Legal Implications of Social Media for Business

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Businesses can use social media strategically and effectively while mitigating risk and legal exposure for the organization. This presentation sets the stage for the business case for the use of …

Businesses can use social media strategically and effectively while mitigating risk and legal exposure for the organization. This presentation sets the stage for the business case for the use of social media and discusses the legal issues involved.

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  • 1. The Legal Implications of Social Media for Business Kelly Twigger | ESI Attorneys Sara Meaney | Comet Branding + PR
  • 2. PRESENTERS | Kelly Twigger owner and founder ESI Attorneys Former partner Quarles & Brady LLP Guest lecturer, Marquette University Law School Milwaukee Business Journal: Forty Under 40 Class of 2010 E-discovery expert Kentucky basketball fanatic Kentucky Derby -- Official Host First Computer: IBM AS2 First Blog Post: December 2007 First Tweet: August 2009
  • 3. PRESENTERS |
  • 4. PRESENTERS | Sara Meaney partner | left brain | co-owner Comet Branding + PR Social media, PR and strategic marketing pro Co-founder of Social Media Club, Milwaukee Guest lecturer, Communications: UW-Whitewater, Marquette Milwaukee Business Journal: Forty Under 40 Class of 2010 Co-host of Comet Radio Blogger, Twitterer, Foursquare junkie Metrics geek Favorite karaoke song: Don’t Stop Believin’ First computer: Commodore 64 First Tweet: August 2008 Twitter followers: 5,183
  • 5. SOCIAL MEDIA | OVERVIEW | • Disclaimer, Assumptions and Assurances • The Business Case for Social Media • Legal Issues in Social Media • Mitigation of Risks • Social Media Golden Rules • Questions
  • 6. POP QUIZ | SOCIAL MEDIA | 1. What do you call a message sent out via Twitter?
  • 7. POP QUIZ | SOCIAL MEDIA | 1. What do you call a message sent out via Twitter? a. SMS b. Tweet c. Twit d. Perplexing
  • 8. POP QUIZ | SOCIAL MEDIA |
  • 9. POP QUIZ | SOCIAL MEDIA | 1. What do you call a message sent out via Twitter? a. SMS b. Tweet c. Twit d. Perplexing
  • 10. POP QUIZ | SOCIAL MEDIA | 1. What do you call a message sent out via Twitter? a. SMS b. Tweet c. Twit OU DY ? DI OW KN d. Perplexing lion mil are 50 ets twe
  • 11. POP QUIZ | SOCIAL MEDIA | 2. Which group is the largest user demographic on Faceboo
  • 12. POP QUIZ | SOCIAL MEDIA | 2. Which group is the largest user demographic on Faceboo a. 0 - 17 b. 18 - 24 c. 25 - 34 d. 35 - 54 e. 55+
  • 13. POP QUIZ | SOCIAL MEDIA |
  • 14. POP QUIZ | SOCIAL MEDIA | 2. Which group is the largest user demographic on Faceboo a. 0 - 17 b. 18 - 24 c. 25 - 34 d. 35 - 54 e. 55+
  • 15. POP QUIZ | SOCIAL MEDIA | 2. Which group is the largest user demographic on Faceboo a. 0 - 17 b. 18 - 24 c. 25 - 34 d. 35 - 54 e. 55+
  • 16. POP QUIZ | SOCIAL MEDIA | 3. How many searches does Google handle per day?
  • 17. POP QUIZ | SOCIAL MEDIA | 3. How many searches does Google handle per day? a. 15.3 million b. 32.7 million c. 807.4 million d. 1.3 billion e. 2.7 billion
  • 18. POP QUIZ | SOCIAL MEDIA |
  • 19. POP QUIZ | SOCIAL MEDIA | 3. How many searches does Google handle per day? a. 15.3 million b. 32.7 million c. 807.4 million d. 1.3 billion e. 2.7 billion source: comScore
  • 20. POP QUIZ | SOCIAL MEDIA | 3. How many searches does Google handle per day? a. 15.3 million b. 32.7 million ot , c. 807.4 million s n NG Doe e BI d any clu , or h d. 1.3 billion in oo h Ya er se sarc oth ngine e. 2.7 billion e source: comScore
  • 21. SOCIAL MEDIA | DISCLAIMER |
  • 22. SOCIAL MEDIA | DISCLAIMER | • This is not Social Media How-To lecture.
  • 23. SOCIAL MEDIA | DISCLAIMER | • This is not Social Media How-To lecture. • This contents of this presentation will not strengthen your argument against using social media for business.
  • 24. SOCIAL MEDIA | DISCLAIMER | • This is not Social Media How-To lecture. • This contents of this presentation will not strengthen your argument against using social media for business. • We are unapologetic users and advocates for the strategic use of social media for business.
