Web 2.0..Business Friend or Foe?

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  • 1. Web 2.0…Business Friend or Foe Stephen Weyer Stites & Harbison PLLC
  • 2. Traditional Business Development
  • 3. Selling Your Company, Events and Projects
  • 4. Web 2.0
    • Dynamic internet experience
    • Media – “re-creates” or “captures reality”
    • Sharing content among other users
      • Pictures
      • Information
      • Likes/dislikes
      • News articles
    • Social Media
  • 5. Web Content
    • Blogs
    • Forums, Q&A sites, membership-only sites
    • Collaborative intranet sites, such as Wiki’s, SharePoint, etc.
    • Social media, such as Facebook, Twitter, LinkedIn, YouTube, SlideShare, etc.
    • Any information delivered over HTTP
  • 6. The Basics
  • 7. What is Social Media? Local
  • 8. Why Use Social Media? Engaging Effective Efficient Economical Everyone
  • 9. In the News…
    • Russia is the most “social”
      • 75% of its citizens spend at least 9.8 hours/week on social networking sites
    • Role in Middle East revolutions
      • Egypt
      • Libya
    • Snowball fights in DuPont Circle
      • Snowpocalypse and snowmageddon
  • 10. Statistics*
    • 250 million blogs
    • 500 million Facebook users
    • 27 million daily Tweets
    • 1.2 billion daily YouTube views
    * March 2010
  • 11. Who is Using Social Media?
  • 12. What Should We Use?
  • 13. Facebook | Retail
  • 14. Facebook | Banking
  • 15. Facebook | Health Care
    • MD Anderson Cancer Clinic
  • 16. Facebook | Healthcare
    • Roswell Park Cancer Institute
    “ A simple response is all it takes to humanize the experience.”
  • 17. LinkedIn
  • 18. How Should We Use It?
    • Will my audience relate to it?
    • Am I giving something of value to someone?
    • Does this make me look knowledgeable, a resource, an expert?
  • 19. Facebook | LinkedIn
  • 20. Making Connection
  • 21. What is Twitter?
    • “ Twitter is a social networking and microblogging service that enables its users to send and read messages known as tweets. Tweets are text-based posts of up to 140 characters displayed on the author's profile page and delivered to the author's subscribers who are known as followers.”
  • 22.  
  • 23. Linked Twitter Feed
  • 24. Getting the word out…
  • 25. 1. Become A Resource
  • 26. 2. Access to Timely Information
  • 27. 3. Gain Visibility
  • 28. How Much Time?
    • <1 hr a day for Social Media
    • Read and research about 30 minutes
    • Blogging about 2-3 days per week
    • Average 5-10 tweets per day
      • Assuming 30 seconds, 5 minutes per day
      • About 10 minutes scanning other tweets
  • 29. Computer Resources
    • RSS = Really Simple Syndication
  • 30. What Can’t Social Media Do 4U REPLACE A MARKETING STRATEGY DELIVER INSTANT SUCCESS GUARANTEE INFLUENCE SAVE A SINKING SHIP
  • 31. Your Take-Aways!
  • 32. 1. Marketing
  • 33. 2. Connecting
  • 34. 3. Supporting
  • 35. 4. Educating
  • 36. 5. Customer Support
  • 37. 6. Communicating
  • 38. 7. Recruiting
  • 39. 8. Researching
    • Would you hire and retain this person?
    • Would have the same response?
  • 40. Making It Work Together
  • 41. Pitfalls….
    • Lawsuits for:
      • Tort (defamation, intentional infliction of emotional distress, negligence, etc.)
      • Copyright and trademark infringement
      • Breach of contract
      • Workplace harassment
    • Regulatory and Compliancy Issues
      • Document retention
      • Trade Secrecy/Confidentiality
      • Privacy
      • Cyber bullying
  • 42. Communications Decency Act (“CDA”)
    • Protects Internet Service Providers (“ISPs”) and web hosts from liability (e.g., defamation) resulting from third party’s content/posts.
    • Does not protect employers from content posted by employees.
  • 43. Regulations Impacting Social Media FDA21CFR202.1 Pharmaceuticals, Food, Supplements, Cosmetics HIPAA Healthcare FINRA Notice 10-06 SEC 17a-3, 17a-4, Sweep Letter NASD 2210, 2310, 3010, 3110 USDA Patriot Act Financial Sarbanes-Oxley Publicly Traded Companies Freedom of Information Act, State Regulations Government Agencies Federal Rules of Civil Procedure Everyone Regulations That May Apply Industry or Field
  • 44. Employee Use
    • Beneficial to company but at what cost?
      • Productivity?
    • Employer Monitoring
      • 2009 Study – 77% of employees who have a Facebook account use it during work hours.
  • 45. Cyberbullying
    • Use of Internet to harass or torment by credible threatening or harassing message or postings
    • Cyberstalking - using the Internet in a pattern of threatening or malicious behaviors toward an individual that pose a credible threat of harm
      • Megan Meier Story (MySpace)
  • 46. Disgruntled Employee Sites
    • www.rantasaurus-rex.com
    • www.jobvent.com
    • www.hateboss.com
    • www.workrant.com
    • www.rateyourjob-rateyourboss.com
    • www.Glassdoor.com
  • 47. Marketing Anonymity
    • Who is the person or company behind the words?
      • Employee’s personal view
      • Statements on behalf of Company
      • Third party/independent observer
    • FTC Regulations
      • Endorsement: “any advertising message that consumers are likely to believe reflects the opinions, beliefs, findings or experiences of a party other than the sponsoring advertiser….”
      • Disclosure of relationship of endorsees to the advertisers
    • Examples of Abuse or Deception:
      • Paid positive postings
      • Employees who hype employer’s products
  • 48. How To Proceed
    • Determine how to meet regulatory obligations
    • Identify and understand all potential exposures
    • Document social media usage policies
    • Educate employees
    • Start small with a corporate presence
    • Control access and enforce compliance
    • Expand presence incrementally with caution
  • 49. Key Social Media Considerations
    • It is no longer a question of whether a social media policy is needed, it is more a matter of what that policy proscribes and how the risks associated with social media are to be managed.
    • Do you presently have a document retention and governance policy that includes social media? Consider that they should be part of the same document.
    • Do you have a plan for preservation and the collection of social media from a technical perspective?
    • Basic key considerations for constructing that policy are:
      • Short and long term data storage strategies—What is being retained that does not need to be?
      • Audit processes—Is there a system to monitor social media, internal and external facing?
      • Enforcement Protocols—Is the appropriate access being granted or denied to websites, users and certain functionality?
      • Litigation Response Plans—When the duty to preserve kicks in, is there a plan to deploy litigation hold “in place” and to collect the data? How will it be reviewed?
      • Employee Education and Training Programs—Are employees aware of the guidelines surrounding social media use and have they been properly trained?
  • 50. Contact Information
    • Phone: 703-837-3908
    • Email: [email_address]
    • Facebook: facebook.com/stephen.weyer.esq
    • LinkedIn: www.linkedin.com/in/stephenweyer
    • Twitter: @weyer_esq
  • 51. The End
    • Questions?