Social Networking

Social media has quickly become a highly popular, influential, and important mode of communication, as individuals and companies alike are harnessing the immense power of the digital world. Social media’s impact goes well beyond casual conversations amongst friends. Companies are using pages to build brands and draw customers, employees are utilizing social media to post the latest information about their employers, and litigators are using information posted on popular social media sites to make or break cases.

For businesses, the variety of legal issues arising from the explosion of social media cannot be ignored. Businesses need to protect and grow company brands in addition to monitoring the negative implications of employee use and libelous postings. These issues require a keen understanding of social media platforms and technologies, as well as a strong foundation in the areas of law impacted by social media. Drawing upon an interdisciplinary team, Arnall Golden Gregory’s social media practice helps clients with social media brand management, monitoring and enforcement of intellectual property across an array of social media platforms, labor and employment concerns, and social media issues arising in litigation. 

Food and Drug

The Food and Drug Administration has issued several guidance documents to the industry about the use of social media in product promotion, such as correcting misinformation of information on third-party sites and the use of forums with space or word limitations. FDA has not issued one “magic bullet” document, but several subject-specific guidances and references to social media in other promotion-related documents. We advise clients on the use of social media, whether in clinical trial patient recruitment, disease awareness communications, or product promotion, to help navigate this ever-evolving area.

Intellectual Property

AGG counsels clients on an array of intellectual property issues presented by the use and exploitation of social media. AGG attorneys advise clients on brand development across various social media platforms, and routinely assist clients with the enforcement of their intellectual property rights across all social media platforms. AGG attorneys have advised clients regarding infringing uses, false advertising, hate speech, unfair competition, impersonation, and leaked confidential information, and AGG attorneys have successfully shut down misuses of social media by users on Facebook, Twitter, YouTube, eBay, and blogs on behalf of our clients. AGG attorneys have advised clients on the development and exploitation of applications for mobile devices and various social media technologies, as well as confidentiality and non-disclosure agreements, development agreements, patent prosecution, and trademark and brand development efforts relating to such technology.

Labor and Employment

If your company needs advice on the labor and employment issues presented by social media today, AGG attorneys can help. Our attorneys advise on and draft policies for employee use of social media, which includes analyzing the risks of negative publicity, disclosure of private customer information or trade secrets, non-compete/non-solicitation concerns, invasion of privacy, and harassment. In addition, we advise employers on the risks of terminating and disciplining employees for use of social media.

Litigation

AGG attorneys are well-versed in the broad spectrum of legal issues surrounding social media, and we can be an invaluable asset in the event that your company is involved in litigation. Specifically, AGG attorneys can handle litigation involving all manner of social media issues, including First Amendment concerns, defamation claims, copyright law (including the Digital Millennium Copyright Act), and trademark law.