Never put in an email anything that may embarrass you if it were to show up on the front page of the New York Times or in this case Boston.com. According to Boston.com, Harvard Business School Professor Ben Edelman got into an email war of words with a local Chinese food restaurant after he realized that its online menu had outdated takeout prices and that he was charged $4 dollars more than what was listed online.
Should the restaurant have an accurate online take out menu? Yes. Online prices should accurately reflect current prices. While Prof. Edelman cites potential violations of Massachusetts law, he could have also mentioned that the matter was a potential Article 5 Violation of the FTC Act regarding unfair and deceptive trade practices. Is a class action lawsuit or an FTC complaint coming soon?
Even though it appears that Prof. Edelman utilized his personal email
account when interacting with the Chinese food restaurant, what if he
utilized his professional account? Since Harvard has closely monitored the emails of some of its deans in the past,
could this situation trigger Harvard to search through Prof. Edelman's
Harvard account to determine if he has violated any of its rules
regarding personal use of Harvard's computer accounts or systems?
Due to social media, every time Ben Edelman is Binged, Googled, Yahooed!, etc.. this situation may show up on the first page of his search results. Whenever I hear the name Ben Edelman, I will think about Chinese food and a $4 overcharge. However, this should also be a lesson to all businesses that they must ensure that their online advertised prices accurately reflect current prices.
The Digital Age has made our personal online activities more discoverable and it has eroded our personal privacy. Even though Prof. Edelman was right regarding the need for businesses to have the correct prices listed on their websites, the way he handled the situation may create some potential reputation issues for him both personally and professionally. The bottom line is that it is imperative to be careful whenever sending a digital correspondence.
UPDATE: 4:49pm
Boston.com is reporting that Prof. Edelman has released an apology. Here it is:
"Many people have seen my emails with Ran Duan of Sichuan Garden restaurant in Brookline. Having reflected on my interaction with Ran, including what I said and how I said it, it’s clear that I was very much out of line. I aspire to act with great respect and humility in dealing with others, no matter what the situation. Clearly I failed to do so. I am sorry, and I intend to do better in the future. I have reached out to Ran and will apologize to him personally as well.”
Copyright 2014 by Shear Law, LLC. All rights reserved.
Showing posts with label Social Media. Show all posts
Showing posts with label Social Media. Show all posts
Wednesday, December 10, 2014
Tuesday, January 10, 2012
Disconnecting From Social Media in 2012
Disconnecting from social media may help one realize that there is more to life than Facebook posting, Tweeting, Google plussing, etc... On Wednesday January 4, 2012, I discussed some of these issues with Washington, DC's Fox 5 News morning Co-Anchor Tony Perkins.
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2012 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Disconnecting from Technology in 2012: MyFoxDC.com
Life is more fun in the real world than in the virtual world.To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2012 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Thursday, June 2, 2011
Academic Research Regarding How Social Media May Affect Access To Legal Information
I was recently contacted by Marcela Monroy, a fellow lawyer who is furthering her legal education by studying for a Master in Legal Sociology. As part of her studies, she has a created an "academic survey to explore the impact of social networks (forums, blogs, chats, message boards, etc) and the way people access legal information regarding any issue or injurious experience."
I encourage everyone who reads this blog to take the survey. It takes a few minutes of your time and it will assist a fellow lawyer out with her research. In addition, the survey may help answer some questions about how social media has affected access to legal information.
Here is a link to Ms. Monroy's survey in English, Spanish, and French.
If anyone is interested in assisting Ms. Monroy further with her research please contact me via email and I will forward your information over to Ms. Monroy.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
I encourage everyone who reads this blog to take the survey. It takes a few minutes of your time and it will assist a fellow lawyer out with her research. In addition, the survey may help answer some questions about how social media has affected access to legal information.
Here is a link to Ms. Monroy's survey in English, Spanish, and French.
If anyone is interested in assisting Ms. Monroy further with her research please contact me via email and I will forward your information over to Ms. Monroy.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Monday, May 2, 2011
Osama bin Laden killed by U.S. Special Forces
I have the utmost respect for the United States Intelligence Community, U.S. Special Forces and the brave men and women of the U.S. Military for all of their hard work that led to the killing of Osama bin Laden. bin Laden's ideology and orders led to the death of thousands of innocent lives around the world. Countless resources, whether economic, political, emotional, or human were utilized to respond to the September 11, 2001 attacks on the United States that killed nearly 3000 people.
According to NBC news, the compound where bin Laden was staying had 12-16 foot walls and a tremendous amount of security. Interestingly, the structure did not have Internet access or telephones. bin Laden was found due to good old fashion human intelligence. Therefore, Social Media can't take credit for killing bin Laden.
bin Laden was killed in a firefight with U.S. Special Forces. The death of bin Laden will not end the fight against terrorism. To paraphrase a quote from Winston Churchill when he was referring to the British victory over the German Afrika Corps at the Second Battle of El Alamein, the killing of bin Laden "is not the end. It is not even the beginning of the end. But it is perhaps, the end of the beginning" of the War on Terror.
The U.S. operation that killed bin Laden demonstrates that whenever the United States puts its mind to something it can accomplish it. There is nothing our country can't do. Whether its liberating Europe, putting the first man on the moon, or making the world a safer and better place to live, the United States is a beacon of hope for all around the globe.
One day, the United States may not have the largest economy in the world; however, as long as the United States still has the largest heart and remains a place where the best and the brightest from all over the world come to live, work, and raise their families, we will still be the greatest country in the world.
God Bless America!
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
According to NBC news, the compound where bin Laden was staying had 12-16 foot walls and a tremendous amount of security. Interestingly, the structure did not have Internet access or telephones. bin Laden was found due to good old fashion human intelligence. Therefore, Social Media can't take credit for killing bin Laden.
bin Laden was killed in a firefight with U.S. Special Forces. The death of bin Laden will not end the fight against terrorism. To paraphrase a quote from Winston Churchill when he was referring to the British victory over the German Afrika Corps at the Second Battle of El Alamein, the killing of bin Laden "is not the end. It is not even the beginning of the end. But it is perhaps, the end of the beginning" of the War on Terror.
The U.S. operation that killed bin Laden demonstrates that whenever the United States puts its mind to something it can accomplish it. There is nothing our country can't do. Whether its liberating Europe, putting the first man on the moon, or making the world a safer and better place to live, the United States is a beacon of hope for all around the globe.
One day, the United States may not have the largest economy in the world; however, as long as the United States still has the largest heart and remains a place where the best and the brightest from all over the world come to live, work, and raise their families, we will still be the greatest country in the world.
God Bless America!
