Social media sites are transforming not only the daily lives of consumers, but also how companies interact with consumers. Here at Morrison Foerster, across all of our practice groups, we are seeing complex, cutting-edge legal issues arising out of social media. As with the Internet boom during the mid-to-late 1990s, social media is generating new legal questions at a far faster pace than the law’s ability to provide answers to such questions. In an effort to stay on top of these emerging issues, and to keep our clients and friends informed of new developments, Morrison Foerster publishes this blog devoted to the law and business of social media.<h2>ABOUT MORRISON FOERSTER</h2>Morrison Foerster is a leading global law firm that transforms complexity into advantage for its clients. Our clients include some of the largest financial institutions, banks, consulting and accounting firms, and Fortune 100, technology, and life sciences companies. Highlighting the firm’s commitment to client service, leadership in market-changing deals and impact litigation, and values-based culture, Morrison Foerster has been repeatedly recognized as one of the top 10 firms on The American Lawyer’s A-List. Year after year, the firm receives significant recognition from Chambers and The Legal 500 across their various guides, including Global, USA, Asia‑Pacific, Europe, UK, Latin America, and FinTech Legal. Our lawyers passionately care about delivering legal excellence while living our values. Morrison Foerster has a long-standing commitment to creating a culture that respects and celebrates differences, while providing an inclusive environment. The firm has achieved Mansfield Certification Plus since 2018 as a result of successfully reaching at least 30 percent women, communities of color, and LGBTQ+ lawyer representation in a notable number of current leadership roles and committees. The firm also has a long history of commitment to the community and society through providing pro bono legal services, including litigating for civil rights and civil liberties, improving public education and fostering the wellbeing of children, advocating for veterans, promoting international human rights, enforcing the right to asylum, and safeguarding the environment.

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Aaron is the chair of the firm’s Technology Transactions Group and co-chair of the Interactive + Digital Media Group. He advises clients on a wide range of complex transactions involving intellectual property and technology, including structuring and negotiating strategic licensing, development, collaboration, procurement, and distribution deals.Aaron’s practice focuses on advising both established and emerging companies in a variety of data- and technology-intensive sectors, including software, SaaS, cloud-based technology, digital media (social media, AR/VR, gaming, streaming media, AdTech), AI, healthcare, consumer electronics, e-commerce, other online business models, and mobile applications. He also maintains an active practice counseling companies on branding and marketing, trademark licensing, and content-related transactions, as well as the intellectual property aspects of mergers, acquisitions, asset spin-offs, and private equity investments.He has represented clients such as Autodesk, Meta, OpenAI, Splunk, Konami, Kaiser Permanente, SoftBank, Visa, and Yahoo, among others.Aaron has been recognized by numerous publications for his work on market-defining technology transactions. He is currently ranked by Chambers USA for “Technology Transactions.”Aaron also serves as co-editor of Socially Aware, the firm’s award-winning newsletter and blog devoted to the law and business of social media, and regularly publishes on various IP and technology-related topics. Aaron is also a sought-after speaker on new and emerging areas of law, and is a frequent presenter and panelist at conferences and legal services programs. In addition to his active practice, Aaron regularly provides pro bono assistance to various nonprofit and charitable organizations such as Common Sense Media and the Starlight Children’s Foundation. He is a member of the board of directors of California Lawyers for the Arts.While in law school at the University of California, Berkeley, Boalt Hall School of Law, Aaron served as executive editor of the California Law Review and was elected to the Order of the Coif. Following law school, Aaron served as law clerk to the Honorable William H. Orrick and the Honorable Martin J. Jenkins, both United States District Judges for the Northern District of California.

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Aaron is the chair of our Technology Transactions Group. He advises clients on a wide range of complex transactions involving intellectual property and technology, including structuring and negotiating strategic licensing, development, collaboration, procurement, and distribution deals. Aaron’s practice focuses on advising both established and emerging companies in a variety of data– and technology–intensive sectors, including software, SaaS, cloud computing, AR/VR, AI, gaming, healthcare, consumer electronics, social media, e–commerce, other online business models, and mobile applications. He also maintains an active practice counseling companies on the intellectual property aspects of mergers, acquisitions, asset spin–offs, and private equity investments.

