Social Media and Legal Concerns

Social Media & Legal Concerns

PRESENTED BY

TERESA MARTIN, FLIP CAT CONSULTING

19 AUGUST 2015

© Flip Cat Consulting 2015

We help business ideas land on their feet.


Legal Disclaimer: This information does not constitute legal advice and is

for educational purposes only. This information is based on current federal

law and subject to change based on changes in federal law or subsequent

interpretive guidance. Since this information is based on federal law, it

must be modified to reflect state law where the state law is more stringent

than the federal law or other state law exceptions apply. Unless you're in

Florida trying to work with Social Media and understand applicable laws,

then all bets are off. Florida laws on the matter are confusing - at best.

This information is intended to be a general information resource regarding

the matters covered, and may not be tailored to your specific circumstance.

YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS, AND ADVICE PROVIDED HEREIN IN

CONSULTATION WITH YOUR LEGAL OR OTHER ADVISOR, AS APPROPRIATE. The

existence of a link or organizational reference in any of the following

materials should not be assumed as an endorsement. At this pøint, søme øf

yøu may think this disclaimer shøuld include statements by Scandianvian

møøse. Møøses? Meece? The ønly phrase I know is Var Har Duvarit Hella Mit

Liv? which I cøuld explain, but søme may get the wrøng idea, sø I'll just

prøceed with the presentation.


?Who is responsible when problems arise?

Organizations?

Social Media Managers?

Both?Who Knows???


The Importance of Social Media Guidelines

Liability Without a Policy

Taking Action

Intellectual Property – Your Rights & Others

Who Has Your Voice


THE IMPORTANCE OF SOCIAL MEDIA GUIDELINES






1. Have a policy in place.2. Inform all employees & volunteers with

authority to post on your behalf.3. Design action steps for crises.4. Plan: a) How you will respond online, and

b) How you will follow up offline.5. Inform all staff of the situation as needed.

Respond in reasonable time:AA responded to my request within 30 minutes, despite the Great 2015 Ice-mageddon…I’m still waiting to hear from LPQ.


Policy Should Address (for example): • Harassment• Defamation• Intellectual Property• Revealing Confidential Information

Need help crafting your policy?Glenna Hecht, Humanistic Consulting



LIABILITY OF NO POLICY? EXPOSURE!

Initial bar: The hiring process

Prove your hiring practices

Seek information without coercion


F O M Ofear of missing out


M O R Eis not always

B E T T E R.

Sometimes, it’s just

M O R E.


Hug Your Haters!


1. Seek our your haters2. Leave no complaint unturned3. Craft a “hatrix” to guide response

Hug Your Haters!


Hug Your Haters!


People who complain put in the effort. You can deal with complaints. ~ Jay Baer


© TM ®Gordon Firemark, @gfiremark(Podcasts; Entertainment Law)

#BLURREDLINES#GOTTOGIVEITUP


© TM ®

SOCIAL MEDIA POLICY


© TM ®


© TM ®

an apple a day keeps the employer awake


OOPS!!!


OOPS!!!

“We’ve deleted the rogue tweet but

rest assured the Red Cross is sober and we’ve confiscated the keys.”


OOPS!!!

charity · charity · charity · miley cyrus

news organization· charity · lady gaga · charity

charity · justin bieber· charity · donor organization




“I bring order to businesses and

people’s financial lives,enabling them to bemore productive.”


WHY

HOW

WHATWHY

HOW

WHAT


Social Media Guidelines

Liability Without a Policy

Plan for Taking Action

Respect IP – Yours & Others

Mind Who Has Your Voice

RE-CAP:


REFERENCES

http://www.HumanisticConsulting.com – for assistance drafting a Social Media Policy

http://www.americanbar.org/content/dam/aba/administrative/litigation/2014_cbl_rogue_employee_social_media.authcheckdam.pdf - The Rogue Employee & Social Media Exposure

http://www.jdsupra.com/legalnews/an-apple-a-day-keeps-employers-awake-96961/ - What Wearables Mean for Employers

Hug Your Hatershttp://www.inc.com/jay-baer/how-to-hug-your-haters-3-ways-to-use-complaints-to-strengthen-your-business.html

http://www.humanisticconsulting.com/

http://www.americanbar.org/content/dam/aba/administrative/litigation/2014_cbl_rogue_employee_social_media.authcheckdam.pdf

http://www.jdsupra.com/legalnews/an-apple-a-day-keeps-employers-awake-96961/

http://www.inc.com/jay-baer/how-to-hug-your-haters-3-ways-to-use-complaints-to-strengthen-your-business.html

Teresa Martin

FlipCatConsulting.com

214.356.5544

@FlipCatLLC

VP Programming, Social Media Dallas

We help business ideas land on their feet.