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Tuesday, March 1, 2011
Update On Maryland's Division of Corrections Demands Applicants Provide Facebook Usernames and Passwords During Interviews
Maryland's Division of Corrections (DOC) has suspended its policy that requested applicants "voluntarily" provide their Facebook user name and password as part of a background check. According to the Washington Post, the policy was approximately a year old.
For the overwhelming majority of jobs in the public and private sector employers should not request/demand an applicant's and/or employee's social media user names and/or passwords. Therefore, I would generally advise against management and/or a union asking their employees and/or applicants and/or members to provide their personal social media account user names and/or passwords.
To learn more about the legal ramifications of social media policies you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
For the overwhelming majority of jobs in the public and private sector employers should not request/demand an applicant's and/or employee's social media user names and/or passwords. Therefore, I would generally advise against management and/or a union asking their employees and/or applicants and/or members to provide their personal social media account user names and/or passwords.
To learn more about the legal ramifications of social media policies you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Sunday, November 14, 2010
USPTO's Inquiry on Copyright Policy in the Internet Economy Comments Due on 11/19/10
The U.S. Department of Commerce's Internet Policy Task Force is reviewing how copyright law should evolve to balance the needs of content creators and users in the Social Media Age. Since the original Napster came on the scene in 1999, copyright protection has become more difficult for rights holders. Napster's technology created the first widely distributed peer to peer file sharing system that enabled its users to easily share MP3 files. Napster and its progeny such as Limewire (which was shut down a few weeks ago) allowed consumers to download/share music for free. If you were an artist, content creator, or content owner such as a musician, publishing house, record label, movie studio, author, etc... peer to peer file sharing changed your business model almost overnight and made it more difficult to profit from your copyrighted work.
Therefore, those parties that are interested in affecting government policy on copyright protection in the Social Media Age have until November 19, 2010 to file comments about how copyright law should evolve. To file comments electronically you may e-mail them to: copyrightnoi-2010@ntia.doc.gov.
To learn more about copyright protection in the Social Media Age you may contact me at http://www.shearlaw.com/.
Copyright 2010 by the Law Office of Bradley S. Shear, LLC. All rights reserved
Therefore, those parties that are interested in affecting government policy on copyright protection in the Social Media Age have until November 19, 2010 to file comments about how copyright law should evolve. To file comments electronically you may e-mail them to: copyrightnoi-2010@ntia.doc.gov.
To learn more about copyright protection in the Social Media Age you may contact me at http://www.shearlaw.com/.
Copyright 2010 by the Law Office of Bradley S. Shear, LLC. All rights reserved
Saturday, September 11, 2010
9/11/2001, the 1st Amendment, and Social Media
Today marks the 9th anniversary of September 11, 2001. On September 11, 2001, at least 19 terrorists attacked the United States without any provocation. Nine years ago, I was living several blocks away from the World Trade Center and I witnessed first hand the tragedy and aftermath of this cowardly attack against our country. Due to the destruction that was caused, I became displaced from my home.
To my generation, Sept. 11th means what December 7th meant to my grandfather's generation. As President Roosevelt stated during a joint session of Congress on December 8, 1941, December 7, 1941 is a date that will live in infamy. President Bush's first official address post the September 11, 2001 attacks summed up our country's initial reaction to this act of cowardice.
In the United States, the 1st Amendment protects against most free speech. An open forum to discuss ideas is the cornerstone of a democratic society. Voltaire is credited by some with saying, "I do not agree with what you have to say, but I'll defend to the death your right to say it." This mentality was one of the inspirations of our Constitution and Bill of Rights.
In the Social Media Age, people have to be very careful about what they say and do because every action or reaction has the potential to become a news story that may change international perception in a New York minute. For example, the controversy surrounding the proposal to build a mosque in the former Burlington Coat Factory building near the site of the World Trade Center in Lower Manhattan has caused a firestorm not only in New York City but around the globe.
This story appeared to be only a local Lower Manhattan issue until President Obama commented on the subject. The President's comments were quickly carried via social media and traditional media around the globe and all of sudden it became an international issue where world leaders, political pundits, etc... offered their two cents. The on/off again plan to create a bonfire to burn hundreds of copies of Islam's holy book, the Koran by Florida preacher Terry Jones is another example of how the mainstream media and social media may shape international opinion.
The owners of the property in Lower Manhattan that formerly housed a Burlington Coat Factory have a legal right to build a mosque if they abide by all local zoning laws. In addition, Terry Jones has the legal right to burn the Koran assuming he does so in a manner that does not break any local Florida laws against creating bonfires. The First Amendment protects ideas and opinions, regardless of their popularity.
However, just because both of these parties have a legal right to do these things that does not mean they should do it. Legal rights and moral rights are two different things and unfortunately the media generally distorts these issues to create stories that will generate more eyeballs for their coverage and in turn more advertising dollars that strengthen their bottom line.
The media, politicians, military personnel, and businesses need to rethink their public relations strategy in the Social Media Age because in many instances social media fuels media coverage and this enables a story to become a much larger event than it ever should have become. I bet that Andy Warhol would love the Social Media Age because now everyone has the opportunity to get their "15 Minutes" of fame very easily. According to the Washington Post, Terry Jones' publicity plan started with a tweet. Now Terry Jones is a household name. This is another example of the power of social media.
As of this writing, Terry Jones has stated he will not hold a bonfire to burn hundreds of copies of the Koran. In turn, the owners of the building that formerly housed a Burlington Coat Factory in Lower Manhattan should rethink their position and look to build their mosque several blocks further away from the World Trade Center site. Even though both of these parties have a legal right to do what they have publicly stated they want to do, following through with their plans will only increase tensions on each side that may lead to unanticipated consequences that may have a domino affect. It is now time to allow each party to save face so each may proclaim they have made their point.
Copyright 2010 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
To my generation, Sept. 11th means what December 7th meant to my grandfather's generation. As President Roosevelt stated during a joint session of Congress on December 8, 1941, December 7, 1941 is a date that will live in infamy. President Bush's first official address post the September 11, 2001 attacks summed up our country's initial reaction to this act of cowardice.
In the United States, the 1st Amendment protects against most free speech. An open forum to discuss ideas is the cornerstone of a democratic society. Voltaire is credited by some with saying, "I do not agree with what you have to say, but I'll defend to the death your right to say it." This mentality was one of the inspirations of our Constitution and Bill of Rights.
In the Social Media Age, people have to be very careful about what they say and do because every action or reaction has the potential to become a news story that may change international perception in a New York minute. For example, the controversy surrounding the proposal to build a mosque in the former Burlington Coat Factory building near the site of the World Trade Center in Lower Manhattan has caused a firestorm not only in New York City but around the globe.
