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Social Media Risk Management
    Presented by: Ronald L. Hicks, Jr.
Social Media Is Exploding!




        © 2012, Meyer, Unkovic & Scott LLP
SHRM 2011 Survey

      • 68% of organizations
        reported currently
        engaging in social
        media activities to
        reach external
        audiences such as
        potential customers.

© 2012, Meyer, Unkovic & Scott LLP
SHRM 2009 Poll

• 25% = use social media to
  screen candidates
• 85% = less likely to hire a
  candidate if social
  networking is unprofessional


© 2012, Meyer, Unkovic & Scott LLP
Deloitte LLP 2009
  Ethics & Workplace Survey Results
                                     • 74% = easily damage a
                                       company’s reputation
                                       using social media.
                                     • 53% = their social
                                       networking is not their
                                       employers’ business.
                                     • 61% = will continue to use
                                       social media even if
                                       monitored.
                                     • 27% = don’t consider
                                       ethical consequences
© 2012, Meyer, Unkovic & Scott LLP
                                       when using social media.
The Next Web 2011 Survey
                                     • 44% of the companies
                                       surveyed said that they had
                                       policies in place for use of
                                       social media that covered use
                                       both in and out of the
                                       workplace
                                     • 70.7% claimed that they
                                       actively blocked social
                                       networks in the workplace
© 2012, Meyer, Unkovic & Scott LLP
Cisco Recruit

• “Cisco just offered me a job! Now I have to
  weigh the utility of a fatty paycheck against
  the daily commute to San Jose and hating
  the work.”
• “Who is the hiring manager. I’m sure they
  would love to know that you will hate the
  work. We here at Cisco are versed in the
  web.”
  © 2012, Meyer, Unkovic & Scott LLP
Kevin Colvin




               © 2012, Meyer, Unkovic & Scott LLP
© 2012, Meyer, Unkovic
          & Scott LLP
Kevin Colvin




               © 2012, Meyer, Unkovic & Scott LLP
Gloria Gadsden

• “Does anyone know where I
  can find a very discrete
  hitman? Yes, it's been that
  kind of day.”
• “Had a good day today.
  DIDN'T want to kill even one
  student. Now Friday was a
  different story.”
                                 © 2012, Meyer, Unkovic & Scott LLP
Ellen Simonetti




                  © 2012, Meyer, Unkovic & Scott LLP
Ellen Simonetti




                  © 2012, Meyer, Unkovic & Scott LLP
Moments




     © 2012, Meyer, Unkovic & Scott LLP
Domino’s Pizza

   • "Little do they know that the
     cheese was in his nose and that
     there was some lethal gas that
     ended up on their salami ... Now
     that's how we roll at Domino's."
   • “We got blindsided by two idiots
     with a video camera and an
     awful idea … .”


                      © 2012, Meyer, Unkovic & Scott LLP
F-Series


“I find it ironic that Detroit is known as the #motorcity
and yet no one here knows how to f**king drive.”
“This morning an inappropriate comment was issued
from the Chrysler brand Twitter
handle, @ChryslerAutos, via our social media agency
of record, New Media Strategies (NMS). After further
investigation, it was discovered that the statement
was issued by an NMS employee, who has since been
terminated.”
                                          © 2012, Meyer, Unkovic & Scott LLP
Nestle v. Greenpeace
Outspoken Pierogi




© 2012, Meyer, Unkovic & Scott LLP         By H. Darr Beiser, USAT
Social Media Risks/Liabilities

•   Hostile Work Environment Claims
•   Defamation Claims
•   Trade Secret Dissemination
•   Copyright/Patent Violations
•   Wage and Hour Issues
•   NLRA
•   Employee Privacy/Discoverability
•   SCA/ECPA
                                       © 2012, Meyer, Unkovic & Scott LLP
Social Media Risk
Management Strategies

       •   Develop Policies
       •   Educate Employees
       •   Implement Procedures
       •   Evaluate Risks and Utilize
           Various Strategies


                         © 2012, Meyer, Unkovic & Scott LLP
By Ashley Healy, “Social Media: Risk Mitigation Techniques,” posted December 16, 2010
at http://www.verndale.com/Our-Thinking/social-media-risk-mitigation-techniques.aspx.
                              © 2012, Meyer, Unkovic & Scott LLP
Thank you!
Ronald L. Hicks, Jr.
Meyer, Unkovic & Scott LLP
      Henry W. Oliver Building
  535 Smithfield Street, Suite 1300
       Pittsburgh, PA 15222
            412.456.2800
         www.muslaw.com

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Social Media Risk Management

