FTC: Social Media Contests Are Endorsements, Require Disclosure

“This pin motivated by my desire to win fabulous prizes.” That’s the sort of disclaimer that participants in social media contests may need to start using under a March 20, 2014 letter ruling from the Federal Trade Commission. As I’ve written and presented about before, the FTC has been very strict in recent years about[...]

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Drafting Social Media Policies in 2014

In addition to my litigation practice, I have been drafting social media policies for clients–and advising other lawyers on how to do so–for years now.  Are they all the same?  Is there anything new to be said? No, they’re not all the same, and yes, best practices continue to evolve along with the technology.  Earlier[...]

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More From The #Jury Box: The Latest on Juries and Social Media

I’m excited to report on the latest addition to the scholarship on jurors’ use of social media. As reflected in my Wassom on Social Media e-treatise, juror misuse of social media has been rampant, and courts have tried various strategies to mitigate the problem. A new article called “More From The #Jury Box“ by U.S. District[...]

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Klout, Commercial Value, and the Right of Publicity

It was the Red Bull that got my attention.  Before then, I had “earned”” occasional “perks” through my Klout account–from brands I’d never heard of, like a new flavor of vodka or a romance novelist–but I hadn’t paid much attention to them. Red Bull, though, was a brand that meant something to me. And here[...]

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Crime and Punishment in Online Gaming Communities (Guest Post)

Patrick B. McDonald is a graduate of the University of Detroit Mercy School of Law with a passion for the law of copyright and technology.  He writes on the topic with a focus on video games and interactive media at videogamelaw.wordpress.com. It’s no secret that online gaming communities aren’t the nicest places to be.  It[...]

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A New Year Brings California Kids a Chance to Erase Their Internet Follies (Guest Post)

Christopher Anderson writes on behalf of CoverLaw, a firm specializing in business law in San Clemente, California. When he’s not writing or jamming on his Fender, he’s driving his kids crazy by monitoring their social media accounts like it’s going out of style. At some point or another, many of us have been thankful that[...]

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Organic Reach Is Better For Business in Social (Guest Post)

From Brian: In my experience applying advertising regulations, trademark laws, and the rules of unfair competition to social media, I’ve found that it’s incredibly important to understand exactly how social media actually works.  I don’t mean just knowing which buttons to push and what the difference between the @ and # signs are, although that’s the[...]

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5 Legal Pitfalls of Social Media for Lawyers (Guest Post)

 Robert H. Bohn, Jr. is a personal injury lawyer in San Jose, CA: visit his firm’s website here.  It is a definite boon for lawyers to take advantage of social networking tools on the Internet. However, there are potential ethical legal issues that a lawyer may be faced with when social networking. Most are obvious,[...]

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Facebook Confessions: Will They Hold Up In Court? (Guest Post)

Joe Suhre is the principal attorney of Suhre & Associates, LLC with offices in Chicago, Illinois, Dayton, Ohio, and Columbus, Ohio. He received a Criminal Justice degree from Xavier University and worked for 6 years as an auxiliary police officer. He later received his Juris Doctorate from the University of Cincinnati. On September 6, 2013,[...]

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Pinterest Tightens Its Rules on Contests

Last week, Pinterest–the social media juggernaut with more than 70 million users–announced a change to its Acceptable Use Policy. Going forward, the site will no longer allow business users to conduct contests that: Suggest that Pinterest sponsors or endorses them or the promotion Require people to Pin from a selection (like a website or list of[...]

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