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This article examines the risk exposure of business organizations involved in disputes over rights in social media accounts. The complexity of both the legal rights asserted in these disputes and the judicial rationales used to adjudicate these rights triggers unique risks to business organizations. Part I of this article examines the increasing reliance by business organizations on social media outreach to perform core business operations such as advertising, marketing, marketing intelligence, and sales. Part II of this article reviews the judicial precedent and identifies the legal theories used by courts to define and delineate the legal rights arising in social media account business disputes. Part III of this article explores the conflicting and unresolved legal issues resulting from the analytical frameworks used by litigants and courts to adjudicate these disputes. Part IV of this article investigates the risks posed to business organizations operating in this legal environment and proposes risk mitigation strategies.

Business Disputes Over Social Media Accounts: Legal Rights, Judicial Rationales, and the Resultant Business Risks