Showing posts with label NFL. Show all posts
Showing posts with label NFL. Show all posts

Monday, October 3, 2011

Hank Williams, Social Media Crisis Management, and the Contract Morals Clause

Hank Williams must go into crisis management mode immediately if he wants to retain his corporate marketability. This morning on "Fox and Friends" Williams appeared to compare President Obama to Adolf Hitler. Williams was asked to clarify his initial analogy and he stated that Obama and Vice President Biden are "the enemy." Subsequently, ESPN pulled his opening for this evening's Monday Night Football game.

During the past 23 seasons, Williams has provided an introduction for Monday Night Football based off of his hit song "All My Rowdy Friends Are Coming Over Tonight." If Williams does not want to permanently harm his corporate marketability he must act swiftly and apologize for his remarks. If not, ESPN may permanently remove his opening act from Monday Night Football and the NFL community may distance itself from him in the same manner that CBS ended its relationship with Jimmy (the Greek) Snyder for his comments in 1988 regarding African-American athletes.

A well-drafted morals clause may provide ESPN the ability to terminate its relationship with Williams for his comments without having to pay him for the duration of his contract. A contract morals clause provides a company the ability to terminate the services of an endorser if the endorser engages in activity that is inconsistent with a company's public image.

Williams' response over the next couple days will determine whether the NFL community will continue to embrace him. It is possible the incident may blow over. However, in the Social Media Age one comment, blog post, YouTube video, or Tweet has the ability to forever change one's circumstances. Therefore, the sooner Williams demonstrates remorse the better chance he has of retaining his relationship with ESPN and the NFL.

To learn how to respond to a crisis in the Social Media Age you may contact me at www.shearlaw.com.

Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved. Link

Thursday, August 25, 2011

Social Media, Sports Media, NCAA Compliance, and Student-Athletes

When posting content on the Internet/Social Media it is imperative to be very careful what you say and how you say it. Everyone is capable of a slip of the tongue once in awhile. However, when comments are put online they become permanent. After one has been notified of an Internet/Social Media slip of the tongue he/she may want to quickly apologize and/or correct the record because in the Social Media Age you must realize that everything you put online has the ability to go viral and cause damage to your reputation very quickly.

On August 24, 2011, I read a Foxsports.com article by Jennifer Floyd Engel, entitled, "If the NCAA won't police self, NFL should". The article discussed Terrelle Pryor's five game suspension that was handed down by NFL Commissioner Roger Goodell for what appears to be Pryor's behavior while a student-athlete at Ohio State. The NFL's disciplinary system is covered by its collective bargaining agreement and Goodell has wide latitude in punishing NFL players for their conduct on and off the field.

Ms. Engel brings up some interesting points regarding whether the NFL should discipline NCAA student-athletes for transgressions that occurred before they join the NFL. The NCAA has a problem on its hands regarding enforcement of its rules and regulations and Goodell's suspension of Pryor with what may be the blessing of the NFLPA could deter student-athletes from allegedly violating NCAA rules in the future. The recent problems at the University of Miami, the University of North Carolina, the University of Southern California, and Ohio State demonstrate that something needs to be done to deter NCAA violations.

However, Ms. Engel states, "Roger [NFL Commissioner] sent a clear message that the NFL will no longer be a safe harbor for college football terrorists"and "[w]hile the little terrorists (or those so accused by a very-little, admitted money terrorist, Shapiro) all have cushy landing spots — at Texas Tech and Missouri and the NFL..."

Calling student-athletes terrorists who may have violated NCAA rules demonstrates ignorance. Those who Ms. Engel refers to may be NCAA rule violators, rule breakers, or *$&#(@!%, but they are not terrorists. Ms. Engel has every right to refer to student-athletes who may violate NCAA rules and create very difficult situations for the schools, their fellow students, alumni, coaches, etc... as terrorists if she chooses to do so. I notified Ms. Engel that her online comments were inappropriate and her response appears to demonstrate ignorance of the situation. Ms. Engel should really think about the definition of a terrorist before calling some-student athletes terrorists and then defending her position.