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Lawrence Gallick is of counsel in the firm’s Austin office and a member of the Technology Transactions Group.Lawrence focuses his practice on technology transactions and licensing matters. His diverse experience includes advising on SaaS agreements, cross-licensing agreements, research and collaboration agreements, development agreements, and distribution agreements. He counsels a broad range of companies across the software, hardware, life sciences, biotech and FinTech spaces, as well as other entities including universities.He advises clients in connection with general corporate matters including contract negotiations, and leasing and technology placement agreements.Lawrence also serves as co-editor of <a href="https://www.sociallyawareblog.com/" target="_blank">Socially Aware</a>, the firm’s award-winning newsletter and blog devoted to the law and business of social media, and regularly publishes on various IP and technology-related topics.Prior to joining the firm, Lawrence was counsel at another major law firm. Before earning his law degree, Lawrence was a web consultant, project manager, and web developer in Portland, Oregon, where he managed and consulted on projects using industry methodologies and performed custom development and integration of content management systems.Lawrence was named a Super Lawyers “Rising Star” in 2015 and 2018–2022, and is licensed in both California and New York. Lawrence earned his J.D. from the University at Buffalo School of Law, where he was the electronic systems editor for the Buffalo Law Review and awarded the ABA-BNA Award for Excellence in the Study of Intellectual Property Law.

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Anthony Ramirez is a partner in the Technology Transactions Group in the New York office of Morrison Foerster.Anthony advises clients on general commercial and transactional matters. He regularly advises companies on the IP aspects of their M&A transactions. His clients include technology, digital media and content for television and music, financial services, and communications companies with diverse intellectual property assets and issues.His practice focuses on the legal aspects of developing, licensing, and commercializing technology and intellectual property, as well as negotiating general commercial contracts, including outsourcing transactions, as well as content and data licenses. He regularly assists clients with legal issues relating to licensing and commercialization of digital media and content, digital content that is distributed over the Internet or streamed, mobile applications and social media, as well as the licensing of recorded music for distribution via digital platforms. Anthony is also experienced with issues relating to open-source software, software development, artificial intelligence and machine learning, cloud-based technology, and protection of proprietary information.Anthony has extensive experience working on matters involving disruptive technologies, such as blockchain. He has helped fintech clients with general intellectual property issues in connection with terms of service for online financial products and services.Anthony is an integral part of the outside pro bono legal team for nonprofit organizations based in New York, including advising clients on legal issues regarding entertainment, social media, privacy rights, and the negotiation of outsourcing and service agreements. Anthony received his J.D. from the University of Michigan Law School in 2009. He received his B.S. from Cornell University in 2004.

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Anthony Ramirez is a partner in the Technology Transactions Group in the New York office of Morrison Foerster. He advises clients on general commercial and transactional matters. His clients include technology, media, and communications companies with considerable intellectual property assets. His practice focuses on the legal aspects of licensing and commercializing technology and intellectual property, as well as negotiating general commercial contracts. He also regularly assists clients with legal issues relating to mobile applications and social media.

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Socially Aware is devoted to the law and business of social media, proactively addressing emerging issues and keeping our clients informed of new developments. We cover fields such as artificial intelligence, privacy and data security, Section 230, intellectual property, and much more.

