This document discusses the opportunities and risks of using social media for businesses. It provides statistics on social media usage and examples of companies using social media platforms like Facebook, LinkedIn and Twitter successfully. However, it also outlines the legal and compliance risks businesses need to consider, such as privacy, defamation and regulatory issues. It stresses the importance of having social media policies and training employees on proper usage.

1. Web 2.0…Business Friend or Foe Stephen Weyer Stites & Harbison PLLC

2. Traditional Business Development

3. Selling Your Company, Events and Projects

4. Web 2.0 Dynamic internet experience Media – “re-creates” or “captures reality” Sharing content among other users Pictures Information Likes/dislikes News articles Social Media

5. Web Content Blogs Forums, Q&A sites, membership-only sites Collaborative intranet sites, such as Wiki’s, SharePoint, etc. Social media, such as Facebook, Twitter, LinkedIn, YouTube, SlideShare, etc. Any information delivered over HTTP

6. The Basics

7. What is Social Media? Local

8. Why Use Social Media? Engaging Effective Efficient Economical Everyone

9. In the News… Russia is the most “social” 75% of its citizens spend at least 9.8 hours/week on social networking sites Role in Middle East revolutions Egypt Libya Snowball fights in DuPont Circle Snowpocalypse and snowmageddon

10. Statistics* 250 million blogs 500 million Facebook users 27 million daily Tweets 1.2 billion daily YouTube views * March 2010

11. Who is Using Social Media?

12. What Should We Use?

13. Facebook | Retail

14. Facebook | Banking

15. Facebook | Health Care MD Anderson Cancer Clinic

16. Facebook | Healthcare Roswell Park Cancer Institute “ A simple response is all it takes to humanize the experience.”

17. LinkedIn

18. How Should We Use It? Will my audience relate to it? Am I giving something of value to someone? Does this make me look knowledgeable, a resource, an expert?

19. Facebook | LinkedIn

20. Making Connection

21. What is Twitter? “ Twitter is a social networking and microblogging service that enables its users to send and read messages known as tweets. Tweets are text-based posts of up to 140 characters displayed on the author's profile page and delivered to the author's subscribers who are known as followers.”

23. Linked Twitter Feed

24. Getting the word out…

25. 1. Become A Resource

26. 2. Access to Timely Information

27. 3. Gain Visibility

28. How Much Time? <1 hr a day for Social Media Read and research about 30 minutes Blogging about 2-3 days per week Average 5-10 tweets per day Assuming 30 seconds, 5 minutes per day About 10 minutes scanning other tweets

29. Computer Resources RSS = Really Simple Syndication

30. What Can’t Social Media Do 4U REPLACE A MARKETING STRATEGY DELIVER INSTANT SUCCESS GUARANTEE INFLUENCE SAVE A SINKING SHIP

31. Your Take-Aways!

32. 1. Marketing

33. 2. Connecting

34. 3. Supporting

35. 4. Educating

36. 5. Customer Support

37. 6. Communicating

38. 7. Recruiting

39. 8. Researching Would you hire and retain this person? Would have the same response?

40. Making It Work Together

41. Pitfalls…. Lawsuits for: Tort (defamation, intentional infliction of emotional distress, negligence, etc.) Copyright and trademark infringement Breach of contract Workplace harassment Regulatory and Compliancy Issues Document retention Trade Secrecy/Confidentiality Privacy Cyber bullying

42. Communications Decency Act (“CDA”) Protects Internet Service Providers (“ISPs”) and web hosts from liability (e.g., defamation) resulting from third party’s content/posts. Does not protect employers from content posted by employees.

43. Regulations Impacting Social Media FDA21CFR202.1 Pharmaceuticals, Food, Supplements, Cosmetics HIPAA Healthcare FINRA Notice 10-06 SEC 17a-3, 17a-4, Sweep Letter NASD 2210, 2310, 3010, 3110 USDA Patriot Act Financial Sarbanes-Oxley Publicly Traded Companies Freedom of Information Act, State Regulations Government Agencies Federal Rules of Civil Procedure Everyone Regulations That May Apply Industry or Field

44. Employee Use Beneficial to company but at what cost? Productivity? Employer Monitoring 2009 Study – 77% of employees who have a Facebook account use it during work hours.

45. Cyberbullying Use of Internet to harass or torment by credible threatening or harassing message or postings Cyberstalking - using the Internet in a pattern of threatening or malicious behaviors toward an individual that pose a credible threat of harm Megan Meier Story (MySpace)

46. Disgruntled Employee Sites www.rantasaurus-rex.com www.jobvent.com www.hateboss.com www.workrant.com www.rateyourjob-rateyourboss.com www.Glassdoor.com

47. Marketing Anonymity Who is the person or company behind the words? Employee’s personal view Statements on behalf of Company Third party/independent observer FTC Regulations Endorsement: “any advertising message that consumers are likely to believe reflects the opinions, beliefs, findings or experiences of a party other than the sponsoring advertiser….” Disclosure of relationship of endorsees to the advertisers Examples of Abuse or Deception: Paid positive postings Employees who hype employer’s products

48. How To Proceed Determine how to meet regulatory obligations Identify and understand all potential exposures Document social media usage policies Educate employees Start small with a corporate presence Control access and enforce compliance Expand presence incrementally with caution

49. Key Social Media Considerations It is no longer a question of whether a social media policy is needed, it is more a matter of what that policy proscribes and how the risks associated with social media are to be managed. Do you presently have a document retention and governance policy that includes social media? Consider that they should be part of the same document. Do you have a plan for preservation and the collection of social media from a technical perspective? Basic key considerations for constructing that policy are: Short and long term data storage strategies—What is being retained that does not need to be? Audit processes—Is there a system to monitor social media, internal and external facing? Enforcement Protocols—Is the appropriate access being granted or denied to websites, users and certain functionality? Litigation Response Plans—When the duty to preserve kicks in, is there a plan to deploy litigation hold “in place” and to collect the data? How will it be reviewed? Employee Education and Training Programs—Are employees aware of the guidelines surrounding social media use and have they been properly trained?

50. Contact Information Phone: 703-837-3908 Email: [email_address] Facebook: facebook.com/stephen.weyer.esq LinkedIn: www.linkedin.com/in/stephenweyer Twitter: @weyer_esq

51. The End Questions?