o Valuable intellectual property or trade secrets which should not leave the organization. 27.4% of respondents say this type of content is “common” or “very common.” o Adult, obscene or potentially offensive content. 23.3% of respondents say this type of content is “common” or “very common.” o Confidential or proprietary business information about your organization. 24.7% of respondents say this type of content is “common” or “very common.” o Personal healthcare, financial or identity data which may violate privacy and data protection regulations. 26.5% of respondents say this type of content is “common” or “very common.”
Trade Libel includes making false or misleading statements made through a company's blog, Facebook page or Twitter account about the goods or services of a competitor that cause or are likely to cause the competitor harm may be grounds for a trade libel action. employees post content to the corporate blog, Facebook page or Twitter account that defames or invades the privacy of third parties. Posts that include a third party's intellectual property, such as copyrighted material or trademarks, may expose the company to liability for infringement.
Anthony La Russa v. Twitter, Inc., et al. illustrates the potential exposure in these areas. LaRussa, the manager of the Saint Louis Cardinals, alleged that the twitter.com/TonyLaRussa site contains unauthorized photographs of him and written statements impliedly made by LaRussa when in fact they were not. Based on this, LaRussa contends, Twitter is liable for trademark infringement, false designation of origin, trademark dilution, cybersquatting, misappropriation of name, misappropriation of likeness, invasion of privacy, and intentional misrepresentation.
Welcome to the Chicagoland Chamber of Commerce Emerging Trends in Business: Social Media and The Law
“ Its [sic] all a joke and a scam that needs to be stopped”
130 out of 150 would ask for refund because “they got worked”
Court finds opinion about “quality of services” is protected speech
“ Subjective expressions of consumer dissatisfaction are not actionable”
Interactive website submits site owners to jurisdiction
Section 230 (c)(1) of Communications Decency Act protects site owner
Source: 2009 Slip Op 51912 (NY Sup. Ct.)
Low and Tritt v. The Pizza Kitchen, et al. Pizza kitchen owner then posts on Twitter Pizza kitchen owner Facebook posts: “ Don’t EVER use Lowandtritt marketing firm.” “ Don’t EVER use Lowandtritt marketing firm.” “ Crooks-stolen email list and have tried to pressure me by threat of lawsuit to sign a license agreement to use their marketing materials.”
City sued because workers accessed blog from worksite and no action taken in response to complaints
Welcome to the Chicagoland Chamber of Commerce Managing Social Media in the Workplace
Managing Social Media in the Workplace How should you approach social media in the workplace? No restrictions No access Acceptable Use Tailor your Acceptable Use Policy to your unique workplace.
Managing Social Media in the Workplace Elements of an Acceptable Use Policy:
Notice to employees that you monitor computer use
Protect confidential and proprietary information
Identify yourself, be transparent, be honest
Play nice. Report abuse
Use common sense and good judgment
Don’t forget why you’re here …. TO WORK
Managing Social Media in the Workplace Should you “friend” an employee? Should you Tweet about your workplace? Should you require employees to disclose Facebook, blogs, Twitter?
Managing Social Media in the Workplace … I’ve worked Tirelessly 2 not cause trouble, BUT I will now have 2 turn 2 my revenge side (GOD’S REVENGE SIDE) 2 teach da world a lesson of stepping on GOD. I thank GOD 4 pot 2 calm down my frustration n worries or else I will go beserk n shoot everyone …. Prepare to See Crazy Trang in public eye soon IN UR TELEVISION n other news vehicles … - Nguyen v. Starbucks Coffee Corp., 2009 U.S. Dist. LEXIS 113461 (N.D.Cal. Dec.7, 2009) Should you monitor your employees on MySpace, Twitter, etc.?
Managing Social Media in the Workplace Social Media and the On-Boarding Process Do you recruit through social media? Do you investigate an applicant’s Facebook, Twitter, etc.? Have you ever made a hiring decision based on what you learned via social media? Is all this legal?
Managing Social Media in the Workplace Labor unions are on Twitter, Facebook Is it lawful for you to follow? Is it working? Does anyone care?
Managing Social Media in the Workplace The Fundamentals Never Change
“ This concept of trying to control or block [social media usage], is not going to work. There's going to be a divide, with some companies that shun public social networks and are fearful of using them, and some who embrace it and take the risk.”
- Facebook, Twitter become business tools, but CIOs remain wary. NetworkWorld January 10, 2010
Social Media Approach IBM -The Impact of Corporate Culture on Enterprise Social Media Corporate Culture VS Social Media Corporate Culture + Social Media = = FAILURE SUCCESS
Policy Comparisons IBM ESPN Encouraged Cautious Tolerated No Policy CISCO FINRA Baker Razorfish
Encouraged Services - Razorfish If you are not using Social Influence Marketing in your job, please get started. Razorfish encourages employees to adopt Social Influence Marketing – whether you’re on Twitter, running your own work blog, posting comments on someone else’s blog, uploading presentations on community sites like SlideShare, or otherwise participating in the world of social media.
Cautious Baker & Daniels - Service Industry Baker & Daniels Remember the internet is not anonymous, nor does it forget. There is no clear line between your work and personal life Avoid Hazardous materials Don’t promote other brands with the firm’s brand Keep confidentiality Don’t pad your own stats Do not pat yourself on the back Do not qualify your work Do not approve recommendations or testimonials Do not promote successes Do not return fire Do not offer or appear to offer legal advice