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OK, <a href="https://www.sociallyawareblog.com/" target="_blank" rel="noopener">Socially Aware</a> readers, we’ve got a pop-culture quiz for you today. How many of the following names are familiar to you?<ol><li>Smosh</li><li>The Fine Brothers</li><li>PewDiePie</li><li>KSI</li><li>Ryan Higa</li></ol>If any of those monikers rings a bell, we’re guessing you’re a millennial, the parent of a millennial or a marketer who targets millennials. Those of us who don’t fall into any of those categories might be surprised to learn that, <a href="http://variety.com/2014/digital/news/survey-youtube-stars-more-popular-than-mainstream-celebs-among-u-s-teens-1201275245/" target="_blank" rel="noopener">according to a survey conducted for Variety by a celebrity brand strategist</a>, the people on the above list are the five most influential celebrities among U.S. teens aged 13-17. These celebrities are unfamiliar to most of us because they didn’t rise to fame in the mainstream media but on social media—YouTube, specifically.The brand strategist conducting the survey, Jeetendr Sehdev, presented 1,500 teenage respondents with the names of the ten most popular English-language YouTube personalities (based on the number of their subscribers and video views) and the names of the ten mainstream media celebrities with the greatest clout among 13- to17-year-olds (as determined by an accepted set of criteria used to measure consumer appeal).In an effort to compare the 20 celebrities’ influence, Sehdev then asked the respondents to rate these celebrities based on several criteria, such as authenticity and approachability. Based on the teens’ responses, all 20 public figures were ranked. Six of the top ten were social media personalities. The respondents’ comments revealed that, for the teens, the rawness of the YouTube celebrities’ appearances translated into trustworthiness.The lesson for marketers is obvious: When you’re vying for teens’ time, attention and allowance money, your spokesperson shouldn’t be overly polished, and your message shouldn’t be overly produced. Otherwise, your target audience will feel like the endorsement is disingenuous—a quality that’s unlikely to make them ask their parents for the credit card.Of course, advertisers enlisting these or any other YouTube stars to promote products and services need to be aware of the Federal Trade Commission’s (FTC) <a href="https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf" target="_blank" rel="noopener">Endorsement Guides</a> and related legal concerns; <a href="https://www.sociallyawareblog.com/2014/12/03/ftc-enforcement-action-confirms-that-ad-disclosure-obligations-extend-to-endorsements-made-in-social-media/" target="_blank" rel="noopener">as we’ve discussed on this blog</a>, the FTC takes the position that, where a social media influencer endorses a company’s products or services in return for consideration from such company, such consideration needs to be clearly disclosed in order to avoid deceiving consumers.By the way, here’s the entire Variety list, complete with the occupations of the listed celebrities (so you can feel like you’re in the know):<ol><li>Smosh (comedy duo)</li><li>The Fine Brothers (producers, writers and directors known for their React video series)</li><li>PewDiePie (Swedish producer of Let’s Play videos)</li><li>KSI (English video game commentator)</li><li>Ryan Higa (YouTube personality and actor)</li><li>Paul Walker (American television and film actor)</li><li>Jennifer Lawrence (American film actor)</li><li>Shane Dawson (American YouTube personality, actor, comedian, and film director)</li><li>Katy Perry (American singer, songwriter and actor)</li><li>Steve Carell (American actor)</li><li>Seth Rogan (American actor)</li><li>Betty White (American actor)</li><li>Vin Diesel (American actor, filmmaker and producer)</li><li>Johnny Depp (American actor)</li><li>Daniel Radcliffe (English actor)</li><li>Jenna Marbles (American entertainer and YouTube personality)</li><li>Michelle Phan (American make-up demonstrator and entrepreneur)</li><li>Ray William Johnson (American video blogger, producer and actor)</li><li>Bethany Mota (American video fashion-blogger)</li><li>Leonardo DiCaprio (American actor)</li></ol>Yes, 93-year-old Betty White is up there, only a couple of rungs beneath the top ten. Feel better now? We sure do.

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Are You Socially Aware? Take Our Millennial Influencers Quiz

Are You Socially Aware? Take Our Millennial Influencers Quiz

OK, Socially Aware readers, we’ve got a pop-culture quiz for you today. How many of the following names are familiar to you? Smosh The Fine Brothers PewDiePie K