Every time a student-athlete or professional athlete posts something online that may be deemed inappropriate members of the media attack them for their online behavior. Should the media call out Ms. Engel in the same manner that it castigates student-athletes and professional athletes when they make what some may deem inappropriate online comments?

To learn more about these issues you may contact me at www.shearlaw.com.

Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.

Thursday, June 9, 2011

Players Associations, Sports Leagues, the NCAA, and the Olympics Must Say No To Social Media Monitoring of Athletes

Professional and amateur sports must say no to forcing social media monitoring software (e.g. malware) on their professional, amateur, and student athletes. Criminals in prison and those under house arrest need to be monitored and tracked; however, young men and women should be provided social media life skills.

Institutions that deploy social media monitoring services are wasting their precious resources since crowdsourcing already performs this service for free. Monitoring athletes' social media usage is a reactive approach that is doomed to failure. A recent CBS Sports article touted social media monitoring of professional and amateur athletes as something that both labor and management could agree on. The article further states that within 2-3 minutes after an alleged inappropriate post a cautionary e-mail is sent to both the monitor (a school or franchise) and an athlete. What the article does not discuss is that once a Tweet or a Facebook post has been made it can never be deleted from the Internet. Within seconds, a Tweet can be re-tweeted and a Facebook post can be shared hundreds of times.

Therefore, how can social media monitoring help? It can't. Remember Congressman Weiner's accidental tweet that was meant to be a direct message. Within a few minutes after Mr. Weiner Tweeted a message to a college student that included a link to a photograph of himself in his underwear he tried to delete it. However, once content has been uploaded online it is too late. Mr. Weiner learned this the hard way (no pun intended). Thousands of people were following Mr. Weiner on Twitter so no social media monitoring service could have saved Mr. Weiner from his own stupidity.

Social Media monitoring is like using a condom after sex. It is too late to offer any protection. Once an alleged inappropriate message has been sent out via social media a monitoring service is worthless because it can't protect an athlete or an institution from the consequences of an alleged inappropriate post. Social Media monitoring services are unable to offer protection because they are reactive and not proactive. In other words, these services are fool's gold.

There are multiple major legal issues involved with social media monitoring of athletes. These may include First Amendment, employment, and tort liability issues. Those organizations that deploy social media monitoring of their athletes are not only wasting their time and money on a worthless reactive service, but they also are creating major legal liability issues. Furthermore, it is very easy to change a social media account name and there is the problem of fake accounts and hacked accounts.

The bottom line is that professional and amateur sports organizations along with colleges and universities should not deploy social media monitoring of their athletes unless they are interested in wasting their money and incurring unanticipated legal liabilities.

To learn how to avoid social media legal liability in professional and amateur sports you may contact me at www.shearlaw.com.

Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.

Monday, June 6, 2011

Update: Social Media Crisis Management, Weinergate, Politics, Football, and the Law

Soon after I made my original post regarding Congressman Weiner's alleged inappropriate Tweet, Mr. Weiner came clean in a news conference in New York City. Mr. Weiner apologized for lying and his terrible mistake throughout his social media crisis.

If Mr. Weiner would have hired an attorney well versed in social media matters immediately after this scandal broke and received and followed his advice the fallout of this situation may have been lessened. People make dumb mistakes all the time. However, Mr. Weiner should have known better, especially since fellow Congressman Chris Lee resigned a few months ago due to a similar situation.

It will be very difficult for Mr. Weiner to regain the trust and respect of his constituents and his colleagues. As I have been saying for a long time, be careful what you post online. One wrong post may destroy your professional career and/or personal life.

To learn how to properly handle a social media crisis you may contact me at www.shearlaw.com.

Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.

