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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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[...]

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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[...]

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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[...]

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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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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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