This story appeared to be only a local Lower Manhattan issue until President Obama commented on the subject. The President's comments were quickly carried via social media and traditional media around the globe and all of sudden it became an international issue where world leaders, political pundits, etc... offered their two cents. The on/off again plan to create a bonfire to burn hundreds of copies of Islam's holy book, the Koran by Florida preacher Terry Jones is another example of how the mainstream media and social media may shape international opinion.
The owners of the property in Lower Manhattan that formerly housed a Burlington Coat Factory have a legal right to build a mosque if they abide by all local zoning laws. In addition, Terry Jones has the legal right to burn the Koran assuming he does so in a manner that does not break any local Florida laws against creating bonfires. The First Amendment protects ideas and opinions, regardless of their popularity.
However, just because both of these parties have a legal right to do these things that does not mean they should do it. Legal rights and moral rights are two different things and unfortunately the media generally distorts these issues to create stories that will generate more eyeballs for their coverage and in turn more advertising dollars that strengthen their bottom line.
The media, politicians, military personnel, and businesses need to rethink their public relations strategy in the Social Media Age because in many instances social media fuels media coverage and this enables a story to become a much larger event than it ever should have become. I bet that Andy Warhol would love the Social Media Age because now everyone has the opportunity to get their "15 Minutes" of fame very easily. According to the Washington Post, Terry Jones' publicity plan started with a tweet. Now Terry Jones is a household name. This is another example of the power of social media.
As of this writing, Terry Jones has stated he will not hold a bonfire to burn hundreds of copies of the Koran. In turn, the owners of the building that formerly housed a Burlington Coat Factory in Lower Manhattan should rethink their position and look to build their mosque several blocks further away from the World Trade Center site. Even though both of these parties have a legal right to do what they have publicly stated they want to do, following through with their plans will only increase tensions on each side that may lead to unanticipated consequences that may have a domino affect. It is now time to allow each party to save face so each may proclaim they have made their point.
Copyright 2010 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Thursday, May 13, 2010
The White House and Social Media Follow Up
On May 4, 2010, I mentioned in my blog post, "Will the White House's Use of Social Media Eventually Diminish Access to the President?" some of the legal, political, and societal ramifications if the White House moves away from fully informing the traditional press and instead utilizes social media to communicate directly to its constituents. The article "White House leaning on its Press Office, Not the Media, to Get Message Out" that was published on Foxnews.com today discusses some of the issues that I blogged about last week.
It appears that traditional media outlets are starting to now agree with my observation that the White House is trying to bypass the traditional media in favor of social media. The White House is changing its social media strategy because this modification enables the administration to bypass the traditional media's filter which may determine how people analyze the President's policies. The President's staff appears to be duplicating its successful campaign strategy. Traditional print media is on the verge of extinction. Traditional radio and television media is in transition. Unless these traditional media outlets adapt to the social media age they will go the way of the dodo bird.
To learn more about about social media you may contact me at www.shearlaw.com.
Copyright 2010 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
It appears that traditional media outlets are starting to now agree with my observation that the White House is trying to bypass the traditional media in favor of social media. The White House is changing its social media strategy because this modification enables the administration to bypass the traditional media's filter which may determine how people analyze the President's policies. The President's staff appears to be duplicating its successful campaign strategy. Traditional print media is on the verge of extinction. Traditional radio and television media is in transition. Unless these traditional media outlets adapt to the social media age they will go the way of the dodo bird.
To learn more about about social media you may contact me at www.shearlaw.com.
Copyright 2010 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Tuesday, May 4, 2010
Will the White House's Use of Social Media Eventually Diminish Access to the President?
Social Media is here to stay. In fact it may become the dominant form of communication in the near future. The legal, political, and societal ramifications are tremendous. President Obama utilized social media to get elected and his administration is using social media to actively engage with the American people and the rest of the world. For example, the White House has an official Twitter account and is currently looking for a Twitterer-In-Chief. White House spokesman Robert Gibbs recently stated that Twitter is an amazing tool.
The White House has about 1.75 million followers and follows just 99 other accounts. However, if you look closely at who the White House follows you will see that it mainly follows other U.S. government entities. It also follows 10 Downing Street, aka the British Prime Minister's office. Why doesn't the White House follow more governments, both friend and alleged foe? Is the White House intentionally keeping the number of accounts it follows in double digits?
The White House also has an official blog. Will the official White House Blog soon replace press releases since a blog is a de facto press release mechanism. I am wondering if the President's weekly radio address and daily press briefings will soon be replaced by the pre-recorded podcast. From the White House's own website you can watch official presidential events via audio or video podcast.
In the future, a majority of the population may rely solely on social media as their news gathering resource. During a major political crisis will the White House turn mainly to social media to get its message out and stop the daily press briefing? Will the current or a future President decide to stop the traditional daily briefings and instruct the White House Press Secretary to utilize daily interactive webinars? Will the White House limit the media's access for political purposes? The First Amendment and freedom of the press issues that are intertwined with social media and politics are mind boggling. To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2010 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
The White House has about 1.75 million followers and follows just 99 other accounts. However, if you look closely at who the White House follows you will see that it mainly follows other U.S. government entities. It also follows 10 Downing Street, aka the British Prime Minister's office. Why doesn't the White House follow more governments, both friend and alleged foe? Is the White House intentionally keeping the number of accounts it follows in double digits?
The White House also has an official blog. Will the official White House Blog soon replace press releases since a blog is a de facto press release mechanism. I am wondering if the President's weekly radio address and daily press briefings will soon be replaced by the pre-recorded podcast. From the White House's own website you can watch official presidential events via audio or video podcast.
In the future, a majority of the population may rely solely on social media as their news gathering resource. During a major political crisis will the White House turn mainly to social media to get its message out and stop the daily press briefing? Will the current or a future President decide to stop the traditional daily briefings and instruct the White House Press Secretary to utilize daily interactive webinars? Will the White House limit the media's access for political purposes? The First Amendment and freedom of the press issues that are intertwined with social media and politics are mind boggling. To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2010 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Saturday, May 1, 2010
Goldman Sachs, the Shitty Deal, and Social Media Public Relations
Goldman Sachs is the most respected name on Wall Street. The firm has no peers. If you ask any college or graduate business school finance major where they want to work a large majority would respond without question, Goldman Sachs.
In an article from the New York Times a couple years ago, the firm was nicknamed "Government Sachs" because so many of its employees end up working for the U.S. government. Some prominent Goldman alumni include: former Treasury Secretaries Henry Fowler, Robert Rubin, Hank Paulson, and current World Bank President Robert Zoellick, and former U.S. Senator Jon Corzine.
In general, Goldman Sachs senior executives shy away from publicity while working for the firm. This strategy has helped create a mystic about the company. Social media has forever changed the public relations game. Goldman Sachs' reputation was tarnished this past week in a manner that would not have been possible before the age of social media.