Social Media Crisis Management, Weinergate, Politics, Football, and the Law

Does your company or client have a social media crisis management plan? Social media crisis management is not the same as traditional media crisis management. Social media is a different animal than traditional media and those who advise clients in the social media space must understand the legal, political, public relations, and economic effects, etc... of a social media crisis.

In a social media crisis management plan, a lawyer may play a central role within the social media crisis management team. The type of role that a lawyer plays in a social media crisis depends on the matter. Legal issues appear to be front and center in many of these situations so a lawyer may act in a capacity similar to a quarterback and/or a middle linebacker on a football team. Sometimes a lawyer must go on the offensive and act like Johnny Unitas to further his client's interests. At other times, a lawyer must act like Ray Lewis to defend his client's interests. A lawyer must have a multi-dimensional background and the social media skills, knowledge, and personality to handle the situation.

Last week, Congressman Anthony Weiner of New York was embroiled in a scandal due to his alleged social media usage. A photograph of a man in his briefs was sent from Congressman Weiner's Twitter account to a college student. Mr. Weiner initially acted like this matter was a prank and no big deal. Hacking into an email or social media account is not as uncommon as some may think and there are serious security loopholes in many online systems. For example, Sarah Palin's email account was hacked during the 2008 presidential campaign and the perpetrator was sentenced to a year and a day in prison for unauthorized access to a protected computer.

The alleged hacking of Mr. Weiner's Twitter account has been called "Weinergate" by some media outlets. The story would have died a natural death within a couple of days it first becoming public; however, Mr. Weiner could not say with "certitude" that the alleged inappropriate image that was sent from his Twitter account was not of him. In addition, Mr. Weiner did not ask for an official investigation into the matter by the proper authorities. It is very troubling that Mr. Weiner has not requested an official investigation into this matter.

Due to Mr. Weiner's initial handling of the matter, the story has mushroomed and has stayed in the news cycle for more than a week. I commented about this matter on MSNBC on June 1, 2011 during the noon hour. During my appearance on MSNBC, I stated that wire fraud and/or computer fraud may have occurred if Mr. Weiner's Twitter account or other electronic systems were hacked. In addition, I stated that Mr. Weiner should request an official investigation into the matter by the proper authorities.

At first glance, it sounds ridiculous to spend precious resources to investigate whether a congressman sent an inappropriate image from his Twitter account. Our country has better things to do with its time and money than to investigate whether a congressman is sending allegedly lewd images of himself to others online. However, during the past few weeks there have been some high profile cyber attacks against some of our country's largest companies and if Mr. Weiner's Twitter account and/or other electronic accounts were hacked it needs to be investigated to determine if there are any security vulnerabilities with Mr. Weiner's electronic congressional accounts.

Hacking may be considered a game or a prank by some people. In some instances, hackers are able to find and notify the public about legitimate computer security concerns. However, hacking should not be thought of as an innocent prank because some countries now have cyber warfare units and it is alleged that the U.S. may attack another country conventionally if it is attacked online.

As I am writing this post, it appears that this may not be the first time that inappropriate photos have been sent from an electronic account purportedly belonging to Mr. Weiner. Since it appears that Weinergate may have gotten some new steam it is imperative that Mr. Weiner get his social media crisis management team together immediately. Mr. Weiner may want to avoid Tiger Woods' and Brett Favre's social media crisis management mistakes. It is too late to follow David Letterman's playbook and immediately do a mea culpa; however, if the new allegations against Mr. Weiner are true he should come clean before this scandal destroys his political career and personal life.

To learn more about the legal issues that are intertwined with social media crisis management and how to handle a social media crisis you may contact me at www.shearlaw.com.

Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.

