So you’re settling into your new job as a litigation associate, and want to knock first impressions out of the park. You may soon find yourself conducting a privilege review. It’s not the most exciting assignment, but it can involve complex legal analysis and have important ramifications for the case.
In a court filing last week, Instagram sent a blunt message to anyone thinking of accusing it of facilitating infringement: You signed up for this. A close look at major social media platforms’ user terms shows that Instagram is not alone in acquiring broad content rights—and that’s unlikely to change.
An SEC Commissioner recently criticized “information bundling,” which occurs when companies strategically release bad news in ways that dampen or obscure the market’s reaction. In federal securities law, reliance on a company’s stock price as a measure of fines or damages against them can be problematic, because companies control the flow of information to the markets than can impact that pricing.