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[Audio] Podcast Interview with Resonance Content Marketing’s Rachel Parker

I was a recent guest on the Content Marketing Podcast with Resonance Content Marketing’s Rachel Parker.  It is always entertaining and refreshing to visit with the people in the trenches and find out what is on their mind.  We covered privacy, intellectual property, employee relations, and much more.  You should listen to the whole thing, … Continue Reading

Can I use the social media picture for my story? – Part Two

Last time, we looked at whether the media can use images from social media sites applying fair use to several typical situations.  Today, we look at the specific terms of service of various popular sites to see if some make it easier than others for the media to use images.
Facebook:
Plain English:  Each user allows Facebook, … Continue Reading

Can I use the social media picture for my story? – Part One

The answer is one that frustrates people the most — it depends.  In most circumstances, you run the risk of violating the copyright of the person who took the picture, so the best practice is to seek permission first (more on that in part 3).  But, let’s assume you can’t get permission — after all, … Continue Reading

The Anatomy of a Defamation Claim – Scottie Pippen’s Case is Dismissed

I think Scottie Pippen is one of the most overrated players in the history of the NBA.  My opinion may be soured because I am a Houston Rockets fan and the experiment with him, Olajuwon and Charles Barkley did not end well.

Of course, that’s just my opinion.  What if, however, I reported, as fact, Scottie … Continue Reading

2013 Texas Leg Watch: Retracting the defamation and notification after a data breach

While the second special session is winding down (thank goodness), we will take a look at a couple more new laws impacting online media and technology in Texas.  While most of the attention was on social media password protections, service via social media and online “compelled prostitution” legislation,  two additional bills made it through to … Continue Reading

Do I need to comply with E.U. privacy laws?

I have not posted in some time because I enjoyed some traveling with the family in Hungary.  Some of my cousins – by marriage – are lawyers in Budapest.  They mainly peppered me with questions about the NSA and our take on privacy.  I can’t repeat the compelling soliloquy I made for all Americans after … Continue Reading

Texas Leg 2013 Wrap-Up – Texas Does Not Take the Lead on Social Media Issues

Although the Governor called a special session extending the Texas Legislative session, the topics to be addressed are political ones and not the ones we have been tracking.  We can therefore wrap-up our watch of the three bills we were monitoring.
First, bring out your dead!

HB 318/SB 118 social media passwords
A bill that would have prohibited … Continue Reading

You “like” me, you really “like” me – Looking at the legal effect of Facebook likes and friends

Is liking something expressive activity protected by the First Amendment?  Does being a Facebook “friend” create the appearance of impropriety requiring the judge to recuse himself from the case?  Leave it to Facebook to make us answer these questions.
You don’t like me, you just want my coupon . . .
The Fourth Circuit Court of Appeals is … Continue Reading

GUEST POST: Internet Sales Tax is Coming

Looper Reed has a number of good blogs.  My colleagues Jamie Ribman and Cleve Clinton write Tilting the Scales which takes a light-hearted look at some of the more general legal issues of the day.  For my lawyer readers, their hypotheticals will remind you of law school finals.  They recently tackled the Internet Sales Tax … Continue Reading

Legal Ethics Presentation: Lawyers on Social Media This Thursday

I will be presenting The Ethics of Lawyers on Social Media this Thursday as part of Texas Lawyer’s Technology Summit 2.0.   Here is the PowerPoint:  Ethics of Lawyers on Social Media – Technology Summit 2.0.  I recently did the ethics of marketing with social media and now I have added a new section on using social media … Continue Reading