Social Media Policy <ul><li>How Law Firms Build Trust for Your Business Online  </li></ul>
Things we will cover <ul><li>Opportunities and risks in using social media for your business </li></ul><ul><li>Protecting ...
What is social media? <ul><li>Social Media  describes the  do-it-yourself-online (DIYO)  tools and methods used to share c...
These tools connect us across the globe 24 hours a day 7 days a week
Why should you care? <ul><li>Traditional marketing  costs BIG money and is considered successful if only it reaches a mere...
Getting your business into social media is only  half of the message :  managing risk  is key <ul><li>*Recent survey of 12...
Your employees are talking <ul><li>Employees access social media from work and home. </li></ul><ul><li>When they do  they ...
Legal & Business Framework Opportunities and Risks
There are Many Opportunities:  Listening and Growing Revenue <ul><li>Listen to, value, and retain your customers  </li></u...
Create an Army of  Customer Evangelists <ul><ul><li>Sony launched a community in 2003 (Sony 101) to educate, build interes...
Using the “Crowd” to Reach the Public <ul><ul><li>Dell Ideastorm:   gave direct voice to customers for online “brainstorm”...
What Can Go Wrong? <ul><li>Intellectual property issues </li></ul><ul><li>Speech related issues </li></ul><ul><li>Invasion...
Intellectual Property Issues Issues Triggering Scenarios Potential Solutions Copyright infringement:  using or sharing con...
Speech Related Issues <ul><li>Defamation : false statements of fact, harmful to someone’s reputation, published with negli...
Employer Liability Related Issues Issue Triggering Scenarios Potential Solutions Discrimination  – treating an employee di...
Litigation Related Issues <ul><li>Negligence:  having a social media policy can potentially protect a company from claims ...
Public Relations Crisis <ul><li>Two Dominos Pizza employees posted this video on You Tube </li></ul><ul><li>Viewed 1-milli...
Crafting a Custom Social Media Policy
Why is a Custom Policy Necessary? <ul><li>The needs of each company are different:  there is no one-size-fits-all model po...
Evaluating Your Needs <ul><li>SMP Equation:  if growth opportunities > current media impact ÷ (liability) = need to join t...
How to Craft an Effective Social Media Policy = Based on these answers your lawyer can craft a policy that protects the le...
Deployment:  Putting  Your Policy to Work <ul><li>Communication: publishing the policy (email, intranet, open web) </li></...
Making It All Work <ul><li>Social media is here to stay </li></ul><ul><li>A law firm will help you craft a policy that fit...
How to Contact Mike Mintz Direct Contact Online Networks Email:  fragmintz@gmail.com Linkedin:   http://il.linkedin.com/in...
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How Law Firms Build Trust for Your Business Online (Social Media Policy)

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This presentation gives the legal and business framework for corporations looking to build trust online with their customers. Through partnering with a law firm to craft a custom social media policy, deploy it to staff, and maintain continuous monitoring and litigation support, businesses can more effectively enter the social media space with confidence.

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  • Trade secret audits include the following elements: (i) determination of which information ought to be protected; (ii) review of the procedures already in place to protect that information; and (iii) analysis of the sufficiency of those protections, including identification of gaps in the existing protections, both generally and as applied to the specific information to which the gaps pertain. People will often say on status or Twitter updates what they are working on. Depending on the industry/company this may be proprietary information that could reveal trade secrets.
  • Harassment - An employer, for example, may have responsibility, and, hence, liability for the messages posted on its message boards or intranet
  • Personal note about NY Times story
  • Put in diagram – photos: of measuring tape BIG, b&amp;w family watching tv 1950’s , oops, word balloons?
  • Robert Scoble built Channel 9 for Microsoft in 2005 to change their image from the Borg to a human company. Lawyer: by knowing business goals, concerns, and potential outcomes they can craft a policy that protects the legal interests associated with these factors
  • Communication: putting the policy on the open web is a great way of creating transparency about you company Training: it is empowering and effective to have employees who have received training and are using social media to train other employees
  • Create logo of cartoon beakers with twists and turns. At the top there is a TV going in and at the bottom digital code? Can I just use the same logo as Mintz’s Wordz?