It is very rare for members of Congress to use foul language in any context during televised proceedings. However, Senator Carl Levin chastised Goldman Sachs because an employee of the firm had stated in an internal email that a collateralized debt obligation called Timberwolf I that Goldman was selling was a "shitty deal." Senator Levin persistently asked about and berated Goldman Sachs about the "shitty deal" numerous times throughout the hearings.
Goldman Sachs EVP and Chief Financial Officer David Vinair's testimony will forever live on in social media due to the interesting exchange that occurred between himself and Senator Levin. When Senator Levin grilled Vinair about the "shitty deal" internal Goldman Sachs email Vinair stated, "I think that is very unfortunate to have [that comment] on email." It sounded as though the entire audience was stunned by that statement and then a delayed laughter was heard in the background. Vinair later corrected himself but the damage had already been done.
As Gretchen Morgenson of the New York Times has pointed out and last week's hearings clearly demonstrated there are so many conflicts of interest on Wall Street. These conflicts have been around for years. Lawyers are not allowed to have these types of conflicts so why are the "Masters of the Universe" allowed to have these types of conflicts?
These hearings come on the heels of last week's SEC fraud complaint against Goldman Sachs and one of its employees. In addition, President Obama and Congress are also currently battling over a financial regulatory overhaul. The Goldman Sachs testimony that I watched reminded me of the movie Wall Street and Gordon Gekko's "Greed is Good" speech because some of the Goldman Sachs employees who testified sounded as though they were about to utter Gekko's line that "greed for a lack of a better word is good. Greed is right. Greed works."
Goldman Sachs has weathered numerous scandals and controversies during its 140+ years in existence. Each time the firm has rebounded and come back stronger than ever. The company may be one of only a few brands that may be immune to the social media age. Even though the brand may not suffer in the long run, there will be employees who are scapegoated to protect the firm's image. Therefore, in the social media age, lawyers need to be well versed in not only the legal matters before them but how their clients may be perceived on social media. To learn more about this issues you may contact me at www.shearlaw.com.
Copyright 2010 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
In an article from the New York Times a couple years ago, the firm was nicknamed "Government Sachs" because so many of its employees end up working for the U.S. government. Some prominent Goldman alumni include: former Treasury Secretaries Henry Fowler, Robert Rubin, Hank Paulson, and current World Bank President Robert Zoellick, and former U.S. Senator Jon Corzine.
In general, Goldman Sachs senior executives shy away from publicity while working for the firm. This strategy has helped create a mystic about the company. Social media has forever changed the public relations game. Goldman Sachs' reputation was tarnished this past week in a manner that would not have been possible before the age of social media.
It is very rare for members of Congress to use foul language in any context during televised proceedings. However, Senator Carl Levin chastised Goldman Sachs because an employee of the firm had stated in an internal email that a collateralized debt obligation called Timberwolf I that Goldman was selling was a "shitty deal." Senator Levin persistently asked about and berated Goldman Sachs about the "shitty deal" numerous times throughout the hearings.
Goldman Sachs EVP and Chief Financial Officer David Vinair's testimony will forever live on in social media due to the interesting exchange that occurred between himself and Senator Levin. When Senator Levin grilled Vinair about the "shitty deal" internal Goldman Sachs email Vinair stated, "I think that is very unfortunate to have [that comment] on email." It sounded as though the entire audience was stunned by that statement and then a delayed laughter was heard in the background. Vinair later corrected himself but the damage had already been done.
As Gretchen Morgenson of the New York Times has pointed out and last week's hearings clearly demonstrated there are so many conflicts of interest on Wall Street. These conflicts have been around for years. Lawyers are not allowed to have these types of conflicts so why are the "Masters of the Universe" allowed to have these types of conflicts?
These hearings come on the heels of last week's SEC fraud complaint against Goldman Sachs and one of its employees. In addition, President Obama and Congress are also currently battling over a financial regulatory overhaul. The Goldman Sachs testimony that I watched reminded me of the movie Wall Street and Gordon Gekko's "Greed is Good" speech because some of the Goldman Sachs employees who testified sounded as though they were about to utter Gekko's line that "greed for a lack of a better word is good. Greed is right. Greed works."
Goldman Sachs has weathered numerous scandals and controversies during its 140+ years in existence. Each time the firm has rebounded and come back stronger than ever. The company may be one of only a few brands that may be immune to the social media age. Even though the brand may not suffer in the long run, there will be employees who are scapegoated to protect the firm's image. Therefore, in the social media age, lawyers need to be well versed in not only the legal matters before them but how their clients may be perceived on social media. To learn more about this issues you may contact me at www.shearlaw.com.
Copyright 2010 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Thursday, April 22, 2010
Oprah's and Dove Soap's Internet Monetization and Branding Strategy
Oprah is one of the smartest entrepreneurs in the world and has one of the most recognizable brands and her team works hard to protect and grow her brand. As a Baltimore native, I would like to think that it was the water that Oprah imbibed during her long stint working in Baltimore Baltimore for Chicago Baltimore Babe Ruth , Barry Levinson, John Waters, and Nancy Pelosi so I hope my water theory is true because it gives hope to all former Baltimoreans (myself included).
My two year old son is very musically inclined and enjoys watching and singing and dancing to various music videos that we watch together on Youtube. A couple of weeks ago, my wife started watching with our son a clip from a recent Oprah show that included the cast from Glee singing Journey's "Don't Stop Believin". For about a week they went to Youtube to watch the clip.
All of sudden the clip they were watching disappeared and a message appeared stating that the clip was removed due to copyright infringement. My wife then went to Oprah.com and found the clip. However, on Oprah.com, there was a 30 second Dove commercial that had to be watched before the cast of Glee's rendition of Don't Stop Believin was played. The web page that contained the Glee clip was fully branded by Dove. In addition, Dove was a sponsor of the actual episode that aired the performance on The Oprah Winfrey Show and is a sponsor on Fox.com's Glee home page.
Even though it appears that Oprah and Dove fully branded the entire user experience they both missed out on creating a Social Media 360 Deal. This was an internet brand campaign and not a social media brand campaign. To learn how to fully monetize your social media assets you may contact me at www.shearlaw.com
Copyright 2010 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
My two year old son is very musically inclined and enjoys watching and singing and dancing to various music videos that we watch together on Youtube. A couple of weeks ago, my wife started watching with our son a clip from a recent Oprah show that included the cast from Glee singing Journey's "Don't Stop Believin". For about a week they went to Youtube to watch the clip.
All of sudden the clip they were watching disappeared and a message appeared stating that the clip was removed due to copyright infringement. My wife then went to Oprah.com and found the clip. However, on Oprah.com, there was a 30 second Dove commercial that had to be watched before the cast of Glee's rendition of Don't Stop Believin was played. The web page that contained the Glee clip was fully branded by Dove. In addition, Dove was a sponsor of the actual episode that aired the performance on The Oprah Winfrey Show and is a sponsor on Fox.com's Glee home page.
