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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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FTC Gets Serious About ‘Fake’ Reviews, Endorsements

January 24, 2011

FTC Gets Serious About ‘Fake’ Reviews, Endorsements

By: Ifrah Law

In a cybermarket full of every product and service imaginable, advertisers go to great lengths to make their products stand out by grabbing consumers’ attention and interest. In recent years blogs have become a popular forum for sharing tips and information, and advertisers have used blogs to promote their products. While advertisers are perfectly entitled to tout their products’ positive attributes, they must do so…

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How to Sell E-cigarettes and Avoid an FTC Investigation

January 20, 2011

How to Sell E-cigarettes and Avoid an FTC Investigation

By: Ifrah Law

Customers are flocking to electronic cigarettes — battery-operated nicotine delivery devices that are meant to replicate the flavor and sensation of smoking a tobacco cigarette. While merchants and advertisers are understandably eager to participate in this growing industry, we predict that the FTC will be watching ads carefully in anticipation of enforcing its advertising rules. The FTC can regulate advertisements for any product, but it…

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New Law Gives Enforcers Added Power Against Online Marketers

January 10, 2011

New Law Gives Enforcers Added Power Against Online Marketers

By: Ifrah Law

In the waning days of 2010, the lame-duck Congress passed, and President Obama signed, a law that is almost certainly going to have major effects on the affiliate marketing industry. The FTC is poised to begin enforcing the “Restore Online Shoppers’ Confidence Act,” which is intended to protect consumers from deceptive online sales tactics – but in doing so, imposes new requirements on the entire…

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FTC Issues New Rule on Mortgage Scammers

January 10, 2011

FTC Issues New Rule on Mortgage Scammers

By: Ifrah Law

As the economic crisis continues for many homeowners, the Federal Trade Commission has taken actions to protect homeowners from mortgage relief scams. Most of the new requirements took effect on December 29, 2010, and all of the new requirements can be applied to affiliate marketers, who immediately need to be aware of the rule. The Mortgage Assistance Relief Services (MARS) Rule was approved by the…

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Suit Against FTC Asks: Did Agency Change Advertising Rules in Middle of Game?

September 17, 2010

Suit Against FTC Asks: Did Agency Change Advertising Rules in Middle of Game?

By: Ifrah Law

Is there a way to hold a government agency like the Federal Trade Commission (FTC) accountable for the cost to businesses of what a company says are abrupt and systemic changes in regulatory standards? POM Wonderful LLC, a Los Angeles-based juice company, is trying to do just that by suing the FTC in District Court. The FTC is reportedly investigating POM for alleged false advertising…

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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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