  • How Law Firms Build Trust for Your Business Online (Social Media Policy)

    1. 1. Social Media Policy <ul><li>How Law Firms Build Trust for Your Business Online </li></ul>
    2. 2. Things we will cover <ul><li>Opportunities and risks in using social media for your business </li></ul><ul><li>Protecting your business with a custom social media policy </li></ul><ul><li>How to leverage social media organically through partnering with a law firm </li></ul>
    3. 3. What is social media? <ul><li>Social Media describes the do-it-yourself-online (DIYO) tools and methods used to share content, opinions, insights, experiences, perspectives, and media. </li></ul><ul><li>DIYO tools turn each of us into a small publisher, news station, gossip column, and expert in the connected world. </li></ul>
    4. 4. These tools connect us across the globe 24 hours a day 7 days a week
    5. 5. Why should you care? <ul><li>Traditional marketing costs BIG money and is considered successful if only it reaches a mere 2% of its audience. </li></ul><ul><li>Explosive growth of blogs, Facebook, Linkedin, and Twitter </li></ul><ul><li>Pew Research: Adult internet users with a profile on a social networking site has more than quadrupled in the last three years . </li></ul>Source: http://pewresearch.org/pubs/1079/social-networks-grow
    6. 6. Getting your business into social media is only half of the message : managing risk is key <ul><li>*Recent survey of 123 CMOs: </li></ul><ul><ul><li>2/3 of CMOs plan to increase social media budgets </li></ul></ul><ul><ul><li>3/4 of CMOs who had no 2009 revenue expectations for social media will have such expectations for 2010 </li></ul></ul><ul><li>Deloitte LLP’s 2009 Ethics and Workplace survey found that only 17% of executives surveyed worked at a company with a program dedicated to mitigating the risk of social networking. </li></ul>*Source: http://www.bazaarvoice.com/resources/research/543-cmo-club?q=cmo
    7. 7. Your employees are talking <ul><li>Employees access social media from work and home. </li></ul><ul><li>When they do they represent you whether you like it or not </li></ul><ul><li>Ignoring employee social media participation and potential misuse poses risks of real financial and legal consequences </li></ul>
    8. 8. Legal & Business Framework Opportunities and Risks
    9. 9. There are Many Opportunities: Listening and Growing Revenue <ul><li>Listen to, value, and retain your customers </li></ul>Add to the bottom line and see more revenue* Make a dialogue instead of a marketing monologue <ul><li>Procter & Gamble's internal math shows that a dollar invested in its BeingGirl.com community is four times as effective as the same dollar spent on television </li></ul><ul><li>Josh Bernoff, Forrester Research </li></ul>Source: Howard Greenstein, Creating Social Media Policies
    10. 10. Create an Army of Customer Evangelists <ul><ul><li>Sony launched a community in 2003 (Sony 101) to educate, build interest in products, and increase customers. </li></ul></ul><ul><ul><li>By 2008 the social media experiment yielded: </li></ul></ul>
    11. 11. Using the “Crowd” to Reach the Public <ul><ul><li>Dell Ideastorm: gave direct voice to customers for online “brainstorm” sessions, sharing ideas, and collaborating with Dell. Result : community crossed the 10,000 idea mark and implemented nearly 400 ideas. </li></ul></ul><ul><ul><li>Gold Corp (failing gold mine): “we’ll show you all of our data on the Red Lake mine online if you tell us where we’re likely to find the next 6 million ounces of gold.” Result : 4 out out 5 mines yielded gold & prizes awarded to volunteer geologists. </li></ul></ul><ul><ul><li>Lending Industry: breakthroughs in community lending by companies like Zopa , Prosper , Community Lend , and Zillows </li></ul></ul><ul><li>“ Crowd-sourcing” = public collaboration on a project </li></ul><ul><li>Businesses can innovate and solve problems by enlisting the customer: </li></ul>
    12. 12. What Can Go Wrong? <ul><li>Intellectual property issues </li></ul><ul><li>Speech related issues </li></ul><ul><li>Invasion of privacy </li></ul><ul><li>Negligence </li></ul><ul><li>Discovery issues </li></ul><ul><li>Financial loss </li></ul><ul><li>Reputation and loss of trust </li></ul>
