Understanding the Legal Issues in Social Networking
The growth of social media as a business tool in the last 10 years has been nothing short of prolific. Companies are using this clever medium to expand their bottom lines in exciting ways. It’s a powerful business tool, however it does not come without risks. Companies must have a complete understanding of the legal issues related to social networking in order to address the legal implications, mitigate the risks, and make the most of their social networking strategy.
The Knowledge Group is assembling a panel of key regulators and thought experts to help companies understand the legal issues surrounding the use of social networking. In a two-hour Live Webcast, speakers will not only provide valuable insights on how to navigate through potential pitfalls but they will also discuss different issues in the mix including:
- Information Security
- Intellectual Property
- Advertising Law
- Employment Law Issues
- eDiscovery and Litigation
- Social Media Policy
- Risk Mitigation
- Regulatory Updates
- And Answers to Questions Submitted by You!
Andrew J. Hollander, Of Counsel,
K&L Gates LLP
- Protecting your brand (trademarks), and how to deal with misuse/infringement of your trademarks
- Social media policies for organizations – examples of good ones, pitfalls. This ties in with next topic:
- Audit of website and social media sites so that material is accurate and not misleading.
- Employment law issues
- Social media for health care, and lack of guidelines from FDA (e.g., letter to Novartis critical of its use of Facebook widget)
Melissa Landau Steinman, Partner,
Effectively Using New Promotional Techniques on Social Media and Mobile Applications Without Violating the Law:
- Running successful sweepstakes and contests on social media;
- Addressing legal and practical issues in user generated content promotions;
- Keeping up with changing rules on social media platforms;
- The dos and don’ts of designing and implementing loyalty programs and websites, and how to encourage bloggers without encouraging violations of the law;
- The ins and outs of reverse auctions, daily deals and other cutting-edge promotional techniques being implemented on social media platforms;
- Potential privacy traps when promoting your product on social media and mobile technologies.
David G. Mallen, Deputy Director, National Advertising Division,
The Better Business Bureau
- What are the “rules of the road” for advertising in social media?
- Who is responsible for claims made in tweets, blogs and on Facebook?
- Are Facebook “likes” endorsements?
- Examine developments in the use of endorsements and testimonials and online behavioral advertising.
- Learn about the role of voluntary industry self-regulation in providing guidance and resolving disputes in social media.
Justin Brookman, Director, Consumer Privacy Project,
Center for Democracy & Technology
- Legal/ethical questions around prohibiting/restricting/reacting to negative social media content (will reference our FTC complaint against Medical Justice)
- Legal/ethical questions around data collection/usage through social media promotions (Gratis Internet, Sears)
- State right of publicity laws (using non-celebrity consumer/customer name or likeness in promotions) (Plus, Facebook, LinkedIn cases and controversy)
- Edge cases of social media promotion (Wikipedia entries (CIA, Diebold), message board astroturfing (Lifestyle Lift, Whole Foods), soliciting op-eds (Burson/Facebook), Like-gating (I understand David is talking about this too, but I suspect I will have a different opinion!)
Who Should Attend:
‒ General Counsel
‒ Private Companies
‒ Public Companies
‒ Senior Executives
‒ Marketing Officers
‒ Marketing and Advertising Professionals
‒ Compliance, Risk and IT Officers
‒ HR Professionals
‒ Legal Risk Officers and Administrators
‒ And other related professional
Andrew J. Hollander is Of Counsel at K&L Gates LLP and concentrates his practice in intellectual property including online legal issues.
Mr. Hollander’s intellectual property experience includes assisting clients in all stages of growth in identifying, protecting and enforcing their intellectual property assets, including by registering and enforcing trademarks including clearing brand names, obtaining and enforcing patents, protecting creative works and enforcing copyrights, online and computer law, domain names, advertising law, and licensing agreements and other contracts.
Mr. Hollander advises on IP due diligence for mergers and acquisitions, as well as IP audits to identify and value one’s own IP. He is responsible for global trademark portfolios comprising thousands of trademarks in more than 140 countries. His diverse experience includes representing clients in the fields of computer software and hardware, online services, travel, health and beauty aids, consumer packaged goods, and financial institutions. He is registered to practice with the U.S. Patent and Trademark Office, and prepares and files patent applications. Prior to joining K&L Gates, Mr. Hollander was chief intellectual property counsel of a $4 billion dollar global company.