Even though it appears that Oprah and Dove fully branded the entire user experience they both missed out on creating a Social Media 360 Deal. This was an internet brand campaign and not a social media brand campaign. To learn how to fully monetize your social media assets you may contact me at www.shearlaw.com
Copyright 2010 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Friday, April 16, 2010
Protecting Your Social Media Profile
The 2008 election cycle was the first social media election. President Obama is the first U.S. President to successfully harness the power of social media to get elected. According to a post on Read Write Web from November 2008, President Obama had a major social media advantage over Senator McCain. For example, a few days before the November 2008 election Obama had 844,927 MySpace friends while Mcain had only 219,404. This major disparity was a harbinger of the future.
Even though President Obama successfully utilized social media to become President of the United States, he is not the first social media President. The first social media President will be the first elected President who has years of tweets, Facebook posts, blog entries, podcasts, etc... that will need to be reviewed by campaign managers, public relation firms, lawyers, political strategists, etc...The legal and political ramifications are mind boggling.
As of this writing, the confirmation process of Professor Goodwin Liu, a nominee to the U.S. Court of Appeals for the Ninth Circuit is in motion and questions have been raised as to why Prof. Liu did not turn over all of the documents that the Senate Judiciary Committee initially requested. As far as I know, Professor Liu does not have years of tweets, Facebook posts, blog entries, podcasts, etc...to review. However, what if he does? How would this affect his nomination?
Earlier this week, the Library of Congress announced that all public tweets will be saved for posterity. First, Google decided to archive all tweets. Now the Library of Congress will be saving all your tweets for posterity. Therefore, it is more important than ever to protect your social media profile. To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2010 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Even though President Obama successfully utilized social media to become President of the United States, he is not the first social media President. The first social media President will be the first elected President who has years of tweets, Facebook posts, blog entries, podcasts, etc... that will need to be reviewed by campaign managers, public relation firms, lawyers, political strategists, etc...The legal and political ramifications are mind boggling.
As of this writing, the confirmation process of Professor Goodwin Liu, a nominee to the U.S. Court of Appeals for the Ninth Circuit is in motion and questions have been raised as to why Prof. Liu did not turn over all of the documents that the Senate Judiciary Committee initially requested. As far as I know, Professor Liu does not have years of tweets, Facebook posts, blog entries, podcasts, etc...to review. However, what if he does? How would this affect his nomination?
Earlier this week, the Library of Congress announced that all public tweets will be saved for posterity. First, Google decided to archive all tweets. Now the Library of Congress will be saving all your tweets for posterity. Therefore, it is more important than ever to protect your social media profile. To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2010 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Thursday, December 10, 2009
Social Media, Poor Choices, and Bad Advice Is Destroying Tiger's Ability to Recover From TigerSexgate
What is Tiger's legal, social media, and public relations team doing to stop the bleeding? So far, Team Tiger's strategy has been to duck and cover, and hope for the cavalry to arrive sooner rather than later. As General Custer found out, the cavalry doesn't always come in time to save you. The entire media and social media world, including the New York Post, US Magazine, and The Today Show, are circling and Tiger's response has been to go into seclusion and avoid everyone and everything in the hopes that TigerSexgate will somehow go away.
As I stated in a previous post, Tiger must be proactive during this time of crisis. Unfortunately, Team Tiger is in paralysis and unable to create an effective crisis response. On the home page of http://www.tigerwoods.com/ it should state in big bold letters "I am Sorry" and Tiger should personally state in a video posted on his website that he is sorry for the all of the pain he has caused his wife and family, he is sorry to his fans, the public, and to his sponsors and that he will work to regain their trust. The video should be released to every social media website to get his message across. As of this writing, Tiger and his website are trying to ignore TigerSexgate and this strategy is failing.
Is Team Tiger taking direction from Tiger, his personal attorney(s), his agent(s), or his publicist(s)? Whomever is the general in this fiasco must be replaced immediately. If Tiger is making the decision to stay out of the spotlight he needs to summon the courage to face the public and come clean. Leaders and role models address criticism head on and personally take full responsibility for their actions. So far, Tiger has failed to live up to the image that Team Tiger has created. This situation reminds me of the scene in The Wizard of Oz when the curtain on the Wizard is pulled back and there is nothing there but a man, not a "Wizard."
It has been approximately two weeks, and I am very surprised that his sponsors that include: Accenture, Electronic Arts, General Motors, Gillette, Pepsi, Proctor and Gamble, and Tag Heuer have been generally quiet since the story broke. If I was the legal counsel for any of Tiger's sponsors I would be reviewing the endorsement contract that my company has with Tiger and analyzing the "morals clause" that I assume was inserted in each 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.
If the morals clause is properly drafted, I would advise my client to drastically redraft the endorsement contract or sever all ties with Tiger since my client is paying for an image that no longer exists. Companies want to be associated with people who are at the top of their profession, have the right personal image, and who know how to react when either their professional or personal image is under attack since an attack on the endorser is also an attack on the company's brand. Tiger no longer has the image companies desire and his ostrich like "head in the sand" reaction to this crisis demonstrates he is out of touch with the customers whom he is paid to attract.
When dealing with high profile clients, an attorney should ask his client(s) about any "possible future challenges" that may be on the client's radar. Sometimes the client will not be forthcoming, other times the client may provide this information. Due to the nature of the attorney-client relationship an attorney should make the client feel comfortable enough to provide this type of information so an attorney may be proactive in preventing a public relations nightmare that may have corporate and legal consequences.
Immediately after reports of Tiger's multiple infidelities become public, Tiger's legal team should have sprung into action. Tiger's legal team should have had the contact information for each woman with whom he had an inappropriate relationship with so they could negotiate a settlement to keep the relationship a private matter. In particular, Tiger should have worked with his legal team to list in order the women who have the most "evidence" of a relationship to the least amount of evidence. The women with whom he "sexted" with, left voice mails with, emailed with, or left any other possible evidence (Think Monica Lewinsky's Blue Dress), should have been targeted first. These women should have been offered appropriate settlements with iron clad confidentiality agreements.
Tiger should have followed Michael Jackson's lead and spent the money necessary to keep his image intact. Michael Jackson's image took a hit but he was never convicted of child molestation. Michael Jackson's settlement with his accuser(s) allowed him to keep his freedom and to go back to making music. Unfortunately, he tragically passed away earlier this past year before he was able to make another comeback.
