Madhu Singh - EmMeCon Seattle 2013
- 1. MANAGING LEGAL RISK IN AN INCREASINGLY CONNECTED AND DIGITAL WORLD. @MKSINGHLAW
- 2. How many people in the room own a business that uses social media or other digital marketing? How many people in the room offer social media or other digital marketing services for their clients? Or employers? @MKSINGHLAW
- 3. How many people use Yelp? Or other review sites? What usually prompts you to write a review? What would you do if you got a bad review that you think is not true or unfair? @MKSINGHLAW
- 4. Defamation: Statement of fact + published to a third person + the statement is false and defamatory + of or concerning the plaintiff + there is damage to plaintiff’s reputation Defense: Truth, Opinion and Fair Comment (Court looks to context and medium) @MKSINGHLAW Can you sue someone from writing a bad review?
- 5. TORTS Intrusion of Privacy; Publication of Private Facts Interference with Business Relationships Fraud/Misrepresentation Intentional Infliction of Emotional Distress @MKSINGHLAW Other potential liability concerns
- 6. As an employee do you have an obligation to maintain trade secrets of your employer? What about after you leave? Could you be liable if you accidently tweet new product information before the launch date? @MKSINGHLAW
- 7. NEGLIGENCE: Duty of Care? Leaking of Proprietary or Confidential Info Misappropriation of Trade Secrets Breach of Contractual Obligations Non Disclosure Agreements @MKSINGHLAW
- 8. INTELLECTUAL PROPERTY Who owns the copyright? Who owns the rights if you hire someone to promote your business through social media? Does a tweet or status update meet the threshold for copyright protection? @MKSINGHLAW
- 9. TRADEMARK Creating Confusion Over a Brand Confusing Users About Your Relationship to a Trademark Twitter Parody vs. Trademark Infringement @MKSINGHLAW
- 10. ONLINE ADVERTISING FTC Guidelines Truthful and Not Misleading Disclose Relationship (if any) “Clear and Conspicuous” Tweet: Include Ad or link Blog: Post at top of blog @MKSINGHLAW
- 11. Final Thought Everything you tweet, post, blog, Facebook, etc. can and will be used against you in a court of law. @MKSINGHLAW