Andrew J. Hollander is Of Counsel at K&L Gates LLP and concentrates his practice in intellectual property including online legal …
Melissa Landau Steinman is a partner in Venable’s award-winning Advertising and Marketing Law practice group, focusing on advertising, marketing and new media, as well as distribution antitrust. She works with clients from every sector of industry at every stage of distributing consumer products and services, counseling some of the nation’s largest consumer products services companies on advertising and promotions, distribution, pricing, warranties, product safety and other matters. She has represented clients in both private and government litigation, and also has appeared before self-regulatory bodies such as the National Advertising Division of the Better Business Bureaus. Ms. Steinman has extensive experience in consumer promotions law, with specialized expertise in social media, gift cards, rebates, “free” gifts, and promotional sweepstakes and contests law. Ms. Steinman has worked on a diverse range of gaming issues relating to matters ranging from game shows to video gambling to social media and text messaging promotions. Ms. Steinman’s commentary on social media, sweepstakes and other promotional activities has appeared nationally in publications as prominent as the Los Angeles Times. Ms. Steinman wrote and edited the “Guide to Federal and State Regulation of Advertising,” a comprehensive two volume book/CD-ROM on the law of advertising and promotions.
Melissa Landau Steinman is a partner in Venable’s award-winning Advertising and Marketing Law practice group, focusing on advertising, marketing and …
David G. Mallen is the Deputy Director of the CBBB’S National Advertising Division (NAD), the investigative arm of the advertising industry’s self-regulatory organization and is responsible for the review of a broad range of national advertising campaigns in traditional and new media. In the course of analyzing legal, communication, and claim substantiation issues, he has resolved hundreds of advertising disputes and provided legal guidance to industry on the advertising of food and drug products, telecommunication services, computer and Internet technology, environmental claims and consumer household products. David is a popular public speaker and frequently lectures on advertising self-regulation, Green Marketing, scientific claim substantiation and sensory testing, international advertising issues and ethics. Before joining NAD, David practiced law at Kensington & Ressler L.L.C. in New York City, specializing in litigation. He graduated from Cornell University where he majored in Biology and Society and Albany Law School of Union University.
David G. Mallen is the Deputy Director of the CBBB’S National Advertising Division (NAD), the investigative arm of the advertising …
Justin Brookman is the Director for CDT’s Project on Consumer Privacy. Prior to joining CDT in January 2010, Mr. Brookman was Chief of the Internet Bureau of the New York Attorney General’s office. Under his leadership, the Internet Bureau was one of the most active and aggressive law enforcement groups working on internet issues, and Mr. Brookman brought several groundbreaking cases to protect the rights of online consumers. He brought the first regulatory actions against spyware and adware companies, as well as against the advertisers who funded those companies. He also brought several privacy cases against companies who misused or misappropriated consumers’ personal information, including the first enforcement of Gramm-Leach-Bliley’s restrictions on the use of consumer financial data. In 2009, Mr. Brookman brought the first case against a company for “astroturfing” — or seeding internet message boards and blogs with fake positive reviews. He also brought important actions to preserve free speech online and to preserve network neutrality.
Mr. Brookman previously worked as a litigation associate for six years at Fried, Frank, Harris, Shriver & Jacobson LLP in both its New York and Washington offices. He received his J.D. from the New York University School of Law in 1998 and his B.A. in Government and Foreign Affairs from the University of Virginia in 1995.
Justin Brookman is the Director for CDT’s Project on Consumer Privacy. Prior to joining CDT in January 2010, Mr. Brookman …
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Method of Presentation:
On-demand Webcast (CLE)
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The Better Business Bureau
Center for Democracy & Technology
About K&L Gates LLP
K&L Gates LLP comprises nearly 2,000 lawyers who practice in 40 offices across the United States, Europe, South America, Asia, and the Middle East. K&L Gates represents leading global corporations, growth and middle-market companies, capital markets participants and entrepreneurs in every major industry group as well as public sector entities, educational institutions, philanthropic organizations and individuals. Our lawyers counsel clients on their most sophisticated legal challenges in all areas of corporate and regulatory law as well as litigation.
For a second consecutive year, K&L Gates has been ranked as one of two law firms with the most first-tier rankings in the U.S. News-Best Lawyers “Best Law Firms” survey. In addition, K&L Gates was ranked No. 2 in Intellectual Property Today’s list of the Top Trademark Firms of 2011.
About Venable LLP
One of The American Lawyer’s top 100 law firms, Venable LLP has attorneys practicing in all areas of corporate and business law, complex litigation, intellectual property and government affairs. Venable serves clients throughout the U.S. and around the world from its headquarters in Washington, D.C. and offices in California, Maryland, New York and Virginia.