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Advanced social media management for employment law practicioners

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This is a 45 minute facilitated discussion for Canadian employment law practitioners on managing more complex social media issues.

This is a 45 minute facilitated discussion for Canadian employment law practitioners on managing more complex social media issues.

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  • 1. Advanced Social Media Management for Employment Law Practitioners
    Dan Michaluk
    June 23, 2011
  • 2. The Outside Aggravator Scenario
    Departed employee
    Persistent defamatory attacks on former manager
    Publishes home phone number and address
    Image DaniloRizzuti /FreeDigitalPhotos.net
  • 3. The Outside Aggravator Scenario
    Questions
    Does you have a duty to engage with the employee?
    If yes, what does discharging the duty require?
    Should you engage? If so, on what terms?
    What tactics short of engagement with the aggravator are available?
  • 4. The Outside Aggravator Scenario
    HMHSS Tips
    Help your client gain the proper perspective
    Ordinarily recommend independent counsel
    Okay personal support and workplace remediation
    Stress risks of engagement to align interests
    Beware of risks of engaging through an intermediary
    Test the downside of a joint-retainer agreement
  • 5. The Wikileaks Scenario
    Departed employee
    Judgement proof
    Has documents that contain client PI
    Clear threat to publish
    “This is done in the public interest”
    “But I want cash”
  • 6. The Wikileaks Scenario
    Questions
    Who are your internal stakeholders?
    Can you afford to give notice of proceeding?
    If yes, what does your first letter demand?
    Ultimately, what does “getting it back” mean?
  • 7. The Wikileaks Scenario
    HMHSS Tips
    Don’t play armchair psychologist by assessing the probability of rational behaviour – the risk of losing control is unknowable
    Be very particular in the initial demand to create a basis for a trover claim
    Set your client’s expectations – defendants may loathe giving access to a personal computer
  • 8. Conducting Online Investigations
  • 9. Conducting Online Investigations
    Who?
    No – You, external counsel, external counsel’s admin
    Good - The responsible manager
    Better – Internal security
    Best – Online investigation pros (they exist)
  • 10. Conducting Online Investigations
    When?
    Immediately
    Use alert services
    It can be gone in 10 minutes
    Periodically
    Duration is usually relevant
    Don’t rely on page change identification services
  • 11. Conducting Online Investigations
    What?
    Contextual information is always relevant
    Links can convey meaning
    Don’t take an overly narrow view
    Beware that different users may see different things
  • 12. Conducting Online Investigations
    How?
    Print, PDF, video or whatever, provided…
    …it appears to be authentic
    …it reasonably represents the publication
    …it captures evidence about time and links
    …its price is proportionate to what’s at stake
    You will usually need to create a physical log of activity
  • 13. Advanced Social Media Management for Employment Law Practitioners
    Dan Michaluk
    July 22, 2011