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ISSA Social Media Summit Social Media and Legal Risk

ISSA Social Media Summit Social Media and Legal Risk. Presenters. Dino Tsibouris Principal, Tsibouris & Associates, LLC Justin Root Attorney, Porter, Wright, Morris & Arthur Mehmet Munur Attorney, Tsibouris & Associates, LLC. Outline. Brief Overview of Social Media

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ISSA Social Media Summit Social Media and Legal Risk

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  1. ISSA Social Media Summit Social Media and Legal Risk

  2. Presenters Dino Tsibouris Principal, Tsibouris & Associates, LLC Justin Root Attorney, Porter, Wright, Morris & Arthur Mehmet Munur Attorney, Tsibouris & Associates, LLC

  3. Outline • Brief Overview of Social Media • Legal Risks Associated with Social Media • Social Media Policies • Social Media in Litigation • Conclusion

  4. What is Social Media? Use of web-based and mobile technologies to turn communication into an interactive dialogue. • Facebook • Twitter • YouTube • LinkedIn • Blogs

  5. Legal Implications of Social Media • Brand Image • E-Discovery and Litigation • Human Resources and Employment • Privacy • Regulatory • Security • Torts

  6. Brand Image In about five minutes it’ll be sent out on delivery where somebody will be eating these, yes, eating them, and little did they know that cheese was in his nose and that there was some lethal gas that ended up on their salami. Now that’s how we roll . . . Domino’s employee on YouTube

  7. Brand Image OATS has lost their way and no longer has a sense of mission or even a well-thought-out theory of the business. They lack a viable business model that they can replicate. They are floundering around hoping to find a viable strategy that may stop their erosion. Problem is that they lack the time and the capital now. • John Mackey, Whole Foods CEO • on Yahoo! Finance

  8. Brand Image / Outsourcing

  9. Security Please send payment to the new bank account for Quad Graphic using the attached Electronic Payment Authorization form. Scammer to Accounts Payable Representative at Condé Nast

  10. Security I am a Senior Business Development / Marketing / Sales Executive Consultant with 20 years+ in the Federal Government Homeland Security / Civilian / DoD Security Marketplace. • Security professional • messaging Robin Sage to discuss her cyber intelligence background using social media

  11. Human Resources The small 8 oz. bags of chips, and the $2.00 cookie plate from Sam’s Club, and the semi fresh apples and oranges were such a nice touch . . . but to top it all off . . . the Hot Dog Cart. Where our clients could attain a over cooked weiner and a stale bunn . . . • BMW Salesman who complained about the Dealership’s Ultimate Driving Event on Facebook

  12. Endorsements Amazing new game. ONE of the BEST! Really Cool Game. • Public relationship company employees reviewing games on iTunes

  13. Security Related to Social Media • Threats from the inside • Threats from the outside

  14. Threats from the Inside • Lost productivity • Lost sensitive data • Loss of goodwill • Loss of control of professional image

  15. Threats from the Outside • Data tracking • Hacked accounts • Data breaches • Responding to an incident • Reporting obligations • Civil Reporting Obligations • Criminal Reporting Obligations • R.C. 2921.22(A)(2) • R.C. 2913.04(B)

  16. E-Discovery • The Electronic Communications Privacy Act (18 U.S.C. § 2510) • The Stored Communications Act (18 U.S.C. § 2510)

  17. E-Discovery What are the implications of these laws? • Preclude the access of content, even with a civil subpoena • Criminalizes improper access of content

  18. E-Discovery How do we obtain content? • Ordinary discovery • Subpoena the account holder • Move for an order compelling consent • Forensic analysis of in-house computers? • Splash screen? • Reasonable expectation of privacy? • Corporate policy?

  19. Policy • No one-size-fits-all • Balance competing interests, engage stakeholders • Reasonable and common sense limits on employee use of social media • Respect activity protected under NLRA • Education and awareness • Consider a response plan • Uniform enforcement • Periodic review and training

  20. Conclusion Counter legal risks relating to social media using reasonable policies, uniform enforcement, education and awareness.

  21. Questions

  22. Dino Tsibouris dino@tsibouris.com (614) 360-3133 Justin Root jroot@porterwright.com (614) 227-2129 Mehmet Munur mehmet.munur@tsibouris.com (614) 360-3101

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