Social Media and Digital Assets in M&A Transactions

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Wait! Don’t skip these articles thinking that social media doesn’t affect you. Social media has invaded our lives, with only a Rip Van Winkle being immune (maybe). Some may scoff and others may cringe. The well initiated may laugh that the social media landscape, like its progeny “Big Data,” is changing too rapidly to provide definitive advice--true, but we still have to deal with this powerful medium as it currently stands.

BACKGROUND -

What is Social Media? For those who have been trying their hardest to avoid it, what is social media? To define it by example, it includes the well-known giants Facebook, LinkedIn, Twitter, YouTube, Pinterest, Instagram, Google+, Reddit, and Tumblr (each for our purposes, an “Owner”). Special interest sites, such as Goodreads (purchased by Amazon), exist for targeted markets, and new niche sites try to emulate Facebook (e.g., MARSocial for artists, Rich Ideas for entrepreneurs, and Foxwordy for lawyers). Since Facebook and Twitter have by far the greatest number of users, much of the discussion will focus on their operations.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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