I recently wrote about the enforceability of online arbitration agreements. Now there’s a new law on the books that may affect many online – and real-world – contracts in California. On September 9, 2014, California Governor Jerry Brown signed a law banning non-disparagement clauses in consumer contracts. So what does this have to do with Yelp? And can a business prevent bad reviews?
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Archives: New Media Law
Social Media Law: Can an Employee be Fired for a Facebook Like?
September 9, 2014
Time for another social media law update. Last year a federal appeals court ruled that Facebook “Likes” are speech protected by the First Amendment. Now the National Labor Relations Board has issued a ruling concerning an employee who was fired for liking another employee’s Facebook status update – which, as you might expect, was critical of the company.
When are Online Arbitration Agreements Enforceable?
September 3, 2014
Do you read the Terms of Use every time you buy something online? It’s OK, neither do I. Those Terms of Use often include provisions requiring any dispute to go to arbitration rather than a jury trial in a court. Are online arbitration agreements always enforceable?
Using Copyright to Suppress Criticism?
August 11, 2014
Most artists don’t like to be criticized. Is it going too far to use the tools of copyright to suppress criticism of one’s art? That’s the discussion going around about comics artist Randy Queen and his use of Digital Millennium Copyright Act (DMCA) takedown notices against Escher Girls, a blog that challenged Queen’s depictions of female anatomy.
