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Lalchandani Simon Associate Gina Giacusa Spoke at the 7th Annual Nova Southeastern University Sports & Entertainment Law Symposium

April 09, 2014  |   News  

Lalchandani Simon Associate Gina Giacusa was a panelist at the Seventh Annual Nova Southeastern University Sports and Entertainment Law Symposium that was held this past Saturday, April 5th. Gina spoke on the Social Media Rights and The Communications Decency Act Panel.  A few of the main points the panel touched on were: 

  1. * Social Media in the Workplace– Employees have a right to engage in concerted activity via social media mediums.  With that in mind, employers should avoid adopting broad social media policies that discourage employees’ abilities to exercise their rights.
  2. * Twibel– Courtney Love is the first person in the US to go to trial over a libelous tweet.  While she was able to obtain a favorable verdict of “not guilty”, the true importance of the case is that it gives legitimacy to Twitter as a publishing platform in the eyes of the law.  The favorable verdict does not mean, however, that individuals are free to say whatever they want on Twitter without fear of repercussion.
  3. * Communication Decency Act(CDA)– While Section 230 of the CDA protects providers of internet services from legal liability for words and/or acts of third parties, this immunity is only applicable so long as the providers of these internet services are in no way actively involved in the unlawful activity.
  4. * “Revenge Porn” Legislation– Sometime this month, Democratic Representative of California Jackie Speir is expected to propose legislation to make “revenge porn” a federal 
  5. crime.  If passed, “revenge porn” would not fall under the protection of Section 230– meaning providers of internet services would not be immune.
  6. * Social Media & Intellectual Property– When policing their intellectual property on social media platforms, intellectual property owners should implement monitoring systems and pick
    their battles carefully.  In certain instances, backlash and the “Streisand Effect” can be far more damaging than the actual IP infringement.
  7. * Social Media & Individual Privacy–  While 68% of individuals say they understand bank credit card agreements, which are generally dense and hard to understand, only 36-39% of individuals say they understand Facebook’s privacy policy.  The confusion factor surrounding privacy policies of social media platforms is concerning and it is becoming clear that there needs to be a better balance of protecting the social media platforms while also addressing issues of user confusion when faced with these policies.

Gina Giacusa, focuses her practice in the areas of intellectual property and technology law.  She counsels clients in various industries including technology, social media, data security, healthcare, pharmaceuticals, finance, banking, accounting, real estate, hospitality, marketing and advertising.  Additionally, Giacusa also focuses on the areas of entertainment and sports law. Giacusa graduated from the University of California-Berkeley School of Law.  She co-founded the Berkeley Journal of Entertainment and Sports Law, Berkeley Law’s first journal to be solely based on an online platform.  As co-founder of the journal, Giacusa assisted in all aspects of developing the new initiative, including creating a successful business model, establishing relationships with legal scholars and practitioners in the field, and publishing the journal’s first issue during her last semester of law school.  Giacusa was also an articles editor for the prestigious Berkeley Technology Law Journal.