Social media is reinventing the way companies, across all industries, interact with customers, promote products, and challenge competitors. Morrison & Foerster has been advising clients in the U.S., Europe, China, and Japan on the complex legal, regulatory, and policy issues presented by social media since before the advent of Facebook and Twitter.
We bring that experience to our clients as they balance the commercial realities of running a business with the risks posed by laws and regulations affecting social media. Our skills are particularly valued by companies operating in highly regulated sectors (such as financial services, credit reporting, healthcare, and pharmaceuticals), companies with a strong existing online presence, and companies operating internationally. Businesses facing multiple layers and regimes of regulation appreciate the timely, knowledgeable, and "real world" social media advice we provide.
To keep our clients ahead of emerging legal developments affecting the social media industry, we created Socially Aware, an award-winning newsletter and related blog devoted to the law and business of social media. To see our newsletter, please visit www.mofo.com/sociallyaware. To read our blog, please visit www.sociallyawareblog.com.
What we do:
- Prepare social-media-related policies and advise in connection with intra-company collaboration spaces for major multinational pharmaceutical and consumer products companies, technology companies, media companies, online retailers, and educational institutions.
- Advise on the promotion and operation of sweepstakes, contests, games, and other promotions on social media platforms.
- Advise on the creation, monitoring, and maintenance of corporate social media pages.
- Advise on compliance with the strict disclosure requirements of the FTC's "Guides Concerning the Use of Endorsements and Testimonials in Advertising" for companies providing consideration to bloggers and other social media users in return for promoting the companies’ goods and services.
- Advise copyright owners on the unauthorized use of their creative works in connection with user-generated content posted to Internet sites, and opportunities for commercializing such uses.
- Advise online service providers on risk-reduction strategies in connection with user-generated content.
- Draft comprehensive internal guidelines for reviewing online content for potential intellectual property, publicity, privacy, and breach-of-contract issues.
- Advise on licensing and other aspects of the use of fingerprinting software to aid in the identification of unauthorized content use.
- Advise on the Safe Harbor provisions of the Digital Millennium Copyright Act from the perspectives of both rights-holders and online service providers.
- Assist in preparing and implementing DMCA-mandated "repeat infringer" policies.
- Counsel on the Communications Decency Act safe harbor.
- Advise on employment issues that arise under federal, state, and international laws from employees’ use and misuse of social media, including monitoring of employee postings, development of policies balancing lawful interests of employers and employees, and disciplinary action arising from improper postings.
- Advise U.S. and multinational clients on domestic and foreign privacy and data protection issues concerning collection, disclosure, and marketing uses of information via social media.
- Advise advertising service providers, including providers using anonymous social data, on compliance with emerging laws, rules, and best practices associated with online behavioral advertising.
- Represent clients in social media and FTC litigation.