Tiger's "transgressions" will not put him jail. However, it may forever change his relationship with his wife and family, eliminate hundreds of millions of dollars in marketing opportunities, destroy his public persona forever, and may affect his ability to focus on playing golf. I thought Tiger was a lock to easily surpass Jack Nicklaus on the all-time major wins list. After watching his response to TigerSexgate, I believe that Tiger will be lucky to win one more major. I hope he proves me wrong, but at this point in time I doubt it.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
As I stated in a previous post, Tiger must be proactive during this time of crisis. Unfortunately, Team Tiger is in paralysis and unable to create an effective crisis response. On the home page of http://www.tigerwoods.com/ it should state in big bold letters "I am Sorry" and Tiger should personally state in a video posted on his website that he is sorry for the all of the pain he has caused his wife and family, he is sorry to his fans, the public, and to his sponsors and that he will work to regain their trust. The video should be released to every social media website to get his message across. As of this writing, Tiger and his website are trying to ignore TigerSexgate and this strategy is failing.
Is Team Tiger taking direction from Tiger, his personal attorney(s), his agent(s), or his publicist(s)? Whomever is the general in this fiasco must be replaced immediately. If Tiger is making the decision to stay out of the spotlight he needs to summon the courage to face the public and come clean. Leaders and role models address criticism head on and personally take full responsibility for their actions. So far, Tiger has failed to live up to the image that Team Tiger has created. This situation reminds me of the scene in The Wizard of Oz when the curtain on the Wizard is pulled back and there is nothing there but a man, not a "Wizard."
It has been approximately two weeks, and I am very surprised that his sponsors that include: Accenture, Electronic Arts, General Motors, Gillette, Pepsi, Proctor and Gamble, and Tag Heuer have been generally quiet since the story broke. If I was the legal counsel for any of Tiger's sponsors I would be reviewing the endorsement contract that my company has with Tiger and analyzing the "morals clause" that I assume was inserted in each 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.
If the morals clause is properly drafted, I would advise my client to drastically redraft the endorsement contract or sever all ties with Tiger since my client is paying for an image that no longer exists. Companies want to be associated with people who are at the top of their profession, have the right personal image, and who know how to react when either their professional or personal image is under attack since an attack on the endorser is also an attack on the company's brand. Tiger no longer has the image companies desire and his ostrich like "head in the sand" reaction to this crisis demonstrates he is out of touch with the customers whom he is paid to attract.
When dealing with high profile clients, an attorney should ask his client(s) about any "possible future challenges" that may be on the client's radar. Sometimes the client will not be forthcoming, other times the client may provide this information. Due to the nature of the attorney-client relationship an attorney should make the client feel comfortable enough to provide this type of information so an attorney may be proactive in preventing a public relations nightmare that may have corporate and legal consequences.
Immediately after reports of Tiger's multiple infidelities become public, Tiger's legal team should have sprung into action. Tiger's legal team should have had the contact information for each woman with whom he had an inappropriate relationship with so they could negotiate a settlement to keep the relationship a private matter. In particular, Tiger should have worked with his legal team to list in order the women who have the most "evidence" of a relationship to the least amount of evidence. The women with whom he "sexted" with, left voice mails with, emailed with, or left any other possible evidence (Think Monica Lewinsky's Blue Dress), should have been targeted first. These women should have been offered appropriate settlements with iron clad confidentiality agreements.
Tiger should have followed Michael Jackson's lead and spent the money necessary to keep his image intact. Michael Jackson's image took a hit but he was never convicted of child molestation. Michael Jackson's settlement with his accuser(s) allowed him to keep his freedom and to go back to making music. Unfortunately, he tragically passed away earlier this past year before he was able to make another comeback.
Tiger's "transgressions" will not put him jail. However, it may forever change his relationship with his wife and family, eliminate hundreds of millions of dollars in marketing opportunities, destroy his public persona forever, and may affect his ability to focus on playing golf. I thought Tiger was a lock to easily surpass Jack Nicklaus on the all-time major wins list. After watching his response to TigerSexgate, I believe that Tiger will be lucky to win one more major. I hope he proves me wrong, but at this point in time I doubt it.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Wednesday, December 2, 2009
Social Media Has Forever Tarnished Tiger Woods' Image
Tiger Woods is the most popular and recognizable professional athlete on the planet and the highest paid athlete and pitchman. However, his purported "transgressions" during the past several years that have recently come to light and his response or initial lack thereof to the rumors concerning his extracurricular activities may have permanently tarnished his marketability.
Tiger's image has been very tightly controlled for many years and he has allowed his great skills on the golf greens to do most of his talking. Tiger's car accident over the Thanksgiving holiday weekend combined with published reports that he has been unfaithful to his wife have forever changed his image. From a legal perspective, Tiger's refusal to speak with police or provide a statement regarding the accident was his best move. However, from a public relations perspective Tiger's initial silence concerning the car accident and his alleged "transgressions" have created a feeding frenzy throughout the social media world.
Everybody makes mistakes. Our country is very forgiving and in the past when our heroes have fallen down and they have worked to repair the damage, the public has accepted them with open arms. A prime example of this is how former President Bill Clinton has bounced back since the Monica Lewinsky scandal. Even though President Clinton had to deal with the 24 hour news cycle, cable news, and the Internet (albeit a much less robust one than we have today), he did not have to deal with the power of social media.
Social media has changed the game. Due to a multitude of news websites, blogs, podcasts, etc... there is no escaping a story. Unfortunately, Tiger's handlers still do not understand the power of social media and how to respond to legal issues that they encounter in the Social Media Age. This is evidenced by Tiger's 11/29/2009 statement concerning his car accident and his 12/02/2009 comments regarding his personal indiscretions. Neither statement provides a clear explanation of what has truly happened, which the public and many of Tiger's fans and supporters want.
From a legal perspective, the less said about a legal matter the better. However, from a public relations standpoint, it is usually advisable to defuse a story by getting out in front of it by either acknowledging it or providing evidence to debunk it. An excellent example of successful public relations is how Meredith Baxter, aka Elyse Keaton of Family Ties fame handled the story concerning her sexuality. Ms. Baxter had been seen on a lesbian cruise and immediate questions concerning her sexuality were raised. Ms. Baxter got wind that a tabloid was going to "out" her so she went on The Today Show to out herself and take control of her story. Ms. Baxter's proactiveness destroyed the sensationalism of the story.
A second example of how to successfully handle a sex scandal is the way late night talk show host David Letterman reacted during his recent sex scandal. Mr. Letterman admitted the sexual affairs on his show. In general, Mr. Letterman has so far come out relatively unscathed. The only criticism of the manner in which this scandal has been handled is that CBS has refused to post Mr. Letterman's admission on CBS.com and it has used its legal muscle to force Youtube.com to remove it on the basis of copyright infringement. Despite these actions, unauthorized copies of Mr. Letterman's public apology are easy to find on the Internet.
