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 roomoffe...
How many people use Yelp? Or other reviewsites?What usually prompts you to write a review?What would you do if you got a b...
Defamation: Statement of fact + published to athird person + the statement is false anddefamatory + of or concerning the p...
TORTSIntrusion of Privacy; Publication of Private FactsInterference with Business RelationshipsFraud/MisrepresentationInte...
As an employee do you have an obligation tomaintain trade secrets of your employer? Whatabout after you leave?Could you be...
NEGLIGENCE: Duty of Care?Leaking of Proprietary or Confidential InfoMisappropriation of Trade SecretsBreach of Contractual...
INTELLECTUAL PROPERTYWho owns the copyright?Who owns the rights if you hire someone topromote your business through social...
TRADEMARKCreating Confusion Over a BrandConfusing Users About Your Relationship to aTrademarkTwitter Parody vs. Trademark ...
ONLINE ADVERTISINGFTC GuidelinesTruthful and Not MisleadingDisclose Relationship (if any)“Clear and Conspicuous”Tweet: Inc...
Final ThoughtEverything you tweet, post, blog,Facebook, etc. can and will be usedagainst you in a court of law.@MKSINGHLAW
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Madhu Singh - EmMeCon Seattle 2013

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Madhu Singh - EmMeCon Seattle 2013

  1. 1. MANAGING LEGAL RISK IN ANINCREASINGLY CONNECTED ANDDIGITAL WORLD.@MKSINGHLAW
  2. 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. 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. 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. 5. TORTSIntrusion of Privacy; Publication of Private FactsInterference with Business RelationshipsFraud/MisrepresentationIntentional Infliction of Emotional Distress@MKSINGHLAWOther potential liability concerns
  6. 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. 7. NEGLIGENCE: Duty of Care?Leaking of Proprietary or Confidential InfoMisappropriation of Trade SecretsBreach of Contractual ObligationsNon Disclosure Agreements@MKSINGHLAW
  8. 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. 9. TRADEMARKCreating Confusion Over a BrandConfusing Users About Your Relationship to aTrademarkTwitter Parody vs. Trademark Infringement@MKSINGHLAW
  10. 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. 11. Final ThoughtEverything you tweet, post, blog,Facebook, etc. can and will be usedagainst you in a court of law.@MKSINGHLAW

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