The document discusses the legal implications of social media for businesses, emphasizing the importance of understanding content ownership, employer liability, and discoverability of electronically stored information (ESI). It highlights the need for clear policies and training to mitigate risks associated with social media use in professional environments. Moreover, the presenters advocate for the strategic use of social media while ensuring compliance with legal standards.

1. The Legal Implications of Social Media for Business Kelly Twigger | ESI Attorneys Sara Meaney | Comet Branding + PR

2. PRESENTERS | Kelly Twigger owner and founder ESI Attorneys Former partner Quarles & Brady LLP Guest lecturer, Marquette University Law School Milwaukee Business Journal: Forty Under 40 Class of 2010 E-discovery expert Kentucky basketball fanatic Kentucky Derby -- Official Host First Computer: IBM AS2 First Blog Post: December 2007 First Tweet: August 2009

3. PRESENTERS | Sara Meaney partner | left brain | co-owner Comet Branding + PR Social media, PR and strategic marketing pro Co-founder of Social Media Club, Milwaukee Guest lecturer, Communications: UW-Whitewater, Marquette Milwaukee Business Journal: Forty Under 40 Class of 2010 Co-host of Comet Radio Blogger, Twitterer, Foursquare junkie Metrics geek Favorite karaoke song: Don’t Stop Believin’ First computer: Commodore 64 First Tweet: August 2008 Twitter followers: 5,183

4. Disclaimer, Assumptions and Assurances The Business Case for Social Media Legal Issues in Social Media Kelly: Mitigation measures: training, education Kelly: Document management Thoughts on organizational policy Questions SOCIAL MEDIA | OVERVIEW |

5. POP QUIZ | SOCIAL MEDIA | 1. What do you call a message sent out via Twitter? a. SMS b. Tweet c. Twit d. Perplexing

6. POP QUIZ | SOCIAL MEDIA | 1. What do you call a message sent out via Twitter? a. SMS b. Tweet c. Twit d. Perplexing DID YOU KNOW? 50 million tweets are sent per day

7. POP QUIZ | SOCIAL MEDIA | 2. Which group is the largest user demographic on Facebook? a. 0 - 17 b. 18 - 24 c. 25 - 34 d. 35 - 54 e. 55+

8. POP QUIZ | SOCIAL MEDIA | 2. Which group is the largest user demographic on Facebook? a. 0 - 17 b. 18 - 24 c. 25 - 34 d. 35 - 54 e. 55+

9. POP QUIZ | SOCIAL MEDIA | 3. How many searches does Google handle per day ? a. 15.3 million b. 32.7 million c. 807.4 million d. 1.3 billion e. 2.7 billion

10. POP QUIZ | SOCIAL MEDIA | 3. How many searches does Google handle per day ? a. 15.3 million b. 32.7 million c. 807.4 million d. 1.3 billion e. 2.7 billion source: comScore Does not include BING, Yahoo, or any other search engines WOW.

11. This is not another Social Media 101 lecture. This contents of this presentation will not strengthen your argument against using social media for business. We are unapologetic users and advocates for the strategic use of social media for business. Tweeting live comments during this session may result in shared knowledge and business opportunities. Proceed with caution. SOCIAL MEDIA | DISCLAIMER |

12. You have used Google at least once in your lifetime. Or you know someone who has. You’ve heard of Twitter, Facebook, LinkedIn and YouTube before. You acknowledge that the aforementioned social media sites have some relevance to you and/or your business. You want to know more about the uses of these sites and the implications/risks involved. SOCIAL MEDIA | ASSUMPTIONS |

13. You’ve come to the right session. You can ask questions both during and after the presentation. You are encouraged to use social media during the presentation; we will not be offended or distracted by it. SOCIAL MEDIA | ASSURANCES |

14. Audience attention span is short Increasingly noisy online marketplace Cross-functional applications Measurable: cause-effect ROI - if leveraged strategically SOCIAL MEDIA | BUSINESS CASE |

15. BUSINESS CASE | ATTENTION SPAN IS SHORT | *source: Nielsen Norman Group n= 45,000+ page views YIKES! *Online readers only read 20% of the words on the screen.

16. BUSINESS CASE | IT’S NOISY ONLINE | DID YOU KNOW? Social media contributes to your SEO and improves findability.

17. BUSINESS CASE | CROSS-FUNCTIONAL APPLICATIONS | Customer service via Twitter Direct sales through Twitter Crowd-sourced product innovation: IdeaStorm Entrepreneur community hub Market research Facebook for recruitment: 45,000+

18. BUSINESS CASE | MEASURABLE: CAUSE - EFFECT | B.S. Example: (Before Social Media) A.S. Example: (After Social Media)

19. BUSINESS CASE | DIRECT RETURN ON INVESTMENT | B2B client example: Significant increase in qualified client prospects More new business meetings

20. BUSINESS CASE | WORKING IT OUT | Marketing/Communications and Legal can sometimes be adversarial. Gotta get past that for social media to be effective. Knowing the facts will support collaboration.

21. WHAT YOU SHOULD KNOW | LEGAL ISSUES | Content ownership -- whose is it and what does delete mean? Utilizing third party content (RT@, YouTube) Employer liability for content Using social media for hiring -- do’s and don’ts Discoverability of ESI on social media How to mitigate risks

22. LEGAL ISSUES | BASIC TENENTS | Very little case law yet on these issues; law still developing ESI = Electronically Stored Information Seek legal advice where risk is high Same law applies to electronic communications as written ones If you post it, you own it

23. LEGAL ISSUES | POSTING THIRD PARTY CONTENT | U.S. Copyright Act, 17 U.S.C. Section 101, et. seq. prohibits using any third party content, i.e. photos, videos or songs taken by or belonging to someone else; civil and criminal with treble damages and fees Digital Millenium Copyright Act (sec. 512) -- protects site from liability

24. User/poster owns content LEGAL ISSUES | WHO OWNS POSTED CONTENT? | Text Deleted does not mean gone

25. LEGAL ISSUES | UTILIZING SOCIAL MEDIA FOR HIRING | Posting recruiting information Reviewing social media sites for prospective hires

26. LEGAL ISSUES | DISCOVERY OF ESI ON SOCIAL MEDIA | Rules governing discovery of information in litigation expanded to allow for discovery of ESI All ESI that is relevant or responsive in litigation is discoverable Same level of analysis of written materials put out by companies needs to be made with social media; a tweet can and will be evidence

27. LEGAL ISSUES | DISCOVERY OF ESI ON SOCIAL MEDIA | Uncle Sam knows social media and he knows how to get it And now he owns it too!

28. LEGAL ISSUES | MITIGATING THE RISKS | Establish well thought out, readable policy for acceptable use of social media Provide age appropriate training for users; consider video and written policy http://www.sun.com/communities/guidelines.jsp

29. LEGAL ISSUES | MITIGATING THE RISKS | Establish communication between legal and dept utilizing social media for legal review Understand retention of ESI for sites you are using Develop and execute on planned social media strategy; avoid surprises or rogue employees

30. LEGAL ISSUES | SOCIAL MEDIA GOLDEN RULES | When in doubt, don’t. You are personally responsible for material you post. Always identify yourself. Identify personal opinions as personal. Be consistent, ethical and respectful.

31. THANK YOU | QUESTIONS? | QUESTIONS?

32. THANK YOU | CONTACT US | [email_address] Twitter: @kellytwigger Phone: 414.375.2015 Web: esiattorneys.com [email_address] Twitter: @sarameaney Phone: 414.672.8777 Web: cometbranding.com slideshare.net