Does your company employ a Charlie Sheen? A Charlie Sheen employee is one of your company's best rainmakers who generates huge profits along with huge amounts of publicity for your company via traditional means or social media. Some of the media may be positive but other press may be negative.
A Charlie Sheen may be considered a wild card (#winning, #Tigerblood) in that he may act in a manner that nobody may envision. Some of his actions may be self-destructive while others may be just bizarre. However much trouble a Charlie Sheen may cause, he adds huge revenues to your bottom line and creates much needed buzz for your company. Therefore, finding a way to get along with your company's Charlie Sheen to continue the win-win economic relationship may be in the best interests of all parties involved.
The real Charlie Sheen is an American Actor who has been in the public eye for more than 30 years. He is the son of famed actor Martin Sheen and his brother is Emilo Estevez. Some of Charlie Sheen's work includes major roles in the movies Platoon and Wall Street, and in the television sitcom Spin City. However, during his life, Charlie Sheen has had many ups and downs reportedly due to substance abuse. Since 2003, Charlie Sheen has been the main star of CBS' highly rated situation comedy Two and A Half Men. The sitcom has been ranked in the top 20 for each of its 7 seasons and it has been in syndication since 2007. The producer of Two and a Half Men is Chuck Lorre.
In the Social Media Age, differences between employees and their employers can easily go viral. In the Charlie Sheen vs. Chuck Lorre heavyweight fight some Hollywood insiders believe that Lorre exacerbated the situation by stating negative personal opinions about Sheen on vanity cards that are placed at the end of a television episode. In addition to putting his personal opinions on the vanity cards, Lorre also created a website: www.chucklorre.com that contains all of his vanity cards.
Last week, Two and a Half Men was canceled for the rest of this television season allegedly because of Sheen's rants against Lorre and CBS/Warner Bros. Over the past few days, Sheen has stated he may sue CBS/Warner Bros. for hundreds of millions of dollars. Sheen has hired one of Hollywood's top lawyers and appears willing to move forward with legal action. A letter on Radaronline.com may even be the actual correspondence that Sheen's lawyer sent to CBS/Warner Bros.
The bottom line is that employers should not create a hostile work environment for their employees. The generally accepted definition of a hostile work environment may soon include the creation of social media posts that denigrate employees. On March 1, 2011, Sheen created a Twitter account www.twitter.com/charliesheen and within 24 hours attracted more than a million followers. Therefore, regardless of whether you agree with Sheen's behavior, he still commands a huge audience and has great entertainment appeal. In addition, Sheen appears ready, willing, and able to return to work. Unless Sheen's employment contract contains a well-defined morals clause and Sheen has breached it or another contract clause, Sheen may be entitled to the rest of the money owed to him under his contract.
Social Media has changed conventional wisdom in business and law and every company must be aware of the legal issues inherent with social media usage. It is too early to tell if CBS/Warner Bros./Lorre will apologize to Sheen while licking his feet but it would not surprise me if we get at least one more season of Two and A Half Men with Charlie Sheen. As they say, "there's no business like show business."
To learn more about the legal, business, and entertainment ramifications of social media usage you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Wednesday, March 2, 2011
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, February 20, 2011
Maryland's Division of Corrections Demands Applicants Provide Facebook Usernames and Passwords During Interviews
Some employers and other institutions are quietly demanding that employees and applicants turn over their social media user names and passwords as part of the background check process. According to a story in The Atlantic, Maryland Division of Corrections (DOC) Officer Robert Collins alleged that the State of Maryland recently demanded that during a re-certification interview he was required to provide his employer his personal Facebook user name and password.
Mr. Collins turned over the requested information because he wanted to keep his job but then contacted the ACLU about his experience. According to the ACLU, there may be some issues under the Federal Stored Communications Act and Maryland state law that may have been violated with this demand. Whether demanding an employee or applicant to turn over his Facebook login information is legal is a question that may one day be decided by the courts and/or state legislatures and/or Congress.
