This document discusses several legal concerns related to social media use including defamation, privacy torts, negligence, intellectual property, trademark, and online advertising laws. It notes the elements of defamation and available defenses. It also addresses issues around duty of care, leaking proprietary information, copyright ownership, creating brand confusion, FTC advertising guidelines, and how social media posts can be used in court.

1. WELCOME SOCIAL MEDIA USERS @MKSINGHLAW

2. GENERAL LEGAL CONCERNS WHEN ENGAGING IN SOCIAL MEDIA @MKSINGHLAW

3. Defamation : Statement of fact + published to a third person + the statement is false and defamatory + of or concerning the plaintiff + there is damage to plaintiff’s reputation Defense : Truth, Opinion and Fair Comment (Court looks to context and medium) @MKSINGHLAW

4. TORTS Intrusion of Privacy; Publication of Private Facts Interference with Business Relationships Fraud/Misrepresentation Intentional Infliction of Emotional Distress @MKSINGHLAW

5. NEGLIGENCE: Do you have a Duty of Care? Leaking of Proprietary or Confidential Info Misappropriation of Trade Secrets Breach of Contractual Obligations Non Disclosure Agreements @MKSINGHLAW

6. INTELLECTUAL PROPERTY Who owns the copyright? Who owns the rights if you hire someone to promote your business through social media? Does a tweet or status update meet the threshold for copyright protection? @MKSINGHLAW

7. TRADEMARK Creating Confusion Over a Brand Confusing Users About Your Relationship to a Trademark Twitter Parody vs. Trademark Infringement @MKSINGHLAW

8. ONLINE ADVERTISING FTC Guidelines Truthful and Not Misleading Disclose Relationship (if any) @MKSINGHLAW

9. Final Thought Everything you tweet, post, blog, Facebook, etc. can and will be used against you in a court of law. @MKSINGHLAW