Boxing fans eagerly awaited the May 2, 2015, championship match between boxers Floyd Mayweather, Jr. and Manny Pacquiao. But the fight also drew the interest of those following online video apps Meerkat and Periscope. Launched at the end of February 2015, <a href="http://time.com/3742746/meerkat/" target="_blank" rel="noopener">Meerkat</a> is a livestreaming iPhone app that allows Twitter users to stream videos from their phones to their Twitter accounts in real time. The Periscope app, which <a href="http://www.usatoday.com/story/tech/columnist/baig/2015/03/26/twitter-periscope-poses-livestreaming-challenge-to-meerkat/70469808/" target="_blank" rel="noopener">Twitter acquired in January for a reported $100 million</a>, provides similar livestreaming functionality, though Periscope’s streams remain online for playback for an additional 24 hours, while Meerkat’s streams can only be watched live or saved to users’ individual camera rolls.As joint producers of the Mayweather-Pacquiao fight, premium networks HBO and Showtime had exclusive rights to transmit the event live. Unless you had a ticket to the MGM Grand in Las Vegas, the only authorized way to view the fight was on pay-per-view at a cost of up to $100. Some fans, however, avoided the pay-per-view fee by watching livestreams of the event through Meerkat and Periscope. A number of Meerkat and Periscope users streamed the fight either from their seats at the arena or, more commonly, simply by pointing their phones at their television screens. Although a livestream of a TV screen may not provide great quality, it was apparently <a href="http://marketingland.com/meerkat-periscope-pirate-pacquiao-mayweather-fight-127356" target="_blank" rel="noopener">good enough for viewers to figure out what was happening in the fight</a>. At least <a href="http://marketingland.com/meerkat-periscope-pirate-pacquiao-mayweather-fight-127356" target="_blank" rel="noopener">one stream was reported to have over 6,000 people</a> watching at one point. Assuming a pay-per-view charge of $100 per viewer, that meant $600,000 of pay-per-view fees not being paid to HBO and Showtime.Prior to the fight, HBO and Showtime had already taken steps to prevent piracy from eating into their pay-per-view revenues. Five days before the fight, <a href="http://www.hollywoodreporter.com/thr-esq/showtime-hbo-have-sued-streaming-792132" target="_blank" rel="noopener">Showtime and HBO filed a complaint</a> in the Central District of California against nine websites advertising that they would stream the fight for free. In the complaint, the plaintiffs, as the copyright owners of the coverage to be filmed by the single authorized camera crew, alleged direct, contributory and vicarious copyright infringement and asked for an injunction prohibiting defendants from “hosting, linking to, distributing, reproducing, performing, selling, offering for sale, making available for download, streaming or making any other use of the [c]overage.” The plaintiffs also asked for damages and attorneys’ fees. On April 28, 2015, the court granted plaintiffs’ request for a temporary restraining order and ordered the defendants to show cause why the terms of the temporary restraining order should not be entered as a preliminary injunction.But HBO and Showtime were unable to take similar preventive action against piracy by individual users of Meerkat and Periscope. However, after the streams began appearing, they did issue takedown requests to Periscope under the <a href="http://www.copyright.gov/onlinesp/" target="_blank" rel="noopener">notice and takedown procedures</a> of the Digital Millennium Copyright Act (DMCA). <a href="http://marketingland.com/twitter-periscope-piracy-127444" target="_blank" rel="noopener">According to a Twitter spokesperson</a>, Periscope, which operates independently of Twitter, received 66 takedown requests and took action against 30 broadcasts in response to the requests; the remaining Periscope streams had already ended or were no longer available. Compared to Periscope, Meerkat presents even greater challenges for broadcasters when it comes to policing piracy, because everything on Meerkat is live and there is no storage of streams for future viewing. As such, the policing of Meerkat streams requires real-time vigilance and action (indeed, it is unclear to what extent if any the DMCA’s notice and takedown procedures would apply to Meerkat’s current business model). <a href="http://www.bbc.com/news/technology-32584454?ocid=socialflow_twitter" target="_blank" rel="noopener">According to Meerkat chief executive Ben Rubin</a>, however, “[Meerkat] worked closely with the content owners and contacted users they alerted us about.”The Mayweather-Pacquiao fight was not HBO’s first time in the ring with Periscope on piracy issues. In mid-April 2015, HBO sent takedown notices to Periscope after Periscope users livestreamed episodes of the HBO show Games of Thrones. Periscope reportedly took action against the infringing account holders.All of this sparring between content owners and users of livestreaming apps highlights the tension between the legitimate interests of content providers in preventing piracy and the equally valid interests of technology companies (and the general public) in encouraging the growth of this new technology. For its part, HBO has <a href="http://www.bbc.com/news/technology-32315442" target="_blank" rel="noopener">suggested</a> that DMCA takedown notices may not be sufficient and that app developers should “have tools which proactively prevent mass copyright infringement from occurring on their apps and not be solely reliant upon notifications.” Others have <a href="http://variety.com/2015/digital/opinion/periscope-piracy-sets-up-grudge-match-hollywood-vs-twitter-1201486298/" target="_blank" rel="noopener">opined</a> that livestreaming apps should develop tools like Google’s Content ID system, which automatically scans videos uploaded to YouTube against a database of files submitted by verified content owners and gives the owners the option of muting, blocking, monetizing or tracking the content.It should also be noted that, depending on the circumstances and content being streamed, users of livestreaming apps may also be able to assert a fair use defense under <a href="https://www.law.cornell.edu/uscode/text/17/107" target="_blank" rel="noopener">Section 107 of the US Copyright Act</a>. For example, it would not be difficult to imagine a case similar to <a href="http://scholar.google.com/scholar_case?case=2209471029398314909&q=Lenz+v.+Universal&hl=en&as_sdt=2006&as_vis=1" target="_blank" rel="noopener">Lenz v. Universal</a> arising in the livestreaming context. In Lenz, Universal Music Publishing Group objected to a YouTube video uploaded by Stephanie Lenz that showed her children dancing along to the Prince song “Let’s Go Crazy.” Universal issued a DMCA takedown notice to YouTube and Ms. Lenz sent a counter-notice claiming fair use. Eventually YouTube restored the video, and the litigation between Ms. Lenz and Universal continues to this day. The difference, of course, is that issues of fair use (and takedown notices and counter-notices) will quickly become moot in the livestreaming context due to the ephemeral nature of the medium.Only time will tell how long and how violent the fight between content owners and users of livestreaming apps like Periscope and Meerkat will be. At least for the moment, however, it does not seem that the content owners within the mainstream entertainment industry are immune to the commercial and promotional opportunities that livestreaming apps offer. In an ironic twist, <a href="http://variety.com/2015/digital/opinion/periscope-piracy-sets-up-grudge-match-hollywood-vs-twitter-1201486298/" target="_blank" rel="noopener">HBO itself used Periscope as part of its pre-fight hype</a>, streaming content to its Twitter feed from Manny Pacquiao’s dressing room.

