Shari Claire Lewis

October 16, 2017 | New York Law Journal

In her Internet Issues/Social Media column, Shari Claire Lewis writes: We live in a world where cellphones are omnipresent. It is perhaps no coincidence, therefore, that cellphones are at the heart of a case currently pending before the U.S. Supreme Court, 'Carpenter v. United States,' that may result in a new 21st Century standard for searches and seizures under the Fourth Amendment.

By Shari Claire Lewis

19 minute read

August 14, 2017 | New York Law Journal

In her Internet Issues/Social Media column, Shari Claire Lewis writes: Near the end of the U.S. Supreme Court's past term, the court issued a decision in which the majority opinion recognized the importance of social media in most people's lives. The ramifications of the court's statements about social media already are reverberating in New York courts.

By Shari Claire Lewis

18 minute read

June 19, 2017 | New York Law Journal

In her Internet Issues/Social Media column, Shari Claire Lewis writes: There is a growing consensus in the U.S. Court of Appeals for the Second Circuit that recovery of certain forms of damages under the CFAA simply is not permitted—making it difficult to bring causes of action under the CFAA that are able to withstand motions to dismiss.

By Shari Claire Lewis

10 minute read

April 17, 2017 | New York Law Journal

In her Internet Issues/Social Media column, Shari Claire Lewis of Rivkin Radler discusses the ruling in 'Mount v. PulsePoint', which made clear that companies that circumvent web browser privacy features to place cookies on computers to gather information about Internet use are not subject to liability for the typical legal claims that might be asserted under New York law.

By Shari Claire Lewis

20 minute read

February 17, 2017 | New York Law Journal

In her Internet Issues/Social Media column, Shari Claire Lewis of Rivkin Radler writes: Social media's emerging role, combined with the extreme divisions so evident in our country, have caused the courts to consider application of pre-Internet legal standards to defamation and other torts brought in response to tweets, Facebook posts, and content on other social media platforms. Recently, a number of courts have considered the context provided by social media and how online forums impact the reader's expectation of truth and the distinction between fact and opinion.

By Shari Claire Lewis

18 minute read

December 19, 2016 | New York Law Journal

In her Internet Issues/Social Media column, Shari Claire Lewis discusses a recent Second Circuit decision in 'FTC v. LeadClick Media', which upheld a challenge by the FTC to certain kinds of fake news under the FTC Act, ruling that the FTC's complaint had not run afoul of §230 of the Communications Decency Act.

By Shari Claire Lewis

15 minute read

October 17, 2016 | New York Law Journal

In her Internet Issues/Social Media column, Shari Claire Lewis discusses the recent Sixth Circuit decision in 'Galaria', which adopted a broad view of "injury-in-fact" for purposes of standing under Article III of the U.S. Constitution to bring privacy claims under diverse theories of recovery. It remains to be seen whether the Second Circuit will agree, but plaintiffs' lawyers are likely to argue that 'Galaria' opened the door to standing, which could result in the courts being flooded with privacy claims.

By Shari Claire Lewis

19 minute read

August 16, 2016 | New York Law Journal

In her Internet Issues/Social Media column, Shari Claire Lewis writes: A review of various privacy-related settlements that agencies recently have reached suggests a variety of steps that companies across all industries should consider adopting in an effort to protect the privacy of consumers and avoid the wrath of regulators.

By Shari Claire Lewis

12 minute read

June 21, 2016 | New York Law Journal

In her Internet Issues/Social Media column, Shari Claire Lewis writes: The FTC's well-organized Web-based tool and new guidance for mobile health app developers should serve as a reminder to them of the importance the agency places on protecting consumers' privacy. If regulators are interested in privacy, then developers should be interested in privacy.

By Shari Claire Lewis

18 minute read

April 19, 2016 | New York Law Journal

In her Internet Issues/Social Media column, Shari Claire Lewis of Rivkin Radler explores the FCC's Notice of Proposed Rulemaking (which proposes to establish privacy guidelines applicable to ISPs) and some of the most important issues it raises.

By Shari Claire Lewis

21 minute read