Tuesday, January 18, 2011

NFL Teams and Executives Must Be Aware of the Legal Consequences of Their Social Media Usage

NFL teams and their executives must be very careful when utilizing social media. A few weeks ago, I reiterated why professional athletes and entertainers must exercise caution when utilizing social media. That post was in response to Baltimore Ravens Sergio Kindle's tweets about his medical condition and his subsequent DUI arrest. On January 5, 2011, John Elway started tweeting soon after he became Executive Vice President of Football Operations for the Denver Broncos based upon the recommendation of the Broncos Communications Department.

John Elway and the Denver Broncos received a tremendous amount of positive press by the national media for "conversing and engaging" with NFL fans. Sports writers and bloggers came out of the woodwork to exclaim how refreshing it was for an NFL franchise to utilize social media. It was one big love fest between members of the media and the sports blog community.

For several years, I have been predicting that professional sports will embrace social media. I am a fan of utilizing social media but as a lawyer I advise my clients of the numerous potential legal liabilities that social media may pose for users. Unfortunately, for John Elway and the Denver Broncos, Elway's social media usage may have already created some potential legal liability issues.

NFL teams and their executives should never Tweet how an interview went. On January 9th, Elway Tweeted, " Interviews with Perry Fewell and Eric Studesville went well today. We're looking forward to speaking with John Fox on Monday." Do executives from Coca-Cola or Pepsi discuss who they interviewed for high profile positions or how the interview went? No. So neither should the Denver Broncos or any other NFL team. What would happen if an NFL executive Tweeted about meeting with some, but, not every single coaching candidate and a candidate who would have complied with the Rooney Rule was not mentioned? Could this infer non-compliance with the Rooney Rule?

John Elway also Tweeted about Tim Tebow's status with the Broncos in a series of 3 tweets on January 8th which may have been in response to a report by Peter King that implied that Tebow may be traded. NFL teams must be very careful when tweeting about the status of their current, past, or potential future employees.

NFL teams and their executives may want to exercise caution when utilizing social media to ensure that they avoid any potential legal liability. Conversing and engaging with fans online may garner a lot of positive media attention but there are serious legal liability issues that users need to be aware of if they want to have a successful and non-litigious social media experience.

To learn more about the legal issues that your may affect your social media usage you may contact me at htp://www.shearlaw.com.

Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.

Wednesday, December 22, 2010

New York Jets' Rex Ryan Needs to Take His Feet Out of His Mouth and Address Foot-Fetish Gate

The New York Jets' Rex Ryan needs to take his feet out of his mouth. Usually, when you hear the saying that someone has their foot in their mouth it means that they are saying things that are not very intelligent. However, in this instance, Ryan has figuratively put both of his feet in his mouth to intentionally avoid addressing what will become known as Foot-Fetish Gate.

According to Deadspin.com, a woman who looks very similar to Ryan's wife Michelle has been posting videos onto YouTube about feet fetishes. In addition, if you listen to one of the videos posted the voice sounds similar to Ryan's. The YouTube account ("ihavepretty feet") that originally contained these videos was so popular that YouTube allegedly terminated the account for terms of service violations.

Foot-Fetish Gate was on the Cover of today's New York Daily News. According to NJ.com, when Ryan was asked about the videos in a press conference today he stated, "This is a personal matter and I'm not going to discuss it. This is a personal matter, I hope you can respect the fact I don't want to discuss it."

Ryan should have followed the way Dave Letterman handled his social media situation when Letterman was blackmailed about his personal conduct last year. On December 2, 2009, I blogged about how well Letterman handled his social media crisis and stated that Tiger Woods should follow David Letterman's social media crisis playbook. David Letterman came out publicly very quickly on his show and admitted what had happened. Letterman's honest response made the story die very early in the news cycle with no apparent professional consequences.

In contrast, Tiger Woods for months refused to address his personal problems that became public soon after Thanksgiving 2009. Woods' handling of his social media crisis has derailed his career, cost him millions in sponsorship dollars and destroyed his marriage. The final chapter on Brett Favre's sexting scandal has not been written yet so it is too early to properly review his social media crisis response.