  • 25. SOCIAL MEDIA | DISCLAIMER | • This is not Social Media How-To lecture. • This contents of this presentation will not strengthen your argument against using social media for business. • We are unapologetic users and advocates for the strategic use of social media for business. • Tweeting live comments during this session may result in shared knowledge and business opportunities. Proceed with
  • 26. SOCIAL MEDIA | ASSUMPTIONS |
  • 27. SOCIAL MEDIA | ASSUMPTIONS | • You have used Google at least once in your lifetime. Or you know someone who has.
  • 28. SOCIAL MEDIA | ASSUMPTIONS | • You have used Google at least once in your lifetime. Or you know someone who has. • You’ve heard of Twitter, Facebook, LinkedIn and YouTube before.
  • 29. SOCIAL MEDIA | ASSUMPTIONS | • You have used Google at least once in your lifetime. Or you know someone who has. • You’ve heard of Twitter, Facebook, LinkedIn and YouTube before. • You acknowledge that the aforementioned social media sites have some relevance to you and/or your business.
  • 30. SOCIAL MEDIA | ASSUMPTIONS | • You have used Google at least once in your lifetime. Or you know someone who has. • You’ve heard of Twitter, Facebook, LinkedIn and YouTube before. • You acknowledge that the aforementioned social media sites have some relevance to you and/or your business. • You want to know more about the uses of these sites and the implications/risks
  • 31. SOCIAL MEDIA | ASSURANCES |
  • 32. SOCIAL MEDIA | ASSURANCES | • You’ve come to the right session.
  • 33. SOCIAL MEDIA | ASSURANCES | • You’ve come to the right session. • You can ask questions both during and after the presentation.
  • 34. SOCIAL MEDIA | ASSURANCES | • You’ve come to the right session. • You can ask questions both during and after the presentation. • You are encouraged to use social media during the presentation; we will not be offended or distracted by it.
  • 35. SOCIAL MEDIA | BUSINESS CASE |
  • 36. SOCIAL MEDIA | BUSINESS CASE | • Audience attention span is short
  • 37. SOCIAL MEDIA | BUSINESS CASE | • Audience attention span is short • Increasingly noisy online marketplace
  • 38. SOCIAL MEDIA | BUSINESS CASE | • Audience attention span is short • Increasingly noisy online marketplace • Cross-functional applications
  • 39. SOCIAL MEDIA | BUSINESS CASE | • Audience attention span is short • Increasingly noisy online marketplace • Cross-functional applications • Measurable: cause-effect
  • 40. SOCIAL MEDIA | BUSINESS CASE | • Audience attention span is short • Increasingly noisy online marketplace • Cross-functional applications • Measurable: cause-effect • ROI - if leveraged strategically
  • 41. BUSINESS CASE | ATTENTION SPAN IS SHORT |
  • 42. BUSINESS CASE | ATTENTION SPAN IS SHORT | IK ES! Y ad ers re *O e nlin 0%n d2 o rea rds o nly wo n. of the scree the *source: Nielsen Norman Group n= 45,000+ page views
  • 43. BUSINESS CASE | IT’S NOISY ONLINE |
  • 44. BUSINESS CASE | IT’S NOISY ONLINE |
  • 45. BUSINESS CASE | IT’S NOISY ONLINE |
  • 46. BUSINESS CASE | IT’S NOISY ONLINE | OU ID Y W? D O KN dia me to cial utes So rib nd c ont SEO a y our
  • 47. BUSINESS CASE | CROSS-FUNCTIONAL APPLICATIONS |
  • 48. BUSINESS CASE | CROSS-FUNCTIONAL APPLICATIONS | Customer service via Twitter
  • 49. BUSINESS CASE | CROSS-FUNCTIONAL APPLICATIONS |
  • 50. BUSINESS CASE | CROSS-FUNCTIONAL APPLICATIONS | Direct sales through Twitter Crowd-sourced product innovation: IdeaStorm
  • 51. BUSINESS CASE | CROSS-FUNCTIONAL APPLICATIONS |
  • 52. BUSINESS CASE | CROSS-FUNCTIONAL APPLICATIONS | Entrepreneur community hub Market research
  • 53. BUSINESS CASE | CROSS-FUNCTIONAL APPLICATIONS | Facebook for recruitment: 45,000+
  • 54. BUSINESS CASE | CROSS-FUNCTIONAL APPLICATIONS |
  • 55. BUSINESS CASE | MEASURABLE: CAUSE - EFFECT |
  • 56. BUSINESS CASE | MEASURABLE: CAUSE - EFFECT | B.S. Example:
  • 57. BUSINESS CASE | MEASURABLE: CAUSE - EFFECT | B.S. Example:
  • 58. BUSINESS CASE | MEASURABLE: CAUSE - EFFECT | B.S. Example: (Before Social Media)
