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Using IP to Prevent Negative UGC Comments
Internet marketing has long been a double-edged sword. A successful viral advertisement can rocket a brand to social media stardom overnight, but those same tools enable unhappy customers to share their bad experiences with a wider audience than ever before. Smart companies understand that the power of user generated content (UGC) is that it is at least somewhat out of control. They craft their brand strategies accordingly, using social media to address customer concerns directly and publicly, rewarding social media influencers and picking their battles. But still, the courts remain full of litigants who do not seem to get the message.
In particular, some businesses continue to attempt to use intellectual property law to stop customers from sharing their experiences on the Internet. These are not cases involving the posting of trade secrets or confidential information, nor are they cases of defamation or trade libel. Rather, they are cases where a business attempts to systematically prohibit the posting of user-generated negative reviews to a website such as Yelp, whether or not those reviews are accurate, purportedly on the basis of some intellectual property right. In the absence of some extraordinary circumstance, courts have not responded favorably to this approach, as a few recent decisions from New York demonstrate.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.