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Social Media Law

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The attorneys at Mudd Law possess an understanding of emerging and pervasive social media platforms and the resulting legal implications that enables them to keep their clients on the cutting-edge of e

Social media demands our attention. Whether through photos, GIFs, tweets, or length prose, the power of social media to capture attention cannot be denied. At one time, social media referred to a means by which we kepy our family and friends updated with our occasional (and, for some, daily) activities. Today, it represents an almost necessary marketing vehicle and means by which we communicate with selected audiences. As this occurred, the potential for intentional or inadvertent misuse necessarily increased.

At Mudd Law, we understand social media. We guide our clients in developing strategies to use social media in an effective and compliant manner. Our attorneys also work with our business clients to develop internal social media policies that guide employee and independent contractor use of social media.

Indeed, a business should be concerned about employees using social media in connection with their employment. At the same time, an employed must be very careful about efforts to regulate speech among employees. Our attorneys help navigate our business clients through these shifting paradigms.
In other contexts, some of our clients find themselves the victims of social media campaigns that publish defamatory and unlawful communications for malicious and harmful purposes. With more than a decade of representing persons in social media litigation, our attorneys possess an arsenal of defensive strategies to combat defamatory and unlawful use of social media. At the same time, we also defend the interests of those who engage in lawful protected speech through social media.

Mudd Law also has developed strategies for using social media to protect and/or enhance our clients' reputations.

A business needs to understand social media and have an appreciation of certain legal aspects of social media regardless of whether it employs social media on an enterprise level.

Diverse people use social media. As such, many employees will use social media. And, many more customers and consumers use social media. A business should adopt a social media perspective that protects its brand and reputation, avoids liability, and harnesses the power of social media to market its products and services.

A business - whether startup or established business, large or small - can protect its brand by carefully implementing a social media policy. For example, employees should not be permitted to speak about customers through social media. At the same time, they cannot be prevented from speaking about their employer. And, a badly drafted social media policy can - in fact - incite social media comments and bad morale. Conversely, a good social media policy can protect the business, its customers, prompte the business, and enhance employee morale.
Other strategies allow a business to restrict promotion of its brand to those who have experienced specific training. This can avoid potential infringement of third party intellectual property. establish barriers to liability for unsanctioned employee speech, and maintain a consistent marketing message.

Additionally, certain guidance on principles can enable a business to safely market its products and services.

Our team can provide some or all of this guidance on social media law to our clients. And, as we closely monitor developments, our clienst remain at the forefront of innovation - both legal and social media.

Our experienced social media attorneys draft social media policies for our business and employer clients.

Social media represents a dynamic means of reaching an infinite audience through various channels. However, social media use by employees and independent contractors can present difficult or harmful situations for businesses and employers. At the same time, the same social media use can also present opportunities for businesses and employers to market their brand, products, and services.

How does one manage employee and independent contractor social media use?

To begin with, you need to obtain legal counsel or lawyers that understand the nuances of employment related social media use. For example, there exist certain forms of speech that cannot be restricted at all. A social media policy that attempted to restrict such speech could expose the employer to more harm than the speech.

At the same time, a business may want to control the use of its marks in relation to certain forms of speech. It may want to identify social media advocates within its employee team. A company may also want to advise employees on the dangers of self-promotion through social media and websites (penalties imposed on the company).
The solution arises through the careful drafting of a social media policy, a cautious implementation of the policy, and routine audits on effectiveness.

Our team works closely with our clients to draft a custom social media policy addressing multiple aspects a carefully structured and designed social media policy. To do this, our team implements various strategies that compliments the employer's understanding of its workplace.

We also can work with our clients to devise an implementation plan that seeks to obtain employee confidence and satisfaction.

After implementation of the social media policy, our attorneys and staff use a number of measures to monitor and audit the effectiveness of the policy. In so doing, we can identify changes and tweaks that could make for an even more effective social media policy and experience within the business structure.


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Social media litigation involves at least three distinct groups. Having represented each of the three in diverse litigation matters, the attorneys at Mudd Law possess and implement a multi-faceted perspective in representing their clients in any of the three groups.

Our firm represents individuals and businesses who find themselves involved in disputes relating to social media.

Initially, our firm represents individuals and bueinsses who have been victims of defamatory or other unlawful speech communicated through social media. Whether the identity of the author is known or anonymous, we possess the experience and skills to strategically, tactfully, and, where appropriately, aggressively pursue the authors of the defamatory content.

At the same time, our firm also represents individuals who have engaged in lawful and protected speech through social media.
At other times, our firm represents social media platforms who have been named in litigation or received a subpoena emanating from litigation involving social media.

Mudd Law attorneys possess the strategic thinking to develop effective and nuanced approaches to reputation management online.

Speak to one of our attorneys about reputation strategies.

Why Choose Us?

Innovative

Our team works diligently to develop creative solutions to our clients' social media matters.

Diligent

We work tirelessly on behalf of our clients and their interests.

Communicative

We welcome our clients' communications and involvement our representation of their interests.

Strategic

We invest in understanding our clients to combine this knowledge with legal experience to plan strategically.

Dynamic

We can adapt to changing circumstances.

Responsible

Protecting our clients interests remain our primary responsibility.