social Media Influencers
C. Ryan Barber
The FTC has faulted social media influencers for failing to disclose the payments behind their seemingly organic endorsements. But the FTC only reached settlements with the companies, raising a question of when — if ever — the agency would directly go after the influencers.
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Internet Law & Strategy
Website Accessibility: The Law and Your Business Priorities
Matthias L. Niska
The first step to solving a problem is knowing it exists. But many businesses have never thought to ask whether their customer-facing websites are accessible to people with disabilities, and only become aware of the issue when they are sent a demand letter or served with a lawsuit alleging that their site violates the Americans with Disabilities Act (ADA).
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Internet Law & Strategy
What's the Deal with WhatsApp?
Julian Sheppard and Michele C.S. Lange
Investigating and Discovering Mobile Device Data
Analyzing data from mobile devices is still uncharted territory for many in Legal and IT. Accordingly, today's modern legal and technology professionals need to brush-up on all things mobile. This includes understanding where applicable data resides in a mobile device and what common challenges are associated with accessing, preserving and extracting this data. One such app taking the mobile device world by storm is WhatsApp.
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Internet Law & Strategy
Social Media Grabs Attention of SCOTUS
Shari Claire Lewis
It is a truism that law often lags technology. Near the end of the U.S. Supreme Court's past term, the Court issued a decision in which the majority opinion, by Justice Kennedy, recognized the importance of social media in most people's lives. The ramifications of the court's statements about social media are already reverberating in the courts.
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Internet Law & Strategy
Permission to Post
Spencer X Smith
You don't need a separate policy governing how your firm's staff will represent you on social media. You already have one.
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Internet Law & Strategy
Dark Web Marketplace Takedowns Mitigate Legal's Cyberthreat, But Only So Much
Rhys Dipshan
The recent takedown of dark Web marketplace AlphaBay represented a major success for law enforcement agencies in the U.S. and around the world. However, experts caution that its effect on mitigating the overall level of cyberthreat faced by corporations and law firms alike, while significant, will likely be temporary at best.
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Internet Law & Strategy
Online Extra
Trump Cybersecurity Council Resignations Could Mean Disruption for Cybersecurity Policy
Gabrielle Orum Hernández
The departure of eight members of the council could signal a strained relationship between the business sector and the government around cybersecurity policy.
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Internet Law & Strategy
Online Extra
Judge Signs Off on Google's $22.5M Settlement in AdWords Class Action
Ross Todd
A federal judge in San Jose, CA, has signed off on a $22.5 million deal Google Inc. reached in a long-running class action accusing the company of overcharging certain customers using its AdWords keyword advertising program.
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Entertainment Law & Finance
Online Extra
Christie Signs Fantasy Sports Bill
Michael Booth
New Jersey Gov. Chris Christie signed a bill on August 24 that will regulate daily fantasy sports betting, a multimillion-dollar-a-year industry in the state that has, until recently, gone largely unregulated nationwide.
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Internet Law & Strategy
BREAKING NEWS:
Appeals Court Finds for Uber, Says App Made Service Terms Clear
B. Colby Hamilton
Uber made it clear that users were agreeing to terms and conditions, including the waiving of a jury trial in favor of arbitration, when they downloaded and used the app, the U.S. Court of Appeals for the Second Circuit ruled.
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Internet Law & Strategy
Tweeters Blocked By President Trump File First Amendment Suit
B. Colby Hamilton
A group of Twitter users blocked by President Donald Trump are suing after a request to be unblocked on First Amendment grounds went unheeded.
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Internet Law & Strategy
Online Extra
Google Sues to Block ‘Repugnant’ Canadian Court Decision
Ben Hancock
Google Inc. has filed suit in U.S. federal court seeking to block enforcement of a decision by the Supreme Court of Canada that would require the search giant to delist certain search results worldwide.
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Internet Law & Strategy
Online Extra
Pokéstop: Judge Calls Timeout in Suit Against Pokémon Go Maker
Ross Todd
A federal judge has pressed pause on a group of lawsuits targeting the maker of augmented reality game Pokémon Go with nuisance and trespass claims for placing virtual landmarks on top of real property.
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Internet Law & Strategy
Online Extra
Publishers Seek Antitrust Exemption to Better Negotiate With Google, Facebook
Todd Cunningham
U.S. newspaper publishers, who say they are chafing under the market power of Google and Facebook, are calling on Congress to allow them to negotiate collectively with the online giants.
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Marketing The Law Firm
Social Media Scene: Permission to Post
Spencer X Smith
NASA Doesn't Need a Social Media Policy, and Neither Do You
You don't need a separate policy governing how your firm's staff will represent you on social media. You already have one.
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Internet Law & Strategy
5 Legal Consequences of Diving 'All In' on Social Media
Benjamin Znaty and Marc Schuler
Companies and Lawyers Should Begin to Learn the Laws of Individual Platforms Before Trying to Apply National and Local Legal Concepts
Since the possibilities offered by social networks and their reach on consumers are unquestionable, companies must remember that important legal consequences exist between an online presence on social media and on a proprietary website. We look at a few key consequences of going "all in" with social platforms below.
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Cybersecurity Law & Strategy
WannaCry Attack Is A Wake-Up Call for Cyber Preparedness
India E. Vincent
The scope of WannaCry changed our perceptions of ransomware attacks. It made it clear that ransomware could reach a broad cross-section of computers worldwide, at essentially the same time.
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Internet Law & Strategy
Online Extra
In First-of-Its-Kind Ruling, SCOTUS Strikes Down Law Barring Social Media Use by Sex Offenders
Tony Mauro
Social media gained a new level of First Amendment respect on June 19 as the U.S. Supreme Court struck down a North Carolina law that barred registered sex offenders from posting on social networking sites.
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Entertainment Law & Finance
Netflix Dooming Need for Foreign Presales Deals
Todd Cunningham
Foreign rights presales, which since the 1970s have been used by independent Hollywood producers to raise funds to get their movies shot, are quickly becoming a thing of the past. Credit Netflix for giving them a big shove out the door. So what does that mean for Hollywood's deal lawyers? Bigger rights deals — but fewer of them to go around.
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Internet Law & Strategy
Online Extra
9th Circuit 'Dancing Baby' Decision Will Stand
Scott Graham
The Supreme Court let stand a U.S. Court of Appeals for the Ninth Circuit decision that said issuers of takedown notices aren't liable under the DMCA unless they actually knew that the material did not infringe their copyright, or were willfully blind to that knowledge.
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Internet Law & Strategy
Online Extra
Snap Accused of Infringing Patents With Snapchat Tech
Tom McParland
A Texas company has accused Snap Inc. of infringing four patents with systems that allow Snapchat users to scan "Snapcodes" and add friends on the popular social networking app.
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Internet Law & Strategy
Online Extra
Law Firm Apps Designed to Impress Clients — and to Win Them
Miriam Rozen
More firms are working to tailor their apps to the right audiences, and improving their use as client development tools in the process.
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