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Social Media Triple Play: False Advertising Litigation, Companies Discovering Social Media and Copyright Takedowns, Shakedowns and the DMCA Safe Harbor


Level: Intermediate
Runtime: 90 minutes
Recorded Date: February 23, 2023
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Agenda

        Understanding the New Normal of False Advertising Litigation
                • The Legal Basis of False Advertising Litigation
                • The Dilemma
                • Two Kinds of Plaintiffs' Lawyers Bringing False Advertising Litigation
                • Triggers for False Advertising Class Action Litigation
                • Strategies for Managing Risk
        Playing with Fire: When Companies Discover Social Media Summary
                • Greatest Areas of Legal Risk
                • How might they materialize?
                • What can you do to protect your company?
        Copyright takedowns, Shakedowns and the DMCA Safe Harbor
                • Pre-DMCA Copyright Law
                • Application of the DMCA
                • Response to a DMCA Take Down Notice
                • Challenges of the DMCA Safe Harbor Provisions
                • Concerns of Rights Holders

Runtime: 1 hour, 30 minutes
Recorded: February 23, 2023

For NY - Difficulty Level: For both newly admitted and experienced attorneys.


For NY - Difficulty Level: Both newly admitted and experienced attorneys

Description

In this installment of our Triple Play series, our three, thirty-minute programs cover false advertising litigation, companies discovering social media and copyright takedowns, shakedowns and the DMCA safe harbor. These days, manufacturers of nearly every consumer product under the sun are catching false advertising claims. If you make a consumer-facing product, the odds are, litigation like this is not a matter of if but when, which means, false advertising litigation is just another business risk to be managed, mitigated, and optimized. This program takes a closer look at the landscape, and offers some practical advice and key considerations for how a business might implement some systems to manage this risk. Social media can be a powerful tool for companies to help build relationships with their customers and employees. However, with the benefits of this tool come corresponding risks. If your company distributes content online, the Digital Millennium Copyright Act can be your best friend -- and your worst enemy -- often at the same time. This program gives you the advice you need to prosecute or defend online copyright infringement claims.

This program was recorded on February 23rd, 2023.

Provided By

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Panelists

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John Tehranian

Partner
One LLP

John Tehranian is a founding partner of One LLP. In his practice, he has litigated numerous high-profile lawsuits, including copyright, trademark and right of publicity disputes involving Madonna, Don Henley, B.B. King, Bettie Page, Jimi Hendrix, and Perez Hilton, among others. Variety’s 2013 Legal Impact Reportrecognized John as one of the world’s top 50 entertainment lawyers and featured him, along with noted attorneys from O’Melveny & Myers, Gibson Dunn & Crutcher, Munger Tolles & Olson, Kirkland & Ellis, and Loeb & Loeb, in its list of the top litigators in the business.

John has also been recognized as a Southern California Super Lawyer and has been named one of Orange County’s Top Five Intellectual Property Lawyers and Top Five Litigators by OC Metro. A graduate of Harvard University and Yale Law School, John began his legal career at O’Melveny & Myers LLP. He is the author of dozens of articles and two books: Infringement Nation (Oxford University Press, 2011), which the Harvard Law Review has praised for its “insightful critique of the copyright regime” and “convincing case for . . . reform,” and Whitewashed (New York University Press, 2009), which Publisher’s Weekly has lauded as a “consistently informative” work that “covers fresh legal and social territory.” His work has appeared in such publications as the Yale Law Journal, Northwestern University Law Review, George Washington Law Review, Iowa Law Review, Berkeley Technology Law Journal, and the Chronicle of Higher Education.

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Carolyn S. Toto

Partner
Pillsbury Winthrop Shaw Pittman LLP

Carolyn Toto, a Pillsbury Intellectual Property partner, litigates in state and federal courts and provides strategic counseling to optimize the value of clients’ IP portfolios. Carolyn advises technology industry leaders on all aspects of IP litigation, prosecution and portfolio management. She has successfully resolved patent, trademark, trade secret and copyright infringement cases through jury trial, on appeal and by negotiated settlement.

Carolyn has obtained protection for various technologies, including imaging systems and medical devices, in jurisdictions worldwide. Well versed in the legal issues involving social media, content distribution and advertising, Carolyn co-leads the firm’s Internet and Social Media team and manages the firm’s Social Media & Games Law Blog.

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Hannah Chanoine

Partner
O'Melveny & Myers LLP

Hannah Chanoine focuses on defending and advising companies in a diverse range of class action matters in the trial and appellate courts. Hannah began her career clerking for the Hon. Sonia Sotomayor on the Second Circuit Court of Appeals, and then served as a trial attorney in the Department of Justice, Civil Division (Federal Programs Branch) through the Attorney General's Honor's Program. Hannah received her JD from Columbia University School of Law, where she was twice named a James Kent Scholar for outstanding academic achievement. Hannah is currently member of the adjunct faculty at Columbia Law School, where she co-teaches a course on US Food Law and Policy.


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