When can using social media get you sued in a state that you don’t live in, and may never even have visited? The “Minimum Contacts” Standard for Personal Jurisdiction That’s a question of “personal jurisdiction,” the legal term of art for a court’s right to exercise its judicial power over a specific person. Whether or[...]
Socializing Over State Lines: Social Media as a Basis for Personal Jurisdiction
Feb.15 Webinar: Social Media Legal Implications for Health Care Providers
On Wednesday, February 15, my colleagues Linda Ross and Mary Pate and I will be presenting on this topic in a webinar sponsored by the Michigan Health & Hospital Association (MHA). More information and a registration form are available here. This is our second time presenting to the MHA’s constituency, but the substance of our[...]
This Week in Social Media Law: Dec. 23, 2011
Freedom of Speech: Indian Court Tells Social Networking Sites To Remove Anti-Religious Content: bit.ly/vujBhy — Brian Wassom (@bdwassom) December 22, 2011 Does using Facebook make you ‘famous’ for First Amendment/Right of Publicity purposes? shar.es/W3GQu #fb — Brian Wassom (@bdwassom) December 21, 2011 Law Enforcement: Man Charged After Photo of Girl Bound by[...]
Government Officials Behaving Badly in Social Media
The past couple weeks has seen a rash of news stories about elected officials and public employees posting inappropriate or otherwise embarrassing comments in social media. For example: On December 8, 2011, three staffers for Rep. Rick Larsen (D-Wash.) were fired after their inappropriate tweets dating back to July came to light. Among other things,[...]
This Week in Augmented Reality
Don’t follow me on Twitter? Then you’re missing out on my daily links to new and interesting developments in the world of AR. And since Twitter’s recent redesign now makes it easier than ever to embed tweets directly into blog pages, I now bring you this summary of the news that I’ve shared this week:[...]
How I’ve Used Social Media in Trademark Litigation
I never cease to be amazed at what people will write in social media–or at how useful some of those posts can be in court. Click here to read my latest post, titled “Mining Social Network Sites for Evidence in Litigation,” which is guest-hosted on my friend Paige Mill’s blog, IP@Tennessee [& beyond]. Paige is[...]
When Do Social Marketing Pranks Go Too Far?
If you saw this post on the Facebook or Twitter stream of your friend–or your child–how would you react? I recently blogged about the FTC complaint filed against PepsiCo and Frito-Lay over its series of Doritos Late Night digital marketing campaigns. That prior post focused on the augmented reality portions of that campaign. But also[...]
Morals Clauses, Spokespeople, and Social Media
When big brands sign endorsement deals with professional athletes and other celebrities, the endorsement contract typically include a “morals clause.” This lets the company terminate the deal immediately if the spokesperson does something to sully their public image. These clauses are usually very broad, vaguely worded (with phrases like “scandal” and “public disrepute”), and give[...]
NLRB Releases Detailed Memo Summarizing Its Social Media Cases
Yesterday, August 18, the National Labor Relations Board released a memorandum authored by its Acting General Counsel, Lafe E. Solomon. The 24-page memo summarizes the facts and holdings in each of the social media-related cases his office has been involved in over the past year. It doesn’t identify the cases by name (although you may[...]
Legal Lessons Learned from the Corporate Social Media Summit
Earlier this week I had the great pleasure of attending the Corporate Social Media Summit in New York City, put on by Useful Social Media. It was a fantastic event populated by the people in charge of social media for some of the world’s biggest and most influential companies, in industries across the spectrum. [...]




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