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Technology

Legal Issues Concerning Social Media Use by Employees

Please join the webcast about Social Media Use with my good friends Michelle Cheng, Yvonne Gierczyk-Skasko, and me sponsor by the ALI-ABA (American Law Institute - American Bar Association) which will be live on December 7, 2010 at 12:30pm CST. Michelle, Yvonne, and I will discuss our experiences with Facebook, LinkedIn, Yelp, and many other Social Media sites. We will discuss the Coca Cola Social Media Principles, a recommended Law Firm Social Media Policy, and this top ten list of the legal risks associated with employee use of Social Media:

1. Copyright Infringement - posting content without permission from the owner
2. Trademark Infringement - showing third party logos/TMs without permission
3. Right of Publicity/Privacy - showing a person's image/likeness without permission
4. Defamation, Libel and Slander - making false claims about a person
5. False Advertising/Unfair Competition - making false claims about a product or service
6. FTC Guides on Endorsements & Testimonials in Advertising - truth in advertising principles apply in digital media and word of mouth marketing. Bloggers or Social Media influencers that are compensated to blog/post/tweet about the Company must disclose the fact that they were compensated. Employees should disclose the connection to their employer when blogging/tweeting/posting about the Company's products or services in Social Media.
7. Disclosure of Proprietary/Confidential Information -disclosure of material information
8. Labor - FLSA issues - e.g. non-bargained for employees engaging in Social Media during off-hours.
9. Employee/HR issues - employee conduct on Social Media
10. Collection and Retention of Personally Identifiable Information (PII)

Please join us on December 7th AT 12:30pm CST and of course we welcome your comments and feedback.