In contrast, Tiger has tried to ignore his current situation and it appeared that he hoped it would all blow over. There is a good possibility that it will no longer be in the news cycle in a couple of weeks. However, social media will keep it alive on the Internet. If Tiger would have come clean a few days ago and went on camera and stated something along the lines that he was upset when he left his house and this caused his car accident and that he has been unfaithful to his wife and he is sorry for the pain he caused the story would be over. However, refusing to come clean early in the news cycle of the story has only fueled the fire and allowed for tabloid fodder. The longer Tiger waits to come clean, the more he tarnishes his well-crafted image.
Therefore, due to the power of social media it is important to hire a legal and public relations team that understands the legal, business, and public relations consequences of each possible course of action. In my opinion, Tiger needs to reevaluate his legal and public relations strategy to incorporate the new reality of the Social Media Age.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Tiger's image has been very tightly controlled for many years and he has allowed his great skills on the golf greens to do most of his talking. Tiger's car accident over the Thanksgiving holiday weekend combined with published reports that he has been unfaithful to his wife have forever changed his image. From a legal perspective, Tiger's refusal to speak with police or provide a statement regarding the accident was his best move. However, from a public relations perspective Tiger's initial silence concerning the car accident and his alleged "transgressions" have created a feeding frenzy throughout the social media world.
Everybody makes mistakes. Our country is very forgiving and in the past when our heroes have fallen down and they have worked to repair the damage, the public has accepted them with open arms. A prime example of this is how former President Bill Clinton has bounced back since the Monica Lewinsky scandal. Even though President Clinton had to deal with the 24 hour news cycle, cable news, and the Internet (albeit a much less robust one than we have today), he did not have to deal with the power of social media.
Social media has changed the game. Due to a multitude of news websites, blogs, podcasts, etc... there is no escaping a story. Unfortunately, Tiger's handlers still do not understand the power of social media and how to respond to legal issues that they encounter in the Social Media Age. This is evidenced by Tiger's 11/29/2009 statement concerning his car accident and his 12/02/2009 comments regarding his personal indiscretions. Neither statement provides a clear explanation of what has truly happened, which the public and many of Tiger's fans and supporters want.
From a legal perspective, the less said about a legal matter the better. However, from a public relations standpoint, it is usually advisable to defuse a story by getting out in front of it by either acknowledging it or providing evidence to debunk it. An excellent example of successful public relations is how Meredith Baxter, aka Elyse Keaton of Family Ties fame handled the story concerning her sexuality. Ms. Baxter had been seen on a lesbian cruise and immediate questions concerning her sexuality were raised. Ms. Baxter got wind that a tabloid was going to "out" her so she went on The Today Show to out herself and take control of her story. Ms. Baxter's proactiveness destroyed the sensationalism of the story.
A second example of how to successfully handle a sex scandal is the way late night talk show host David Letterman reacted during his recent sex scandal. Mr. Letterman admitted the sexual affairs on his show. In general, Mr. Letterman has so far come out relatively unscathed. The only criticism of the manner in which this scandal has been handled is that CBS has refused to post Mr. Letterman's admission on CBS.com and it has used its legal muscle to force Youtube.com to remove it on the basis of copyright infringement. Despite these actions, unauthorized copies of Mr. Letterman's public apology are easy to find on the Internet.
In contrast, Tiger has tried to ignore his current situation and it appeared that he hoped it would all blow over. There is a good possibility that it will no longer be in the news cycle in a couple of weeks. However, social media will keep it alive on the Internet. If Tiger would have come clean a few days ago and went on camera and stated something along the lines that he was upset when he left his house and this caused his car accident and that he has been unfaithful to his wife and he is sorry for the pain he caused the story would be over. However, refusing to come clean early in the news cycle of the story has only fueled the fire and allowed for tabloid fodder. The longer Tiger waits to come clean, the more he tarnishes his well-crafted image.
Therefore, due to the power of social media it is important to hire a legal and public relations team that understands the legal, business, and public relations consequences of each possible course of action. In my opinion, Tiger needs to reevaluate his legal and public relations strategy to incorporate the new reality of the Social Media Age.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Monday, November 30, 2009
Tweeting May Land You In Prison
The World War II adage, "Loose Lips Sink Ships" applies to Social Media in the 21st century. It appears that Roger Avary, Co-Screenwriter of Pulp Fiction, either never heard of this slogan or never thought his tweets would lead to his incarceration.
Mr. Avary pleaded guilty earlier this year to vehicular manslaughter while intoxicated. Mr. Avary was purportedly driving more than 100 mph when he crashed his car last year. A passenger in his car was killed and his wife was injured in the crash. Even though he was sentenced to prison for his actions, it appears he was instead assigned to a work furlough program. L.A. Times Technology blogger, Mark Milian discovered Mr. Avary's Twitter account and his tweets so he investigated why Mr. Avary was able to tweet when he was scheduled to be in prison without cell phone access. It turned out that Mr. Avary was assigned to a work furlough program instead of prison. Mr. Milian blogged about Mr. Avary's tweets and within several days it appears that Mr. Avary was reassigned to jail.
The old adage "silence is golden" still applies in the age of social media. It appears that Mr. Avary would have been better off if he had kept his mistaken gift of freedom to himself.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Mr. Avary pleaded guilty earlier this year to vehicular manslaughter while intoxicated. Mr. Avary was purportedly driving more than 100 mph when he crashed his car last year. A passenger in his car was killed and his wife was injured in the crash. Even though he was sentenced to prison for his actions, it appears he was instead assigned to a work furlough program. L.A. Times Technology blogger, Mark Milian discovered Mr. Avary's Twitter account and his tweets so he investigated why Mr. Avary was able to tweet when he was scheduled to be in prison without cell phone access. It turned out that Mr. Avary was assigned to a work furlough program instead of prison. Mr. Milian blogged about Mr. Avary's tweets and within several days it appears that Mr. Avary was reassigned to jail.
The old adage "silence is golden" still applies in the age of social media. It appears that Mr. Avary would have been better off if he had kept his mistaken gift of freedom to himself.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Sunday, November 22, 2009
Medical Insurance Policy Holder Claims Benefits Terminated After Facebook Posting
Social Media has become a double edged sword for the 21st century. Facebook, Twitter, Myspace, LinkedIn, etc... has made it so much easier for old friends to reconnect and professionals to network. However, let me emphasize again, beware of what you post on these websites, it might come back to haunt you. Take for example, the latest from our Northern American neighbor.
