Madhu Singh - EmMeCon Seattle 2013

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  • 1. MANAGING LEGAL RISK IN ANINCREASINGLY CONNECTED ANDDIGITAL WORLD.@MKSINGHLAW
  • 2. 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
  • 3. 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
  • 4. 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?
  • 5. TORTSIntrusion of Privacy; Publication of Private FactsInterference with Business RelationshipsFraud/MisrepresentationIntentional Infliction of Emotional Distress@MKSINGHLAWOther potential liability concerns
  • 6. 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
  • 7. NEGLIGENCE: Duty of Care?Leaking of Proprietary or Confidential InfoMisappropriation of Trade SecretsBreach of Contractual ObligationsNon Disclosure Agreements@MKSINGHLAW
  • 8. 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
  • 9. TRADEMARKCreating Confusion Over a BrandConfusing Users About Your Relationship to aTrademarkTwitter Parody vs. Trademark Infringement@MKSINGHLAW
  • 10. ONLINE ADVERTISINGFTC GuidelinesTruthful and Not MisleadingDisclose Relationship (if any)“Clear and Conspicuous”Tweet: Include Ad or linkBlog: Post at top of blog@MKSINGHLAW
  • 11. Final ThoughtEverything you tweet, post, blog,Facebook, etc. can and will be usedagainst you in a court of law.@MKSINGHLAW