  • 59. BUSINESS CASE | MEASURABLE: CAUSE - EFFECT | B.S. Example: (Before Social Media) A.S. Example: (After Social Media)
  • 60. BUSINESS CASE | MEASURABLE: CAUSE - EFFECT | B.S. Example: (Before Social Media) A.S. Example: (After Social Media)
  • 61. BUSINESS CASE | DIRECT RETURN ON INVESTMENT | B2B client example:
  • 62. BUSINESS CASE | DIRECT RETURN ON INVESTMENT | B2B client example:
  • 63. BUSINESS CASE | DIRECT RETURN ON INVESTMENT | B2B client example:
  • 64. BUSINESS CASE | DIRECT RETURN ON INVESTMENT | B2B client example:
  • 65. BUSINESS CASE | DIRECT RETURN ON INVESTMENT | B2B client example:
  • 66. BUSINESS CASE | DIRECT RETURN ON INVESTMENT | B2B client example: Significant increase in qualified client prospects
  • 67. BUSINESS CASE | DIRECT RETURN ON INVESTMENT | B2B client example: Significant increase in qualified client prospects
  • 68. BUSINESS CASE | DIRECT RETURN ON INVESTMENT | B2B client example: Significant increase in qualified client prospects More new business
  • 69. BUSINESS CASE | WORKING IT OUT |
  • 70. BUSINESS CASE | WORKING IT OUT | • Marketing/Communications and Legal can sometimes be adversarial. • Gotta get past that for social media to be effective. • Knowing the facts will support collaboration.
  • 71. WHAT YOU SHOULD KNOW | LEGAL ISSUES | • Content ownership -- whose is it and what does delete mean? • Utilizing third party content (RT@, YouTube) • Employer liability for content • Using social media for hiring -- do’s and don’ts • Discoverability of ESI on social media • How to mitigate risks
  • 72. LEGAL ISSUES | BASIC TENETS | • Very little case law yet on these issues; law still developing • ESI = Electronically Stored Information • Seek legal advice where risk is high • Same law applies to electronic communications as written ones • If you post it, you own it
  • 73. LEGAL ISSUES | POSTING THIRD PARTY CONTENT | • U.S. Copyright Act, 17 U.S.C. Section 101, et. seq. prohibits using any third party content, i.e. photos, videos or songs taken by or belonging to someone else; civil and criminal with treble damages and fees • Digital Millennium Copyright Act (sec. 512) -- protects site from liability
  • 74. LEGAL ISSUES | WHO OWNS POSTED CONTENT? | • Text Deleted does not mean gone User/poster owns content
  • 75. LEGAL ISSUES | UTILIZING SOCIAL MEDIA FOR HIRING | • Posting recruiting information • Reviewing social media sites for prospective hires
  • 76. LEGAL ISSUES | UTILIZING SOCIAL MEDIA FOR HIRING | • Posting recruiting information • Reviewing social media sites for prospective hires
  • 77. LEGAL ISSUES | DISCOVERY OF ESI ON SOCIAL MEDIA | • Rules governing discovery of information in litigation expanded to allow for discovery of ESI • All ESI that is relevant or responsive in litigation is discoverable • Same level of analysis of written materials put out by companies needs to be made with social media; a tweet can and will be evidence
  • 78. LEGAL ISSUES | DISCOVERY OF ESI ON SOCIAL MEDIA | Uncle Sam knows social media and he knows how to get it And now he owns it too!
  • 79. LEGAL ISSUES | MITIGATING THE RISKS | • Establishwell thought out, readable policy for acceptable use of social media • Provide age appropriate training for users; consider video and written policy http://www.sun.com/communities/guidelines.jsp
  • 80. LEGAL ISSUES | MITIGATING THE RISKS | • Establish communication between legal and dept utilizing social media for legal review • Understand retention of ESI for sites you are using • Develop and execute on planned social media strategy; avoid surprises or rogue employees
  • 81. LEGAL ISSUES | SOCIAL MEDIA GOLDEN RULES | When in doubt, don’t. You are personally responsible for material you post. Always identify yourself. Identify personal opinions as personal. Be consistent, ethical and respectful.
  • 82. THANK YOU | QUESTIONS? | QUESTIONS?
  • 83. THANK YOU | CONTACT US | ktwigger@esiattorneys.com sara@cometbranding.com Twitter: @kellytwigger Twitter: @sarameaney Phone: 414.375.2015 Phone: 414.672.8777 Web: esiattorneys.com Web: cometbranding.com slideshare.net