From the facts I have seen so far, it does not appear that Rex Ryan or his wife have engaged in any activity that could cause him legal problems. Therefore, I would advise Rex Ryan to come clean and make this a non-story quickly. Ryan may want to take a page from Hugh Grant's personal incident from 15 years ago when Grant was caught with a hooker. Grant did the talk show circuit and made light of the matter. Grant's career did not suffer because he apologized and acted sincere and audiences have embraced him ever since. If you win football games people generally don't care what you do in your spare time. Even then, the U.S. is a very forgiving country. For example, Michael Vick has resurrected his career due to his recent on the field play and his positive contributions to his surrounding community.

Since Ryan and his wife may only be guilty of poor decision making he should do a 180 as soon as possible and give a press conference that honestly addresses Foot-Fetish Gate before this weekend's NFL games begin. Nobody cares what Ryan and his wife do in their spare time as long as the Jets win. However, if the Jets lose this Sunday and don't make or go far in the playoffs Ryan and/or his wife's off the field activities may be further questioned. Personally, I can't wait to see and hear what the Chicago Bear fans will say to Ryan at this weekend's game. Are you ready for some football?

To learn how to properly handle a social media crisis you may contact me at http://www.shearlaw.com/.

Copyright 2010 by the Law Office of Bradley S. Shear, LLC. All rights reserved.

Wednesday, October 13, 2010

Brett Favre, Sexting, and Social Media Crisis Management

Brett Favre, the NFL, and the Minnesota Vikings have a social media public relations crisis that needs to be resolved immediately. This matter was allegedly caused by Brett Favre's innapropriate use of social media and electronic communication devices.

According to Deadspin, in 2008 while Brett Favre was playing for the New York Jets he contacted Jets hostess Jenn Sterger mulitple times in order to spend some "personal time" with her. It appears that Ms. Sterger was not interested in spending "personal time" with Favre. On Deadspin.com's website it is also alleged that Favre may have tried to have inappropriate contact with other females who had some type of professional relationship with the Jets organization. The messages allegedly left by Favre on Sterger's voice mail appear to be very troubling. In addition, it is alleged that Favre sent pornographic photos of himself electronically to Sterger.

On December 2, 2009, and on December 10, 2009 I discussed how Tiger Woods should handle his social media crisis. Unfortunately, Woods did not follow my advice and he lost his family, his reputation, millions of dollars in endorsements, and the ability to focus on his professional career.

As of this writing, Brett Favre has not publicly addressed in detail this matter and has reportedly only apologized to his teammates for being a distraction. Favre has said little to the media regarding the allegations against him. However, Favre has not stated that he is innocent of these allegations.

If Favre directly addresses this matter he has to be careful about what he says because there may be legal issues in addition to the NFL personal conduct policy issues that need to be resolved. At first glance, it appears that any possible legal issues may only be civil and not criminal in nature. One possible legal issue may be sexual harassment. However, this situation is fluid and may change depending on the facts uncovered.

Therefore, I advise Favre to do what I advised Woods to do: sit down with your legal counsel and tell them exactly what happened so your legal team can draft and execute a strategy that will keep your reputation intact. Favre's relationship with his family, fans, sponsors (Ex: Wrangler), the NFL community, etc... depends on Favre working closing with his legal team to resolve this matter. If there is a possibility that Favre's accuser has evidence that may damage Favre's reputation it may be in Favre's best interests to reach a confidential settlement with his accuser so Favre can keep his image intact. I would hate to see Favre experience the same type of downward spiral that has engulfed Tiger Woods.

This matter should be a wake up call to everyone to watch what you post on the Internet. In particular, you should be careful about what you write in an email, what you say in a voice mail or text message, and what you post on a social media site such as Facebook, MySpace, and Twitter, etc...

To learn how to protect your social media profile you may contact me at http://www.shearlaw.com/.

Copyright 2010 by the Law Office of Bradley S. Shear, LLC. All rights reserved.