Jesse Soslow

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On April 15, 2013, the Associated Press’s Twitter account reported that President Obama had been injured in an explosion at the White House. Within seconds of the announcement, the Dow Jones Industrial Average plummeted more than 150 points. Fortunately, the President’s Press Secretary quickly confirmed that the President was unharmed and, soon after, the Associated Press announced that its Twitter account had been hacked. Although this was perhaps the most significant instance of a Twitter account…
We have written before about cases involving disputes between employers and employees over work-related social media accounts, but a new case out of Arizona federal court raises issues that appear to be unlike those we have addressed previously. In Castle Megastore Group, Inc. v. Wilson, plaintiff Castle Megastore Group (CMG), a retailer of novelty and adult-themed merchandise, brought suit against three former employees for various causes of action related to the employees’ alleged misuse…
2012 was a momentous year for social media law. We’ve combed through the court decisions, the legislative initiatives, the regulatory actions and the corporate trends to identify what we believe to be the ten most significant social media law developments of the past year–here they are, in no particular order: Bland v. Roberts – A Facebook “like” is not constitutionally protected speech Former employees of the Hampton Sheriff’s Office in Virginia who were fired by…
In a string of cases against Google, approximately 20 separate plaintiffs have claimed that, through advertisements on its AdWords service, Google engaged in trademark infringement. These claims have been based on Google allowing its advertisers to use their competitors’ trademarks in Google-generated online advertisements. In a recent decision emerging from these cases, CYBERsitter v. Google, the U.S. District Court for the Central District of California found that Section 230 of the Communications Decency Act (CDA)…
When an employee uses a social media account to promote his or her company, who keeps that account when the employee leaves? Perhaps more importantly, who keeps the friends, followers and connections associated with that account? Three lawsuits highlight the challenges an employer may face in seeking to gain control of work-related social media accounts maintained by current or former employees. We start with Eagle v. Edcomm, a federal case out of Pennsylvania involving a…
Section 512 of the Digital Millennium Copyright Act (“DMCA”) offers various “safe harbors” to online service providers (“OSPs”) for claims of copyright infringement against them arising from certain acts of their subscribers and account holders.  Section 512 provides that in order for an OSP to qualify for the DMCA’s protections, it must satisfy certain requirements.  One threshold requirement is that an OSP must have a policy that, under appropriate circumstances, provides for the termination of subscribers and…