Understanding the Legal Issues in Social Networking
Overview:
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
- Privacy
- Intellectual Property
- Advertising Law
- Employment Law Issues
- eDiscovery and Litigation
- Social Media Policy
- Risk Mitigation
- Regulatory Updates
- And Answers to Questions Submitted by You!
Agenda:
SEGMENT 1:
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)
SEGMENT 2:
Melissa Landau Steinman, Partner,
Venable LLP
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.
SEGMENT 3:
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.
SEGMENT 4:
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:
‒ Attorneys
‒ 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 …
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 …
Justin Brookman is the Director for CDT’s Project on Consumer Privacy. Prior to joining CDT in January 2010, Mr. Brookman …
Course Level:
Intermediate
Advance Preparation:
Print and review course materials
Method of Presentation:
On-demand Webcast (CLE)
Prerequisite:
NONE
Course Code:
114208
NASBA Field of Study:
NY Category of CLE Credit:
Total Credits:
2.0 CLE
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SPEAKERS' FIRMS:
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.