Aaron is the chair of the firm’s Technology Transactions Group and co-chair of the Interactive + Digital Media Group. He advises clients on a wide range of complex transactions involving intellectual property and technology, including structuring and negotiating strategic licensing, development, collaboration, procurement, and distribution deals.

Aaron Rubin

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Rolling With the Punches: The Fight Over Livestreaming

Rolling With the Punches: The Fight Over Livestreaming

Boxing fans eagerly awaited the May 2, 2015, championship match between boxers Floyd Mayweather, Jr. and Manny Pacquiao. But the fight also drew the interest of

Social media accounts can be “property of the estate” in a bankruptcy case of a business, and thus belong to the business, even when the contents of the accounts are intermingled with personal content of managers and owners. This principle was recently confirmed by the Bankruptcy Court for the Southern District of Texas in In re CTLI, LLC (Bankr. S.D. Tex. Apr. 3, 2015), which featured a battle among equity holders over Facebook and Twitter accounts promoting a business called Tactical Firearms.Tactical Firearms was a gun store and shooting range. Prior to filing for bankruptcy, the business had used <a href="https://www.facebook.com/pages/Jeremy-Alcede-Entrepreneur/142934489112780?pnref=lhc" target="_blank" rel="noopener">Facebook</a> and <a href="https://twitter.com/jeremyalcede" target="_blank" rel="noopener">Twitter</a> accounts in its marketing. The original majority shareholder and managing office, Jeremy Alcede, had mixed his quasi-celebrity personal activities and personal politics with the promotion of the business, frequently taking to Facebook and Twitter for both personal purposes and for the promotion of the business. When the company filed for bankruptcy, Alcede ultimately lost ownership and control of the company to another investor through a Chapter 11 plan of reorganization.Despite the loss of the business, Alcede fought to retain control over the Facebook and Twitter accounts. However, although he had changed the names of the accounts to reflect his personal name rather than that of the company, the Bankruptcy Court held that the accounts belonged to the business. The court applied Bankruptcy Code § 541, which provides that a bankruptcy estate includes “all legal or equitable interests” of a debtor, in holding that the social media accounts belonged to the debtor and thus constituted property of the bankruptcy estate.As the court recognized, Alcede had originally created the Tactical Firearms business, and the accompanying social media accounts, as “an extension of his personality” and, “like many small business owners, closely associated his own identity with that of his business.” The court, however, rejected Alcede’s definitions of “personal” versus “business related” media posts, finding that the best marketing for business through social media is “subtle” and can involve the use of celebrities to promote the business.The core results of the CTLI decision were as follows:<ol><li>Rejecting Alcede’s property and privacy arguments, the court determined that the social media accounts were property of the bankruptcy estate, much like subscriber or customer lists, despite some intermingling with Alcede’s personal social media rights. The court then exercised various remedies and contempt powers to protect the successor-owned business from Alcede’s further interference and to assure that the successor could take control of the assets, including requiring delivery of possession and control of passwords for the accounts.</li><li>The court concluded that the “likes” that the Facebook page received belonged to the bankrupt entity, even though Alcede had registered as a Facebook user and page administrator with his personal Facebook profile. The court noted that Tactical Firearms had a Facebook page that was (a) directly linked to the Tactical Firearms web page, (b) used by Alcede and certain employees to post status updates for promoting the business, and (c) created in the name of the business rather than (until it was later improperly changed) in the name of the individual. Personal content interjected into the business page content did not change that result. Additionally, business messages to customers were communicated through the Facebook page and business-related posts.</li><li>The court noted that, while the business content on Tactical Firearms’ Facebook page had to be accessed through Alcede’s personal Facebook profile, which he had created as the registered administrator, that fact was not controlling. The business pages could be managed by multiple individuals with their profiles, and access to personal information was not necessary to manage those business pages.