Legal Issues Concerning Social Media Use by Employees


Please join the webcast about Social Media Use with my good friends Michelle Cheng, Yvonne Gierczyk-Skasko, and me sponsor by the ALI-ABA (American Law Institute – American Bar Association) which be live on December 7, 2010 at 12:30pm CST. Michelle, Yvonne, and I will discuss our experiences with Facebook, LinkedIn, Yelp, and many other Social Media sites. We will discuss the Coca Cola Social Media Principles, a recommended Law Firm Social Media Policy, and this top ten list of the legal risks associated with employee use of Social Media:

1. Copyright Infringement – posting content without permission from the owner
2. Trademark Infringement – showing third party logos/TMs without permission
3. Right of Publicity/Privacy – showing a person’s image/likeness without permission
4. Defamation, Libel and Slander – making false claims about a person
5. False Advertising/Unfair Competition – making false claims about a product or service
6. FTC Guides on Endorsements & Testimonials in Advertising – truth in advertising principles apply in digital media and word of mouth marketing. Bloggers or Social Media influencers that are compensated to blog/post/tweet about the Company must disclose the fact that they were compensated. Employees should disclose the connection to their employer when blogging/tweeting/posting about the Company’s products or services in Social Media.
7. Disclosure of Proprietary/Confidential Information –disclosure of material information
8. Labor – FLSA issues – e.g. non-bargained for employees engaging in Social Media during off-hours.
9. Employee/HR issues – employee conduct on Social Media
10. Collection and Retention of Personally Identifiable Information (PII)

Please join us on December 7th AT 12:30pm CST and of course we welcome your comments and feedback.

The publications contained in this site do not constitute legal advice. Legal advice can only be given with knowledge of the client's specific facts. By putting these publications on our website we do not intend to create a lawyer-client relationship with the user. Materials may not reflect the most current legal developments, verdicts or settlements. This information should in no way be taken as an indication of future results.

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