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Social Media: Advice for the HighSchool StudentSalene Mazur Kraemer, EsquireBusiness Lawyer and Strategic ConsultantJim Davis, Esquire, Hancock County ProsecutorBusiness Lawyer1

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SOCIAL MEDIA REVOLUTION• http://youtu.be/3SuNx0UrnEo2

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Social Mishap #1“Harlem Shake”Who: StudentsSocial Mishap: YouTubeWhat went wrong? All over the US high school and college studentsare getting suspended and parents are suing school districts overthese “dance” videos.3

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Social Mishap #2Chad OchocincoWho: Football PlayerSocial Mishap: TwitterWhat went wrong? Fined $25,000for tweeting during an NFL gametime banMark Cuban also got a $25,000 finefrom the NBA for tweetinggrievances about referees4

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Social Mishap #3Hurricane SandyWho: Fashion Retailers (Gap and Urban Outfitters)Social Mishap: TwitterWhat went wrong? Both fashion retailers promoted selling their productsby playing a pun off of Hurricane Sandy5

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Social Mishap #4ESPNWho: Sports News BroadcasterSocial Mishap: WebsiteWhat went wrong? When announcing the first Americanbasketball player of Chinese origin Jeremy Lin, ESPN used theoffensive word “Chink”6

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What is Social Media?“[B]lending of technology and social interactionsfor the co-creation of value” -Wikipedia• A group of Internet-based applications thatbuild on the ideological and technologicalfoundations of Web 2.0, which allows thecreation and exchange of user-generatedcontent, as opposed to the passive viewing ofcontent.• CGM-consumer-generated media.• Users create online communities to shareinformation, ideas, personal messages, andother content7

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What Is Social Media?SocialMediaSocial Networks(Facebook;LinkedIn)Microblogs(Twitter)BlogsMedia SharingWebsites(YouTube, Flickr,Slide.com)CollaborativeSites(wikipedia;investopedia)8Definition Benefits Drawbacks How To Issues Experiences

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PERFORMANCE:10Definition Benefits Drawbacks How To Issues ExperiencesLinkedIn•Update status (events, variety)•Comments/like/share other s’updates•Engage in groups(discussions/share news)•Email to target groupTwitter•Tweet re: services/products, industry trends/knowhow, tips, advice, personal stories•Retweet•Respond to @replies/mentions•Comment on other users’links/tweets•Ask questions in tweet•Use hashtags/tweetups•Socialize•Use lists/favoritesFacebook•Update status (personal, marketexpertise, tag friends)•Share/post links(articles, blogs, news, tag/share)•Comment /Like (afternetworking, achievements, bdays,)•Fan Pages

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MY SOCIAL MEDIA STORY11LINKEDIN: (2007)1238 connectionsBUSINESS BLOG: (November11, 2009) 58,000 + hits, 68+posts, 26 subscribersFLICKR: (2011)salene photostreamFACEBOOK: 836 friends 182likes (2010)TWITTER:@salenekraemer (2009)1113 followersYOUTUBE: (2012): 15videos, 451 viewsBANKRUPTCY BLOG:(April, 2013) 6 posts, 79 views

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MY SOCIAL MEDIA STORYLINKEDIN:BLOG:12

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MY SOCIAL MEDIA STORY• TWITTER:• FACEBOOK:• FLICKR:13

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Did You Know?14

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Nearly a third (32%) of people aged 18-24 use social networking…in the bathroom.15

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Recap of 201216

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Did You Also Know?• More than half of people aged 25-34 usesocial networking in the office, more than anyother age group.• Did you know that one out of eight couplesmarried in the United States in 2010 met viasocial media?• On the other hand, 20% of divorces are nowblamed on Facebook.17

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DRAWBACKSWhy We Are Here Today• Ruin College Admissions• Ruin your reputation• Can get fired from job or never hired• Can be a victim of harassment, discrimination, stalking,bullying• Can face criminally liability (jail +$)• Can face civilly liability ($)– Contract/Regulatory– Tort– Intellectual Property– Evidence in court against you18ViralPermanentNon-private

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College Search• 82% of admissions officers use Facebook torecruit prospective students– 80% of admissions officers have received friendrequests from prospective students• Scholarships: Social Media sites offerscholarships (ie Twitter, Facebook)19

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Job Search• 34% of employers who scan social media profilesfound content that has caused them not to hire acandidate– About 50% due to provocative or inappropriatephotos and information posted on his or her profile– 45% due to evidence of drinking and/or drug use– Other reasons:• Profile displayed poor communication skills,• Candidate bad mouthed previous employers,• Candidate made discriminatory comments related torace, gender, or religion• Candidate lied about qualifications20

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Social Media Screening• 37% of employers use social networks toscreen potential job candidates (2 out of every5 companies)– 65% to see if the job seeker presents himself orherself professionally– 51% to see if the candidate is a good fit for thecompany culture– 45% to learn more about his or her qualifications21

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Getting a Job• 61% use as primary professional network• 87% trust LinkedIn as source for decisionmaking• >2.6 Million companies have Company Pages• LinkedIn recommendations can get you hiredfaster22

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Remember?Anthony WeinerProfession: (Ex)CongressmanSocial Mishap: TwitterWhat went wrong? Instead of “direct messaging” he tweeted a picture ofhimself in boxers. He lost his career.23

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Facebook FiredAshley PayneProfession: (Ex) School TeacherSocial Mishap: FacebookWhat went wrong? Ashley was asked to resign from Apalachee HighSchool after posting pictures of herself drinking (one was at the GuinnessFactory in Ireland) and Facebook status updates with expletives.24