  • 1. Social Media Risk Management Presented by: Ronald L. Hicks, Jr.
  • 2. Social Media Is Exploding! © 2012, Meyer, Unkovic & Scott LLP
  • 3. SHRM 2011 Survey • 68% of organizations reported currently engaging in social media activities to reach external audiences such as potential customers. © 2012, Meyer, Unkovic & Scott LLP
  • 4. SHRM 2009 Poll • 25% = use social media to screen candidates • 85% = less likely to hire a candidate if social networking is unprofessional © 2012, Meyer, Unkovic & Scott LLP
  • 5. Deloitte LLP 2009 Ethics & Workplace Survey Results • 74% = easily damage a company’s reputation using social media. • 53% = their social networking is not their employers’ business. • 61% = will continue to use social media even if monitored. • 27% = don’t consider ethical consequences © 2012, Meyer, Unkovic & Scott LLP when using social media.
  • 6. The Next Web 2011 Survey • 44% of the companies surveyed said that they had policies in place for use of social media that covered use both in and out of the workplace • 70.7% claimed that they actively blocked social networks in the workplace © 2012, Meyer, Unkovic & Scott LLP
  • 7. Cisco Recruit • “Cisco just offered me a job! Now I have to weigh the utility of a fatty paycheck against the daily commute to San Jose and hating the work.” • “Who is the hiring manager. I’m sure they would love to know that you will hate the work. We here at Cisco are versed in the web.” © 2012, Meyer, Unkovic & Scott LLP
  • 8. Kevin Colvin © 2012, Meyer, Unkovic & Scott LLP
  • 9. © 2012, Meyer, Unkovic & Scott LLP
  • 10. Kevin Colvin © 2012, Meyer, Unkovic & Scott LLP
  • 11. Gloria Gadsden • “Does anyone know where I can find a very discrete hitman? Yes, it's been that kind of day.” • “Had a good day today. DIDN'T want to kill even one student. Now Friday was a different story.” © 2012, Meyer, Unkovic & Scott LLP
  • 12. Ellen Simonetti © 2012, Meyer, Unkovic & Scott LLP
  • 13. Ellen Simonetti © 2012, Meyer, Unkovic & Scott LLP
  • 14. Moments © 2012, Meyer, Unkovic & Scott LLP
  • 15. Domino’s Pizza • "Little do they know that the cheese was in his nose and that there was some lethal gas that ended up on their salami ... Now that's how we roll at Domino's." • “We got blindsided by two idiots with a video camera and an awful idea … .” © 2012, Meyer, Unkovic & Scott LLP
  • 16. F-Series “I find it ironic that Detroit is known as the #motorcity and yet no one here knows how to f**king drive.” “This morning an inappropriate comment was issued from the Chrysler brand Twitter handle, @ChryslerAutos, via our social media agency of record, New Media Strategies (NMS). After further investigation, it was discovered that the statement was issued by an NMS employee, who has since been terminated.” © 2012, Meyer, Unkovic & Scott LLP
  • 18. Outspoken Pierogi © 2012, Meyer, Unkovic & Scott LLP By H. Darr Beiser, USAT
  • 19. Social Media Risks/Liabilities • Hostile Work Environment Claims • Defamation Claims • Trade Secret Dissemination • Copyright/Patent Violations • Wage and Hour Issues • NLRA • Employee Privacy/Discoverability • SCA/ECPA © 2012, Meyer, Unkovic & Scott LLP
  • 20. Social Media Risk Management Strategies • Develop Policies • Educate Employees • Implement Procedures • Evaluate Risks and Utilize Various Strategies © 2012, Meyer, Unkovic & Scott LLP
  • 21. By Ashley Healy, “Social Media: Risk Mitigation Techniques,” posted December 16, 2010 at http://www.verndale.com/Our-Thinking/social-media-risk-mitigation-techniques.aspx. © 2012, Meyer, Unkovic & Scott LLP
  • 22. Thank you! Ronald L. Hicks, Jr. Meyer, Unkovic & Scott LLP Henry W. Oliver Building 535 Smithfield Street, Suite 1300 Pittsburgh, PA 15222 412.456.2800 www.muslaw.com

Editor's Notes

  1. In a 2011 survey conducted by Society for Human Resource Management (SHRM), 68% of organizations reported currently engaging in social media activities to reach external audiences such as potential customers. [3] 93% of marketers use social media for business. [4][3] SHRM Research Spotlight: Social Media in the Workplace, November 2011, available at: http://www.shrm.org/Research/SurveyFindings/Documents/Part%203_Social_Networking_Media_Flier_FINAL.pdf.[4] 2011 Social Media Marketing Industry Report, available at: http://www.socialmediaexaminer.com/social-media-marketing-industry-report-2011/.
  2. In a 2011 survey reported by The Next Web, 44% of the companies surveyed said that they had policies in place for use of social media that covered use both in and out of the workplace. More interestingly,70.7% of those respondentsclaimed that they actively blocked social networks in the workplace. The Next Web, Social Media in the Workplace, August 17, 2011, available at: http://thenextweb.com/socialmedia/2011/08/17/44-of-companies-track-employees-social-media-use-in-and-out-of-the-office/. 
  3. The Kit Kat bar maker, Nestle, has long been the target of Greenpeace which has objected to the candy maker’s use of palm oil. According to Greenpeace, the palm oil that Nestle uses allegedly comes from companies that are “trashing Indonesian rainforests ... and pushing orangutans towards extinction.” In 2010, Greenpeace uploaded a YouTube video depicting an office worker opening a Kit Kat wrapper, pulling out an orangutan finger, and letting blood drip on his face and computer. The group then said that Nestle had asked YouTube to remove the video, citing copyright violations. Greenpeace asked its supporters to swarm Nestle's Facebook page and change their profile pictures to altered anti-Nestle logos, like "Killer" instead of "Kit Kat." Not to be bullied by Greenpeace’s tactic, Nestle’s social media representative began posting multiple iterations of a warning: "We welcome your comments, but please don't post using an altered version of any of our logos as your profile pic -- they will be deleted." Those warning inflamed even more Facebook users, who joined the pile-on -- while the Nestle rep devolved into snark and derision. Nestle's official replies included "Thanks for the lesson in manners. Consider yourself embraced" and "Oh please .. it's like we're censoring everything to allow only positive comments." Several hours later, the Nestle rep finally backed down, by posting the following message: "This was one in a series of mistakes for which I would like to apologise. And for being rude. We've stopped deleting posts, and I have stopped being rude." Two months later, Greenpeace declared "mission accomplished" when Nestle agreed to end its palm oil contract with a specific company.