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Social Media Networks’ Section 230 Immunity on the Chopping Block? New York Court Allows Claims to Proceed Stemming from Buffalo Shooting

Social Media Networks’ Section 230 Immunity on the Chopping Block? New York Court Allows Claims to Proceed Stemming from Buffalo Shooting

April 1, 2024

Social Media Networks’ Section 230 Immunity on the Chopping Block? New York Court Allows Claims to Proceed Stemming from Buffalo Shooting

By: Michelle Cohen

Since 1996, Internet platforms and social media companies have relied on a federal law, Section 230 of the Communications Decency Act, to protect them from liability for civil law claims stemming from content on their platforms. As the influence of platforms like Facebook, Twitter (now X), and others has grown, members of Congress, consumer groups, and other stakeholders have urged Congress to restrict or repeal the networks’ immunity under Section 230, without success. However, a recent ruling on a motion to dismiss by Judge Paula Feroleto in Erie County, New York demonstrates that courts may be willing to consider piercing the Section 230 veil. Section 230 Background In 1996, Congress enacted Section 230 (as part of the revisions to the…

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Ready, Set, Go: More States Adopt Privacy Laws

March 21, 2024

Ready, Set, Go: More States Adopt Privacy Laws

By: Nicole Kardell

Note the below chart was updated on March 21, 2024 to reflect recent developments. If you blinked over the past couple of months, you may have missed it: the number of U.S. states that have adopted privacy laws has more than doubled. We are now up to 13 states (not including Nevada, which has a narrow privacy law on the books) with privacy frameworks. Fortunately,…

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OpenAI’s Legal Troubles Mount as New York Times Lawsuit Escalates Alongside SEC Investigation

March 4, 2024

OpenAI’s Legal Troubles Mount as New York Times Lawsuit Escalates Alongside SEC Investigation

By: Jake Gray

On February 28th, 2024, the Wall Street Journal reported that the Securities and Exchange Commission (”SEC”) is investigating OpenAI’s internal communications following the board’s ousting and re-introduction of OpenAI CEO Sam Altman in November 2023. Importantly, the SEC’s scrutiny of OpenAI adds to the mounting legal and regulatory challenges faced by the company. As rationale for Altman’s expulsion, the board cryptically stated that Altman hadn’t…

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District Court Rules that Robots Can’t Hold a Copyright

September 14, 2023

District Court Rules that Robots Can’t Hold a Copyright

By: Abbey Block

If asked to name the greatest artists of all time, you may think of well-known figures such as Vincent Van Gogh, Pablo Picasso, and Michelangelo. What do these artists have in common – apart from their creative talent? They’re human. While that answer may seem painfully obvious, the humanity of authorship may not always be a foregone conclusion – particularly in a world where artificial…

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Got Endorsers? Federal Trade Commission Issues Updated Advertising Guides

July 10, 2023

Got Endorsers? Federal Trade Commission Issues Updated Advertising Guides

By: Michelle Cohen

The Federal Trade Commission (“FTC”) recently issued updated “Endorsement Guides.” Guides, last revised in 2009, give businesses guidance on what endorsement practices may be considered “unfair” or “deceptive” under the FTC Act.  They also provide the general principles the FTC will use in evaluating endorsements and testimonials. As social media has evolved, the FTC has repeatedly stated that the FTC Act and the agency’s rules…

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CFTC Wins Suit Against DAO, With Potential Broad Implications for DAO Ecosystem

June 26, 2023

CFTC Wins Suit Against DAO, With Potential Broad Implications for DAO Ecosystem

By: Jake Gray

The Commodities Futures Trading Commission (“CFTC”) has only brought one lawsuit against a Decentralized Autonomous Organization, or a DAO, which was recently decided in federal court. The case involved a decentralized finance trading protocol “that had transformed into a decentralized autonomous organization, a DAO, offering leveraged and margined retail commodity transactions to the public,” according to CFTC Chairman Rostin Behnam.[1] On June 8th, 2023, U.S….

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INFORM Consumers Act – Is Your Company Ready for June 27 Compliance?

June 23, 2023

INFORM Consumers Act – Is Your Company Ready for June 27 Compliance?

By: Michelle Cohen

On June 27, 2023, the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (the “INFORM Consumers Act”, or “Act”) becomes effective, imposing new obligations on online marketplaces like Amazon, eBay, and Etsy.  Specifically, the INFORM Consumers Act requires online marketplaces to verify and disclose high-volume third-party sellers’ identities. Congress enacted the law in December 2022 to protect consumers from counterfeit, unsafe, and…

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Liar, Liar Robot on Fire – Can You Seek Legal Relief if a Chatbot Defames You?

May 22, 2023

Liar, Liar Robot on Fire – Can You Seek Legal Relief if a Chatbot Defames You?

By: Abbey Block

When another person publishes a lie about you that causes harm to your reputation, you can seek relief by filing a defamation lawsuit. But what sort of relief is available when the person making the defamatory statement isn’t a person at all – but instead is a robot? The world may soon find out. In early April, Reuters reported that a regional Australian Mayor, Brian…

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Articles and Presentations by Our Firm Attorneys

Social Media Networks’ Section 230 Immunity on the Chopping Block? New York Court Allows Claims to Proceed Stemming from Buffalo Shooting

Social Media Networks’ Section 230 Immunity on the Chopping Block? New York Court Allows Claims to Proceed Stemming from Buffalo Shooting
By: Michelle Cohen

Ready, Set, Go: More States Adopt Privacy Laws

Ready, Set, Go: More States Adopt Privacy Laws
By: Nicole Kardell

OpenAI’s Legal Troubles Mount as New York Times Lawsuit Escalates Alongside SEC Investigation

OpenAI’s Legal Troubles Mount as New York Times Lawsuit Escalates Alongside SEC Investigation
By: Jake Gray

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