</li><li>The court also held that the Twitter account belonged to the business, given that the Twitter handle was “@tacticalfirearm” and that the account description included a description of the business.</li><li>The court also rejected Alcede’s privacy concerns by analogizing to cases finding that parties had waived the attorney-client privilege by sharing privileged information with non-clients, or to cases where an employee used the employer’s computer system and thereby waived privacy rights as to personal emails. Because the social media accounts were for the benefit of the business, Alcede lost any personal privacy right in his content and was forbidden to modify either the Facebook or Twitter account by adding or deleting any material.</li></ol>Therefore, the court ordered Alcede to transfer control of the account to the new owner of the reorganized business.The decision is noteworthy because disputes regarding social media assets, like many other rights newly created in the digital age, have generally been addressed below the public radar in bankruptcy cases and other commercial settings. This is changing, and parties in bankruptcy cases and related proceedings are increasingly focused on capturing the value of these kinds of assets.CTLI also highlights the need to properly structure and document the various rights associated with social media accounts, as is customarily done with the intellectual property rights of inventors, authors and other creators of content or employees who are providing innovation to the business that employs them. The decision illustrates that equity holders and managers should discuss and plan for how to deal with their separate assets in advance of bankruptcy or other litigation.Even if an individual wishing to preserve and shield his or her personal social media assets from related business entities has properly structured the use of the assets, a variety of other issues may arise in that individual’s personal bankruptcy. In such a case, most of his or her personal social media assets would be subject to the bankruptcy and could be lost in sales for the benefit of creditors. Other social media issues that arise in bankruptcy cases of individuals are also worth considering. For example:<ul><li>Exempt Assets. Only individuals (as opposed to business entities) can have personal assets that are exempt from the reach of creditors in bankruptcy. A social media account or blog and its copyrighted material could be argued to be a “tool of the trade” for a blogger and thus be exempt; however, even if that argument were to succeed (perhaps unlikely), most exemptions in bankruptcy are capped at a very low value, and the statutory exemptions are usually narrow and predate more modern classes of assets. Exemptions are thus unlikely to protect these accounts.</li><li>Automatic Stay. When a bankruptcy case is filed, all acts against a debtor or its assets, including litigation against a debtor or efforts to take control of its property, are automatically stayed. However, secured lenders, who often have blanket liens on all of a borrower’s assets (including social media assets), may have the ability to get relief from the automatic stay in order to foreclose on assets or pursue other remedies.</li><li>Rights of Publicity. In a bankruptcy of a high-profile individual, his or her social media assets will become part of the bankruptcy estate and may be sold. However, the individual may still be able to use his or her “persona,” or in the words of the CTLI court, “the interest of the individual in the exclusive use of his own identity, in so far as it is represented by his name or likeness, and in so far as the use may be of benefit to him or others.” While that “persona” interest, particularly of celebrities in states like California, has value as a type of intellectual property, there are questions as to the extent to which the assets could be marketed, particularly at the exclusion of the individual from using his or her own name and likeness in the future. Additionally, it will be inherently awkward for both the buyer and that person to compete using the same assets. Nevertheless, those assets may have strategic value to the debtor’s adversaries.</li></ul>As social media assets become increasingly valuable, such assets will mean more to both the owner and to the owner’s creditors. Valuable assets are always in play in bankruptcy cases. A bankrupt debtor may face significant challenges in starting over without the use of those social media assets in which so much was invested. These assets will increasingly be a source of disputes and will require close scrutiny.

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Social Media Assets in Bankruptcy: Facebook and Twitter Accounts Subject to Reach of Creditors

Social Media Assets in Bankruptcy: Facebook and Twitter Accounts Subject to Reach of Creditors