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Reputation Management and Social Media Chris Gatewood @gatewood5000 www.thresholdcounsel.com SMCRVA, Jan 2011

Smcrva jan 2011

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Presentation on the legal aspects of social media, for Social Media Club of Richmond, VA January 2011

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Page 1: Smcrva jan 2011

Reputation Management and

Social Media

Chris Gatewood

@gatewood5000 www.thresholdcounsel.com

SMCRVA, Jan 2011

Page 2: Smcrva jan 2011

You Can’t Say That on the

Internet

or

Page 3: Smcrva jan 2011

Your Basic Playbook

1. Policies and Real Estate - risk management

2. Listen. Really Listen - monitoring3. Iron While Damp – respond, and quickly4. Ask for Help – credible requests and

demands5. What Are You Going to Do, Sue?

Page 4: Smcrva jan 2011

1: Risk Management

• Own the Real Estate• SEO Efforts

• SM, Blogging, Press Releases

• Manage Risks• Develop SM policies, training

Page 5: Smcrva jan 2011

2: Are You Listening?

Money

WorkMonitor:• Low End – free, DIY Google Alerts

• Mid-Level – monthly paid service

• Full Service – hire someone

Christopher Gatewood
examples include Chick-fil-A w anti-gay PA group
Page 6: Smcrva jan 2011

3: Respond On-Site

Iron While Damp

Why?• Fast, Same Place

Why Not?• Attention, Credibility

Page 7: Smcrva jan 2011

4: DemandCredibility

Know the Limits• v. hoster - CDA Safe Harbor

• v. poster - Is it Defamation?

Terms of Service

• Community or Industry Sites

• Gripe Sites

Page 8: Smcrva jan 2011

4: DemandWhat are you asking for?

• Take Down

• Nofollow or robot.txt

• More prominent response

Page 9: Smcrva jan 2011

5: LitigationThere Will be Fallout

Calls More Attention

A Commitment

• Lots of Money, and Lots of Time

No Guarantees

• Results Will Vary

Page 10: Smcrva jan 2011

• Tweets re: drug dealer, prostitute

• Less harmful on Twitter?

• Trial February 6th

Ones to WatchSimorangkir  v. Love

Page 11: Smcrva jan 2011

• Connecticut ambulance worker

• Facebook comments

• Fired, but NLRB says that was not justified for comments

• Was SM policy and firing too harsh?

Ones to WatchSouza v. AMR