Preventing Cyberbullying: A Practical Guide (Guest Post)

This week’s post is by parent and freelance writer Hilary Smith. If you don’t have kids, you might not have thought about cyberbullying lately – but more than twenty million teenagers (yes, that’s the right number) have been bullied online, and many of those incidents have more than one perpetrator. At the core, though, cyberbullying is[…]

Continue Reading …

Are Essential Oil Pins Deceptive Advertising?

Of all the social media legal issues I’ve covered, this one hits the closest to home. I first learned about it from my wife, who sells doTERRA brand essential oils and who enjoys pinning information about them to her Pinterest boards. So imagine her unpleasant surprise when she logged in one recent day to discover that[…]

Continue Reading …

FTC Responds to Questions on Social Media Endorsements

|In 2009, the Federal Trade Commission put the social media world on edge when it released updated Endorsement Guidelines that made it clear that they were watching social media for deceptive and misleading endorsements. Companies doing social media marketing set about experimenting (some successfully, some not) with various ways to convey the required disclosures in as few[…]

Continue Reading …

Social Reading Raises New Copyright and Publicity Rights Issues

The following is paraphrased from a talk I gave at the International Digital Publishing Forum’s 2015 Digital Book Conference in Manhattan. Recent Innovations in Social Reading “Social reading” is a publishing industry buzzword that has come to encompass a variety of methods for using digital platforms to expand the reading experience. This includes such simple features[…]

Continue Reading …

Digital Evidence: Discovery, Authentication, and Admissibility

Earlier this week, I had the privilege of presenting two Continuing Legal Education sessions for Michigan judges on the topic of social media and other digital evidence. We reviewed the various use cases in which lawyers most often rely on digital evidence; the various methods used to regulate discovery of social media posts; the challenges[…]

Continue Reading …

From the Archives: Common Law Invasion of Privacy Claims in Social Media

This article was originally published on July 2, 2013, and remains one of the most popular articles in this blog’s history.  It principally authored by Adrean S. Taylor, a student at the University of Michigan Law School and a 2013 summer associate at Honigman Miller Schwartz and Cohn LLP. The overall issue for courts addressing common[…]

Continue Reading …

My Top Posts in 2014

Not wanting to miss the bandwagon of year-end blogging, I present the following list of my most popular posts in 2014. The one you liked best from this year was Augmented Reality Gamer Detained By Police, which detailed the first reported (by someone else) instance of police finding an AR gamer’s activities sufficiently suspicious to warrant temporary detention. I[…]

Continue Reading …

LinkedIn Lawsuit Again Shows Personal Relationships Can Have Commercial Value

I have argued for years that social media will help redefine and expand the right of publicity–that common-law right to control the commercial exploitation of one’s personal identity–because the entire medium is premised on users’ identities. We saw a major milestone in this regard with the 2011 decisions in Cohen v. Facebook and Fraley v.[…]

Continue Reading …

Instagram Harassment Justifies a PPO

As has been extensively reported, the Supreme Court recently heard argument on a case involving threats made on Facebook, which raises the question of where the line is between free speech and criminal liability. But this is not a one-time-only issue. Courts across the country deal with the consequences of unchecked online speech all the[…]

Continue Reading …

Read What You Click – Courts Are Enforcing Online Arbitration Provisions

Two courts at opposite ends of the country have upheld online arbitration contracts in recent months. I’ve previously written about the hesitance some courts have had to enforce “click-wrap” arbitration provisions unless the person has actually seen and read the terms of the agreement. As ecommerce becomes an increasingly important facet of our everyday lives, however, some courts seem[…]

Continue Reading …