View stunning SlideShares in full-screen with the new iOS app!Introducing SlideShare for AndroidExplore all your favorite topics in the SlideShare appGet the SlideShare app to Save for Later — even offline
View stunning SlideShares in full-screen with the new Android app!View stunning SlideShares in full-screen with the new iOS app!
MANAGING LEGAL RISK IN ANINCREASINGLY CONNECTED ANDDIGITAL WORLD.@MKSINGHLAW
How many people in the room owna business that uses social mediaor other digital marketing?How many people in the roomoffer social media or other digitalmarketing services for theirclients? Or employers?@MKSINGHLAW
How many people use Yelp? Or other reviewsites?What usually prompts you to write a review?What would you do if you got a bad review thatyou think is not true or unfair?@MKSINGHLAW
Defamation: Statement of fact + published to athird person + the statement is false anddefamatory + of or concerning the plaintiff +there is damage to plaintiff’s reputationDefense: Truth, Opinion and Fair Comment(Court looks to context and medium)@MKSINGHLAWCan you sue someone from writing a bad review?
TORTSIntrusion of Privacy; Publication of Private FactsInterference with Business RelationshipsFraud/MisrepresentationIntentional Infliction of Emotional Distress@MKSINGHLAWOther potential liability concerns
As an employee do you have an obligation tomaintain trade secrets of your employer? Whatabout after you leave?Could you be liable if you accidently tweet newproduct information before the launch date?@MKSINGHLAW
NEGLIGENCE: Duty of Care?Leaking of Proprietary or Confidential InfoMisappropriation of Trade SecretsBreach of Contractual ObligationsNon Disclosure Agreements@MKSINGHLAW
INTELLECTUAL PROPERTYWho owns the copyright?Who owns the rights if you hire someone topromote your business through social media?Does a tweet or status update meet the thresholdfor copyright protection?@MKSINGHLAW
TRADEMARKCreating Confusion Over a BrandConfusing Users About Your Relationship to aTrademarkTwitter Parody vs. Trademark Infringement@MKSINGHLAW
ONLINE ADVERTISINGFTC GuidelinesTruthful and Not MisleadingDisclose Relationship (if any)“Clear and Conspicuous”Tweet: Include Ad or linkBlog: Post at top of blog@MKSINGHLAW
Final ThoughtEverything you tweet, post, blog,Facebook, etc. can and will be usedagainst you in a court of law.@MKSINGHLAW