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[…]

Continue Reading …

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[…]

Continue Reading …

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[…]

Continue Reading …

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,[…]

Continue Reading …

Publicity Rights in Facial Recognition and Other Biometric Data

Widespread use of facial recognition technology is inevitable. To date, industry–leading companies have shown remarkable restraint in implementing such features. Google has banned facial recognition apps on its Glass headset, and Facebook has refrained from rolling out the technology to the degree that it could, although it’s inching further in that direction. But as digital[…]

Continue Reading …

Non-Solicitation Clauses and Social Media (Guest Post)

This article was principally authored by Nola Garcia, a student at Michigan State University College of Law and a 2012-13 summer associate at Honigman Miller Schwartz and Cohn LLP. A growing body of case law addresses the use of social media to solicit customers or employees from previous employers.  Generally, courts have held that inviting former[…]

Continue Reading …

Judge’s Anti-Facebook Rant Gets Child Pornographer’s Sentence Vacated

child porn

With all the warnings I give about saying too much online, it’s also important to remember that what we say offline has consequences as well. Senior Judge Warren W. Eginton of the United States District Court for the District of Connecticut was recently reminded of that fact by the Court of Appeals for the Second[…]

Continue Reading …

Authentication of Social Media Evidence [Guest Post]

This article was primarily authored by Scott Milligan, a law student at the Michigan State University College of Law and a 2013 summer associate at Honigman Miller Schwartz and Cohn LLP.  Because email and social media accounts can be created so easily, it is difficult to know who actually is responsible for the content of the[…]

Continue Reading …

Social Media and Judicial Ethics [GUEST POST]


This article was primarily authored by Scott Milligan, a law student at the Michigan State University College of Law and a 2013 summer associate at Honigman Miller Schwartz and Cohn LLP. This article will examine a judge’s use of social media by narrowing the discussion to Facebook and Twitter.  Other platforms, such as Linked in and[…]

Continue Reading …

Service of Process Via Social Media – a Comparative Approach [GUEST POST]


This article was written by Lee Swales, a Lecturer at Varsity College and Consultant to V O’Connell Inc. Attorneys in Durban, South Africa.  He authors the Social Media and Regulatory Law Blog. Social media and technology have cast a wide net; service of legal process via non-traditional means, such as Facebook, is now permissible in many[…]

Continue Reading …