Under Section 4.8 of Facebook's Statement of Rights and Responsibilities (Revision Date: October 4, 2010) it states, "You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account." Turning over one's Facebook login information to an employer or any other third party may violate Facebook's Terms of Use. An employee and/or job applicant may be put in a Catch-22: turn over your Facebook access information or lose your job and/or you won't be offered a job. However, if you turn over your Facebook access information to a third party, Facebook may terminate your Facebook account. Interesting dilemma.
This is not the first time I have heard about this type of situation and I predict there will be a tremendous amount of litigation on this point in the future. In 2009, the City of Bozeman, Montana tried to force its job applicants to turn over their social media account(s) access information. After a national uproar this policy was discontinued. However, this background check approach is still being tried across the country.
While at a conference last year, one of the participants told me that during a college admissions interview of a neighbor's son, the applicant was requested to turn over his Facebook user name and password. The college applicant had no problem turning over his "official Facebook user name and password" because the high school student had two Facebook accounts.
This high school student's "official Facebook account" that was turned over to an admissions interviewer on the spot was sterile and was the one that his parents had friended him on to keep track of his online activity. The applicant's real Facebook account contained information that most likely would have kept the applicant from being accepted to his dream school or any other academic institution. These demands are generally targeted at student-athletes. Some student-athletes at major college sports powerhouses are being required to Facebook friend coaches and/or install spying software onto their personal social media accounts/computers.
Having more than one Facebook account is becoming more common and I encourage some of my clients to have multiple Facebook accounts in case they are ever "requested" to turn over their Facebook user name and password. I recommend that most employers in both the private and public sector review and update their personnel policies to ensure that they properly address social media usage. There is no one size fits all policy so employers may want to work with their employees, human resource departments, and their lawyers to draft appropriate social media policies.
New York City's Police Department has a different culture than Andy Griffith's Mayberry Police Department so I would not recommend Mayberry copying the NYPD's social media policy because what may be acceptable in NYC may not be so in Mayberry and vice versa. In addition, different departments within a government may have different social media policy needs. For example, The City of New York Mayor's Office of Film, Theatre, and Broadcasting may have different needs than NYPD's Counterterrorism Units.
Therefore, it is important that employers work with their employees to create fair and reasonable social media policies that protect an employee's right to privacy and balance that need with an employer's right to know. I predict that a case(s) regarding these issues will eventually reach the Supreme Court of the United States.
To learn more about the legal, political, and business 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.
Mr. Collins turned over the requested information because he wanted to keep his job but then contacted the ACLU about his experience. According to the ACLU, there may be some issues under the Federal Stored Communications Act and Maryland state law that may have been violated with this demand. Whether demanding an employee or applicant to turn over his Facebook login information is legal is a question that may one day be decided by the courts and/or state legislatures and/or Congress.
Under Section 4.8 of Facebook's Statement of Rights and Responsibilities (Revision Date: October 4, 2010) it states, "You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account." Turning over one's Facebook login information to an employer or any other third party may violate Facebook's Terms of Use. An employee and/or job applicant may be put in a Catch-22: turn over your Facebook access information or lose your job and/or you won't be offered a job. However, if you turn over your Facebook access information to a third party, Facebook may terminate your Facebook account. Interesting dilemma.
This is not the first time I have heard about this type of situation and I predict there will be a tremendous amount of litigation on this point in the future. In 2009, the City of Bozeman, Montana tried to force its job applicants to turn over their social media account(s) access information. After a national uproar this policy was discontinued. However, this background check approach is still being tried across the country.
While at a conference last year, one of the participants told me that during a college admissions interview of a neighbor's son, the applicant was requested to turn over his Facebook user name and password. The college applicant had no problem turning over his "official Facebook user name and password" because the high school student had two Facebook accounts.
This high school student's "official Facebook account" that was turned over to an admissions interviewer on the spot was sterile and was the one that his parents had friended him on to keep track of his online activity. The applicant's real Facebook account contained information that most likely would have kept the applicant from being accepted to his dream school or any other academic institution. These demands are generally targeted at student-athletes. Some student-athletes at major college sports powerhouses are being required to Facebook friend coaches and/or install spying software onto their personal social media accounts/computers.