In Canada, a Manulife Insurance policy holder claims that her sick-leave benefits were terminated after several photos of herself appeared on Facebook. The policy holder was out on sick-leave due to depression and the photos that were posted on Facebook appear to show the policy holder having a good time at a Chippendales bar show. Whether or not that was a reason, or the only reason that Manulife terminated the policy holder's sick leave, the moral of the story is do not make any Social Media posts or link to any posts or photos that can ever be utilized against you.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
In Canada, a Manulife Insurance policy holder claims that her sick-leave benefits were terminated after several photos of herself appeared on Facebook. The policy holder was out on sick-leave due to depression and the photos that were posted on Facebook appear to show the policy holder having a good time at a Chippendales bar show. Whether or not that was a reason, or the only reason that Manulife terminated the policy holder's sick leave, the moral of the story is do not make any Social Media posts or link to any posts or photos that can ever be utilized against you.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Wednesday, November 18, 2009
Courtney Love Is Being Sued For Her Tweets
Courtney Love is being sued by fashion designed Dawn Simorangkir after Ms.Love allegedly posted false and derogatory statements about Ms. Simorangkir on Twitter. According to CNN, Ms. Love made the alleged libelous statements after she had a disagreement with Ms. Simorangkir regarding the cost of Ms. Simorangkir's services.
The bottom line is that social media users should avoid posting content that may be considered libel. Insurance companies who provide Social Media Insurance or Social Networking Insurance for active Tweeters, Bloggers, and Facebookers would be wise to capitalize on the market's need for this type of insurance sooner rather than later. Social Media Insurance will one day be as common as an insurance rider for personal articles.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
The bottom line is that social media users should avoid posting content that may be considered libel. Insurance companies who provide Social Media Insurance or Social Networking Insurance for active Tweeters, Bloggers, and Facebookers would be wise to capitalize on the market's need for this type of insurance sooner rather than later. Social Media Insurance will one day be as common as an insurance rider for personal articles.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Thursday, November 12, 2009
Facebook Acts As An Alibi For A Brooklyn, New York Teenager
Social Media is being used everyday by the police and prosecutors as evidence in court. Up until now, Social Media and Social Networking usage has been primarily used as evidence against defendants. However, in what may be the first highly publicized defense usuage, a Brooklyn, New York teenager was able to utilize Facebook as an alibi when he was accused of a crime.
According to the The New York Times, the teenager was incorrectly identified by a victim as a robbery suspect. Fortunately, the teenager was an active Facebook user and was on Facebook at his family's home computer at the same time that the alleged crime occurred. Due to the electronic evidence from the Facebook post, prosecutors dropped the charges and the teenager was freed from Riker's Island, one of the most dangerous prisons in the country.
Some skeptics may point out that someone else may have used the teenager's account to make the post to create an alibi. And others may state that a savvy techie can figure out a way to be in two places at once. That is always the possibility in any case. However, the bottom line is that Social Media is here to stay and police, prosecutors, judges, juries, and defense attorneys need to learn how to incorporate it into the U.S. Justice System.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
According to the The New York Times, the teenager was incorrectly identified by a victim as a robbery suspect. Fortunately, the teenager was an active Facebook user and was on Facebook at his family's home computer at the same time that the alleged crime occurred. Due to the electronic evidence from the Facebook post, prosecutors dropped the charges and the teenager was freed from Riker's Island, one of the most dangerous prisons in the country.
Some skeptics may point out that someone else may have used the teenager's account to make the post to create an alibi. And others may state that a savvy techie can figure out a way to be in two places at once. That is always the possibility in any case. However, the bottom line is that Social Media is here to stay and police, prosecutors, judges, juries, and defense attorneys need to learn how to incorporate it into the U.S. Justice System.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Tuesday, November 10, 2009
Sex, Sexting, Lies, Videotape, and Carrie Prejean
Carrie Prejean, the former Miss California who has been ostracized by many in the media since celebrity blogger Perez Hilton "outed" her as a woman whom many would consider does not have liberal opinions, has recently ended her legal fight with the Miss California Pageant. In many articles, it has been reported that Ms. Prejean ended the legal wrangling after the pageant obtained a purported sex tape that included Ms. Prejean.
According to Ms. Prejean's interview on The Today Show, the sex tape that has been in the media the past week is what would now be called a "sexting" tape. In The Today Show interview, Ms. Prejean stated that she was 17 years old when the tape was made, she is the only person in the tape, and she made the tape to send only to her boyfriend. In other words, not nearly as salacious as the press has hyped it to be.
This situation highlights that nobody can hide from their past. In general, I believe that almost everyone deserves a second chance because everyone makes mistakes. Unfortunately, Social Media and the Internet can destroy one's reputation almost instantly. It is important to understand your rights when you are being filmed and photographed, and when you are posting to the Internet. Even if you understand your rights, you must realize that once something is released onto the Internet, even if it is an unauthorized release, it can never be fully retrieved.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
According to Ms. Prejean's interview on The Today Show, the sex tape that has been in the media the past week is what would now be called a "sexting" tape. In The Today Show interview, Ms. Prejean stated that she was 17 years old when the tape was made, she is the only person in the tape, and she made the tape to send only to her boyfriend. In other words, not nearly as salacious as the press has hyped it to be.
This situation highlights that nobody can hide from their past. In general, I believe that almost everyone deserves a second chance because everyone makes mistakes. Unfortunately, Social Media and the Internet can destroy one's reputation almost instantly. It is important to understand your rights when you are being filmed and photographed, and when you are posting to the Internet. Even if you understand your rights, you must realize that once something is released onto the Internet, even if it is an unauthorized release, it can never be fully retrieved.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Wednesday, November 4, 2009
Facebook Sued For Allegedly Violating the Video Privacy Protection Act
Social Media website Facebook was recently sued along with Blockbuster for breaking the Video Privacy Protection Act (USC Title 18 Section 2710) because Facebook was making some type of public notation every time a Texas woman was renting a video from Blockbuster. Apparently, Facebook and Blockbuster had or have some type of partnership that involves an information sharing agreement that allowed video rental information to be shared without the Facebook user's authorization or ability to opt out.
Facebook's information sharing problem was partly due to its Beacon Advertising System that is supposedly being discontinued. Beacon was initially designed as an opt out instead of an opt in system. Therefore, Facebook users needed to be extremely vigilant to keep their personal information private.
The proliferation of social media and social networking sites has made it difficult to keep one's personal details private. Unfortunately, unless there is some type of consumer backlash that forces Congress to pass strong legislation that sets an enforcement mechanism that includes stiff penalties, this type of information sharing will dramatically increase in the near future.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Facebook's information sharing problem was partly due to its Beacon Advertising System that is supposedly being discontinued. Beacon was initially designed as an opt out instead of an opt in system. Therefore, Facebook users needed to be extremely vigilant to keep their personal information private.
The proliferation of social media and social networking sites has made it difficult to keep one's personal details private. Unfortunately, unless there is some type of consumer backlash that forces Congress to pass strong legislation that sets an enforcement mechanism that includes stiff penalties, this type of information sharing will dramatically increase in the near future.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
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