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Monday, January 09, 2012

5 Predictions for Social Media Law in 2012

 2011 saw a big jump in lawsuits and court decisions stemming from social media activity. As more of our social and commercial interactions move into the online social space, we can expect this trend to continue — with new law being made in the process. Here are five ways that social media law is likely to evolve over the next year.


1. Facebook Litigation Brings New Attention to the Right of Publicity
   Stop any three random people on the street and ask them what the “right of publicity” is.
 
2. Better Guidance on “Concerted Activity”
   The National Labor Relations Board dropped a bombshell on employers this year by taking            dozens of them to court for firing employees based on their social media posts.
 
3. Standardized Privacy Rules
   Facebook also made the legal news in November of this year by agreeing to submit to audits of    its privacy practices by the Federal Trade Commission for the next 20 years
 
4. More Use of Social Media Evidence in Courts
   Lawyers have woken up to the treasure trove of evidence that social media offers them.
 
5. No Brightlines to Govern Students’ Use of Social Media
   One of the most actively litigated issues in social media law right now is the question of when      public schools can discipline students for what they write online.

 
To read the full article go to: http://mashable.com/2012/01/05/social-media-legal-predictions/


By Brian D. Wassom. Mr. Wassom is a commercial litigation attorney and a partner at Honigman Miller Schwartz and Cohn LLP in Detroit, Mich. He practices intellectual property and media law, and also authors a blog on the law of social and emerging media at wassom.com.


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