Addressing legal issues with the latest technological developments and social media trends.
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At the recent Apple iPhone unveiling event, we learned that you can Peek at it with a light press on your iPhone screen and Pop into it by pressing a little deeper. And just like that, Apple unleashed a new namespace of gestures distinguished by different amounts of force applied by the users. Developers will soon create 3D input gestures characterized both by where a user’s finger moves on screen and by how hard the user presses. For instance, you might scroll faster through your contact list based on how hard you press while drawing your finger across the screen, or control the speed of your virtual racecar based on the amount of force you apply. If history is any guide, expect savvy businesses to lay claim to the 3D gesture space with intellectual property.

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A party’s right to privacy has always been an important and sometimes limiting factor in the resolution of discovery disputes. Social media platforms, which allow users to select the extent with whom they share their network, posts and photos, inevitably create a conflict between what users perceive as “private” content (based on settings used to control who they share information with) and the fact that all content that is relevant to a particular lawsuit may be discoverable. Litigants are finding that in resolving discovery disputes involving social media, the technological platforms may be new but traditional discovery rules still apply. Below are four cases that have helped establish a familiar patch of terrain in a legal landscape that has been remade in so many other ways by social media.

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Oh, the once humble hashtag (or pound sign, number sign, octothorpe, etc.). For so long a symbol both ubiquitous and free from controversy, its new life as a go-to signifier of discussions and trending topics on Twitter has made it relevant in ways no one could have predicted a decade ago. For proof, one only need look to the courts, where a recent spat between two competitors highlights the interplay between social media symbology, such as the hashtag, and intellectual property laws (especially trademark law).

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As social media companies and businesses rely more heavily on their social media platforms to make important company announcements, state law claims asserting negligent misrepresentation or failure to adequately disclose information relating to announcements made on these outlets are bound to arise.

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With unmanned aerial vehicles (UAV) (also called drones) anticipated to become a multi-billion dollar industry in a few years, many are betting that drone gaming will explode as the next big thing in competitive entertainment. It is not hard to see why: with the aid of first-person view (FPV) headsets and camera-mounted drones, drone gaming allows otherwise gravity-bound users to experience flight at exhilarating speeds—sometimes up to 100 mph. Despite their undeniable appeal and popularity, competitive drone gaming may stay grounded until Federal Aviation Administration (FAA) guidelines and regulations are more favorable. Nevertheless, there are a number of ways that drone manufacturers and drone gaming organizers can facilitate legal drone gaming competitions that may avoid the need of going through an FAA approval process—this post explores a few considerations.

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As social media platforms continue to find new ways to allow users to share, post, and forward nonoriginal content and users become more engaged in the practice, the platforms hosting the content and disgruntled original content owners are bound to clash. In the past, Google, YouTube and others have been targeted for allowing users to post copyright-protected material, and ordered to remove the objected to material. A recent case filed in the Central District of California involves similar allegations against social media powerhouse Twitter. In Pierson v. Twitter, Inc., the plaintiff alleges that users tweeted her copyrighted image and that Twitter failed to remove the infringing material.

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The evolution of social media in business from “occasional accessory” to “integral component” has in turn forced the law itself to evolve in an attempt to address social media’s increasing relevance. Recent developments in two different areas of law show a newly evidenced recognition of social media’s importance in business.

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Today, Pillsbury attorneys Joseph Tiffany and Connie Wolfe published their client alert titled Seventh Circuit Finds Article III Standing for Data Breach Class Action Based on Allegations of Future Harm. The Alert notes that, in the wake of numerous data breach cases dismissed for lack of Article III standing based on the Supreme Court’s decision in Clapper v. Amnesty Int’l USA, the Seventh Circuit Court of Appeals has become the first post-Clapper appellate court to hold that data breach victims adequately alleged standing based on risks of future harm. In Remijas v. Neiman Marcus Group, LLC, the district court dismissed a class action complaint against retailer Neiman Marcus based on the plaintiffs’ lack of Article III standing. Plaintiffs appealed, and the Seventh Circuit reversed. The decision adds a new element of uncertainty for custodians of customer data impacted by data breaches.

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A recent massive data hack of an online dating site, Ashley Madison, once again proves that what one publishes, says, or does online, even in seemingly private forums, is never completely private. It’s also a reminder that the legal recourse available in less traditional data breaches can be severely curtailed by what can be a formidable obstacle: a company’s Terms of Service.

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In late July, we posted our client alert titled FCC Expands Reach of Telephone Consumer Protection Act.  The Alert discusses the FCC’s July 10, 2015 long-awaited omnibus Declaratory Ruling and Order. The Ruling focuses largely on providing guidance, particularly for new and emerging technologies, regarding what an automated telephone dialing system (aka ATDS or autodialer) is and when consent to use one to place a call or send a text message is required under the Telephone Consumer Protection Act and its implementing regulation, 47 C.F.R. § 64.1200. All businesses should immediately reevaluate their calling and text messaging practices to ensure compliance with the new Ruling, as it is likely to escalate the continued upward trend in TCPA class action filings.

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