The past few years have witnessed an explosion of legal and regulatory activity involving social and other new media. The growth of Facebook as a platform for customer engagement, brand extension and other advertising and marketing efforts creates both new opportunities and new legal and business risks. The legislative and regulatory environment is also in flux as Congress and federal agencies rush to provide new rules, regulations and laws aimed at consumer protection, privacy and IP piracy. This session will examine several key areas, including copyright, trademark and related intellectual property concerns; false advertising and marketing restrictions; gaming; data privacy issues presented by social media; and impacts of social media on employees and the workplace. Attendees will learn how to identify legal risks and issues before they become full-scale emergencies and how to develop appropriate policies and guidelines covering social media activity.

2. Facebook is a Paradigm Shift

3. Effective marketing requires Legal
Compliance

4. Technological innovation comes with Massive
Risk

5. 5/12 10% of Internet traffic
up from 4% in 12/10
Mobile = ~8% of ecommerce
Monetization growing rapidly 79% is Apps
Mobile is changing the Game

6. Rapid increase of
time spent vs. $ spent on ads
Price of mobile clicks far less
Mobile ARPU is lower, but rising rapidly
Mobile is changing the Game

7. Drivers
Devices
Ultra competitive markets, massive innovation
Price of mobile clicks far less
Platforms
Nearly ubiquitous high speed wireless internet
UI - Increasing focus on design/usability
Beauty - relevant, personalized, curated content
Sharing- social emerging as starting distribution point for
content
Mobile is changing the Game

8. The Three C’s
Content
Connection
Commerce

9. Intellectual Property + Brand Protection
Contests + Sweepstakes
Content

10. Manage your reputation: Is the risk real? Yes.
Potential to damage brand.
Social Media shapes public opinion and
generates controversy. Perception is reality.
Content

11. How to guard online reputation:
1. Prepare. Pay attention to social media
conversations
2. Evaluate responses but don’t overreact
3. Participate
Content

12. Fan Pages – Branded Vs. Unbranded Pages
Content

13. a. Target Audiences
b. Privacy
c. Location
Connecting

14. a. Digital Currency
b. Advertorials
Commerce

15. Social Media is no longer just part of a marketing strategy.
Danny Rimer, a partner at European venture capital firm
Index Ventures, sees this as the future for e-commerce. In
his search for viable investments, he’s now looking for a
social media layer to any e-commerce company that comes
knocking at his door.
Business is Social

16. As social media is becoming more pervasive, state
legislatures are reacting: perceived threats, e.g. Cyber-
bullying leading to real attempts to control online speech.
Trends

17. Conduct a Social Media “Legal” Audit

18. Trade & Commerce Issues:
• Advertising & Promotions Laws
• Click-Wrap Agreements
• Choice of Law/Forum
• Disclaimers
• Federal Trade Commission Blogger Guidelines
• Insurance Law
• Industry Regulations & Guidelines
Social Media “Legal” Audit

19. HR & Employment Issues:
• BYOD & Computer Usage Guidelines for Employees
• Employment and Labor Laws
• Social Media Guidelines for Employees
Social Media “Legal” Audit

20. Be Proactive

21. Remember with Search & Social.
Problems can spread like wildfire.