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FiredA 22-year old was offered a joband excitedly tweeted about it.The tweet was passed on tothe Hiring Manager at Ciscoand his offer for the “fattypaycheck” rescindedDomino’s employees uploadeda video on YouTube of themdoing disgusting things tofood. They were subsequentlyfired.25

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Legal IssuesIntellectual Property Employment Law(harassment, discrimination)Tort Contract/Regulatory26Definition Benefits Drawbacks How To Issues Experiences

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Legal IssuesContract/RegulatoryTortIntellectualPropertyTrademarkinfringementContributoryinfringementCopyrightinfringementSecondaryinfringementFair UseTrade SecretviolationsRight of PublicityNamesquattingImpersonationDefamation (libel)Invasion ofprivacyBreach ofcontractFalseAdvertisingPromotions/SweepstakesUnfaircompetition27Definition Benefits Drawbacks How To Issues Experiences

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How to Get Fired or in Deep Trouble• Breach express policies.• Criticize your employer, your boss, co-workers, clients, products or services.• Make offensive, negative, disparagingcomments.• Make controversial comments without saying“Views Are My Own, Not My Employer’s.”• Make disclosure if paid to post.28

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How to Get Fired or in Deep Trouble(cont’d)• Speak on behalf of a company, group without authority• Post pictures without consent, SOURCE• Impersonate or fake post• Disclose confidential information• Tell lies/untruths• Loaf on Social Media• Plagiarize on people’s words, videos, images. SOURCE29

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Other Criticisms of Social Media• LACK OF CONCENTRATION:Middle-school, high school and college students who usedFacebook at least once during a 15 minute period got lowergrades overall. “Fast (Internet/social) media and deep slowthought don’t mix well.”• LACK OF HUMAN INTERACTION:American youth are showing severe lack of social skills.Loneliness.• DISTORTS REALITY: Posting how you want to appear.• ADDICTION: A certifiable medical condition. Onepsychiatrist claims he treats as many as 100 case/year.• OTHER: insomnia, mood swings, attention deficits at schooland increased obesity30

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Pearls of Wisdom1. MANAGE YOUR BRAND: what you do, buy, wear,read, experience, say, comment, “like” (Keepclean accounts; no inappropriate postings andpictures).2. PRIVACY (Tighten so only friends can see).3. GOOGLE AND GOOGLE ALERT YOURSELF.4. MONITOR (pages at least 1/week).31

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Pearls of Wisdom (cont’d.)1. REVIEW OLD POSTINGS.go back to when you first joined social media)2. WHAT ARE YOUR FRIENDS SAYING ABOUT YOU?get and give approval before pictures areposted).2. DON’T BE NAIVE:relationships can be fleeting in high school!!!32

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RULES OF THUMB1. If you dont want your parents to see it, don’tpost it.2. DON’T BE A COWARD: If you wouldn’t saysomething to someone’s face at a meeting orpicnic or party, don’t email, text or Facebookit.33

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DO:1. Think 3X before sending anything.2. Walk away from phone or computer if angry.3. Remember you are likely monitored.4. Comply with anyschool, team, group, club, employer policies(logo, branding, disclosures, disclaimers, missionstatements).5. Be authentic.6. Be respectful.7. Cautiously discuss politics/religion.34

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DON’T:1. Forget your acts may be imputed to yourschool, team, club, group, employer2. Be negative. Do not disparage anyone period.3. Be insincere or fake.4. Give away too much location/personal data.5. Tag with wild abandon.6. Swear.7. Spam.8. @reply when you meant to DM.9. Post to a wall when you should have emailed viaINBOX.35

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SOCIAL MEDIA POLICIEShttp://www.youtube.com/watch?v=8iQLkt5CG8I36One Government’s EmployeeSocial Media Training Video

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37Salene MazurKraemer, Esquire, MBA, CTP-Dsalene@mazurkraemer.comKatie Imler, JD/MBAStudent, Pitt Lawkatie@mazurkraemer.comMAZURKRAEMER BUSINESS LAWreinvigorating our economy, empoweringentrepreneurship one business at a timeBANKRUPTCY * BUSINESS LAW *STRATEGICCONSULTING*LITIGATION* INTERNET LAWPITTSBURGH, PENNSYLVANIAWEIRTON, WEST VIRGINIA

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MAZURKRAEMER BUSINESS LAWMail to : 3205 Pennsylvania Avenue, Suite B, Weirton WV 26062Phone: 304.300.0593 (WV)Phone: 412-427-7075 (cell)Website: www.mazurkraemer.comFax: 1-888-718-6752Follow Us on Twitter: www.twitter.com/salenekraemerLets Get LinkedIn: www.linkedin.com/in/salenekraemerFacebook: https://www.facebook.com/#!/MAZURKRAEMERlawWatch Us on YouTube: http://www.youtube.com/user/mazurkraemerLICENSED TO PRACTICE LAW IN PA, WV, AND NJ38

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RESOURCES*The 6Ps of the BIG 3™ for Job-Seeking JDs, by Amanda Ellishttp://www.6psbig3.com/blog/index.php/buy-the-book/ or http://amzn.com/0578053039.•PBI.org’s CLE Facebook, Twitter, Blogging- Oh My Space, available herehttp://tinyurl.com/3sasdjm•See also posts we made to our Twitter Feed @salenekraemer and our MazurkraemerFacebook Page.39

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10. Chrysler9. Qwikster8. Qantas7. Godaddy.com6. Unilever (Ragu)5. Kenneth Cole4. Anthony Weiner3. Virgin America2. Paypal1. Blackberry-David Amerland41Definition Benefits Drawbacks How To Issues Experiences