We have previously written about trademark cases where one party was ordered to turn over social media accounts, websites, links, etc. that included the disputed mark(s). But what happens if the defendant doesn’t turn them over but instead destroys them?…

Most of us are familiar with Instagram – a social media engine, primarily utilized in its all-too-familiar form of a phone application, that allows users to share images and videos of themselves or others for public viewing and potential recognition. With the increased popularity of photo-sharing social media tools like Instagram, users have begun to wonder more about what, if any, intellectual property rights they may own to the content they publish to such sites.…

In a March 8, 2019 post titled “New California laws may require review of social media policies,” we explored how a host of new California laws would require a close review and revision of corporate social media policies. That post discussed the role social media policies play in helping employers sidestep legal landmines by preventing wage and hour violations, unauthorized disclosure of the company’s trade secrets and other confidential information, violations of the…

Corporations that sell to consumers and are subject to consumer lawsuits commonly receive deposition demands for top executives. Corporations can frequently defeat these demands by showing that the executives did not participate or have control over the matter at issue. But a recent ruling from a federal trial court in California demonstrated how controlling social media content can help change that result, leaving a CEO as a defendant in a consumer class action alleging fraud…

How important are online reviews in your shopping experience? Many rely heavily on consumer reviews in order to generate business. But what happens when instead of providing customers the candid information that they deserve, companies try to silence their critics in order to improve their online reputation? In recent years, companies selling products and services have included non-disparagement clauses (“gag clauses”) in their contracts in hopes of curtailing online criticism. Gag clauses are aimed at…

Online privacy is a fantasy for many people. We voluntarily post information about every aspect of our lives. Information we do not publicize can often be extracted from website data or our personal accounts (email, social media, etc.). Our privacy and sensitive information is often in jeopardy. What happens when our private and sensitive information is disseminated online to millions of people against our will? This is known as doxing.…