Social Media and Faculty Discipline [GUEST POST]

This post was principally authored by Andrew M. Pauwels, a student at the University of Notre Dame Law School and a 2013 summer associate at Honigman Miller Schwartz and Cohn LLP. Facebook and other social media sites are not just for the young.  For adults, social media offers something more than simply a chance to keep in[...]

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Common Law Invasion of Privacy Claims in Social Media [GUEST POST]

This article was 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 law privacy claims is to determine if and when there is a reasonable expectation of privacy for the online[...]

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Social Media Terms of Service: Venue and Arbitration Clauses [GUEST POST]

This post was primarily authored by David Axelson, a student at the Loyola University Chicago School of Law and a 2013 summer associate at Honigman Miller Schwartz and Cohn LLP. When Internet users create social media accounts, they usually subject themselves to lengthy contractual terms that they do not read.  In a rush to join the[...]

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Forming and Breaching Contracts in 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. Social media allows businesses to communicate with clients and other businesses in a way that was not possible in the past.  Unfortunately, this ease of communication comes[...]

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Can a Court Force Me to Disclose My Facebook Password?

This post is excerpted from the upcoming e-treatise “Wassom on Social Media Law.” We’ve heard a lot in the news lately about forced disclosure of Facebook passwords.  Almost all of the discussion has focused on new laws that states across the country have passed to prevent employers and schools from forcing employees and students to[...]

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Trademarks, Likelihood of Confusion, and Social Media

Trademark law in the United States has one overarching goal: to prevent consumers from being confused over the source of a product or service.  The function of a trademark is to communicate to the marketplace who is offering the good or service.  So, for example, when I’m driving down the road and spy the Golden[...]

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Can Facebook Spam Be Canned?

Maria Martinez co-authored this post. She is a law student at the University of Michigan and served as an intern to the Hon. Mark A. Goldsmith, U.S. Dist Ct., E.D. Mich. Congress was about as close as that body comes to the cutting edge when it passed a law to combat email spam in 2003.[...]

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Consumer Protection in Social Media

At this week’s New Media Expo / BusinessNext (formerly BlogWorld) conference in Las Vegas, I spoke on a panel called “Social Media and the Law: Emerging Legal Issues and Obligations.” My portion of the talk  was dedicated to consumer protection issues.  For those who couldn’t be there, here’s a summary of what I discussed. Consumer[...]

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How Social Media Law Developed in 2012

In January of this year, I wrote an article for Mashable called “5 Predictions for Social Media Law in 2012.”  As the year comes to a close, I’m happy to report that all five came true.  Let’s take a look: 1.  Facebook Litigation Brings New Attention to the Right of Publicity.  A year ago, a[...]

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Persuading Facebook to Remove Misleading Pages

I recently had success in persuading Facebook to take down a Page dedicated to criticizing a client.{*}  In the process, I learned a few things about what Facebook finds persuasive in takedown requests. The Page in question used the phrase that our client uses as a trade name and service mark–let’s call it TRADEMARK–as the[...]

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