    13. 13. Intellectual Property Issues Issues Triggering Scenarios Potential Solutions Copyright infringement: using or sharing content you don’t own <ul><li>Employee blogging </li></ul><ul><li>Customer postings </li></ul><ul><li>Use of multimedia </li></ul><ul><li>Clear fair use policy </li></ul><ul><li>Take down provisions </li></ul><ul><li>Upload certifications </li></ul>Trademark dilution and misuse: creating confusion about the source of goods or services <ul><li>“ Profile jacking ” - competitor registers profile with your mark </li></ul><ul><li>Facebook fan pages and customer evangelism </li></ul><ul><li>Misleading posts about brand </li></ul><ul><li>Register first on all sites </li></ul><ul><li>Third party use guidelines </li></ul><ul><li>Brand monitoring (Radian 6) </li></ul>Exposure of trade secrets: sharing confidential information that gives the business a competitive edge <ul><li>Employee discussion posts </li></ul><ul><li>Document sharing (cloud computing and Google Wave) </li></ul><ul><li>Status updates </li></ul><ul><li>Confidentiality training </li></ul><ul><li>Trade secret audit </li></ul><ul><li>Policy on status updates that cover work and home (NDAs) </li></ul>
    14. 14. Speech Related Issues <ul><li>Defamation : false statements of fact, harmful to someone’s reputation, published with negligence or malice. ( Patent Troll blogger gets Cisco sued ) </li></ul><ul><li>Harassment : unwelcome conduct that unreasonably interferes with an employee’s work performance or creates an intimidating, hostile, or offensive work environment. </li></ul>
    15. 15. Employer Liability Related Issues Issue Triggering Scenarios Potential Solutions Discrimination – treating an employee differently based on a protected characteristic Employee posts objectionable content to the employer on a personal blog (see Delta Airlines “Queen of the Sky” case ) Create blogging guidelines and maintain an open communication channel with employees about content they post Invasion of Privacy – an unjustifiable intrusion into the personal information of your employees Employers force employees to turn over passwords to social networking sites so they can view content (see Houston restaurant case ) Make it a condition of at-will employment that employees register social media accounts , and provide clear guidelines of how this information will be used.
    16. 16. Litigation Related Issues <ul><li>Negligence: having a social media policy can potentially protect a company from claims of negligence for harmful act’s of their employees to others in social media spaces </li></ul><ul><li>Discovery issues: adversaries can look at your employee’s social media profiles as part of the fact gathering process </li></ul>
    17. 17. Public Relations Crisis <ul><li>Two Dominos Pizza employees posted this video on You Tube </li></ul><ul><li>Viewed 1-million times in a week </li></ul><ul><li>Google search for Dominos showed this as 1st hit </li></ul><ul><li>Cost money and time for PR department to clean up </li></ul><ul><li>Exposed business to potential class action suits by disgusted customers </li></ul>
    18. 18. Crafting a Custom Social Media Policy
    19. 19. Why is a Custom Policy Necessary? <ul><li>The needs of each company are different: there is no one-size-fits-all model policy </li></ul><ul><li>Employee guidelines minimize the risk of abuse and mistakes, allowing the company to join the conversation </li></ul><ul><li>Having a custom policy in place can negate negligence claims </li></ul>
    20. 20. Evaluating Your Needs <ul><li>SMP Equation: if growth opportunities > current media impact ÷ (liability) = need to join the conversation </li></ul>
    21. 21. How to Craft an Effective Social Media Policy = Based on these answers your lawyer can craft a policy that protects the legal interests associated your business goals, concerns, and potential outcomes.
    22. 22. Deployment: Putting Your Policy to Work <ul><li>Communication: publishing the policy (email, intranet, open web) </li></ul><ul><li>Training: mandatory for all employees (modules, live classes, “pass-it-on”) </li></ul><ul><li>Monitoring activity: listening to what is being said by your company and about your company with period reporting to your lawyers </li></ul><ul><li>Employee input on the policy: quarterly reviews with focus groups </li></ul><ul><li>Revising the policy: based on changing needs of the business and social media landscape, work with lawyers on annual reviews and revisions </li></ul>Protecting yourself against litigation: partnering with a law firm through each stage of crafting, deploying, and revising your policy helps avoid legal issues
    23. 23. Making It All Work <ul><li>Social media is here to stay </li></ul><ul><li>A law firm will help you craft a policy that fits your legal and business needs </li></ul><ul><li>There is a continuing need to maintain law firm involvement after the policy is deployed to protect against potential litigation </li></ul>
    24. 24. How to Contact Mike Mintz Direct Contact Online Networks Email: fragmintz@gmail.com Linkedin: http://il.linkedin.com/in/mikemintz Phone (Israel): 052-591-6816 Twitter: http://twitter.com/fragmintz Phone (US): 973-883-1064 Martindale-Hubbell Connected

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