Having more than one Facebook account is becoming more common and I encourage some of my clients to have multiple Facebook accounts in case they are ever "requested" to turn over their Facebook user name and password. I recommend that most employers in both the private and public sector review and update their personnel policies to ensure that they properly address social media usage. There is no one size fits all policy so employers may want to work with their employees, human resource departments, and their lawyers to draft appropriate social media policies.
New York City's Police Department has a different culture than Andy Griffith's Mayberry Police Department so I would not recommend Mayberry copying the NYPD's social media policy because what may be acceptable in NYC may not be so in Mayberry and vice versa. In addition, different departments within a government may have different social media policy needs. For example, The City of New York Mayor's Office of Film, Theatre, and Broadcasting may have different needs than NYPD's Counterterrorism Units.
Therefore, it is important that employers work with their employees to create fair and reasonable social media policies that protect an employee's right to privacy and balance that need with an employer's right to know. I predict that a case(s) regarding these issues will eventually reach the Supreme Court of the United States.
To learn more about the legal, political, and business 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.
Saturday, February 12, 2011
Legal Liabilities of Social Media Advertising Campaigns
There are many legal liability issues inherent with social media advertising campaigns. Some legal issues to be aware of include: copyright and trademark issues, privacy, FTC advertising guidelines and full disclosure violations, etc...
I recently attended a conference and one of the panels consisted of a group of marketing professionals. The marketers wanted to create an advertising campaign for a flat screen television company. The hypothetical promotion would encourage consumers to videotape themselves smashing their old tube television sets and then upload the video to a website. The flat screen television company would reward those who uploaded their television smashing videos with a new flat screen television. In addition, the consumer who had the "coolest" video would win $100,000.
At first glance, this hypothetical sounds like it would be a successful promotion. Who wouldn't want to watch a bunch of people smashing their television sets? This advertising campaign sounds like it may be inspired by a Gallagher (go to 7:00 in the clip) comedy routine and/or the Jackass television series/movie franchise.
Watching Gallagher smash watermelons and/or other fruits is still extremely funny. However, Gallagher is a "professional watermelon smasher" and comic and generally flying watermelon will not cause permanent damage to an audience member. In addition, audience members may be deemed to have assumed the risk of attending his show if they are hit with some flying watermelon or other related flying fruit. This type of scenario may be analogous to attending a baseball game and being hit with a foul ball.
Jackass was a television series (and later a movie franchise) on MTV that contained actors who performed interesting stunts. To reduce the possibility of lawsuits, MTV had disclaimers and warnings listed and mentioned before, during, and after each show. In addition, the television series did not encourage its viewers to perform the activities that were depicted.
In contrast to both Gallagher and Jackass, this hypothetical television advertising campaign encourages the destruction of a piece of electronic equipment that may contain dangerous chemicals and/or materials by consumers. This type of encouraged behavior may hurt consumers and/or others who are exposed to the encouraged activities.
Even though a company may put in place a waiver and/or other means to try limit their liability and/or to try to ensure that participants assume all risks associated with the advertising campaign, a lawyer for an injured participant may still file a lawsuit against the company and utilize a creative theory of liability. Therefore, before a company decides to do an advertising campaign with a social media component it should ask its legal department and/or outside legal counsel to fully review the proposal to ensure that it doesn't create any unforeseen potential legal liabilities.
To learn more about about the risks and unforeseen legal liabilities of your social media advertising campaigns you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
I recently attended a conference and one of the panels consisted of a group of marketing professionals. The marketers wanted to create an advertising campaign for a flat screen television company. The hypothetical promotion would encourage consumers to videotape themselves smashing their old tube television sets and then upload the video to a website. The flat screen television company would reward those who uploaded their television smashing videos with a new flat screen television. In addition, the consumer who had the "coolest" video would win $100,000.
At first glance, this hypothetical sounds like it would be a successful promotion. Who wouldn't want to watch a bunch of people smashing their television sets? This advertising campaign sounds like it may be inspired by a Gallagher (go to 7:00 in the clip) comedy routine and/or the Jackass television series/movie franchise.
Watching Gallagher smash watermelons and/or other fruits is still extremely funny. However, Gallagher is a "professional watermelon smasher" and comic and generally flying watermelon will not cause permanent damage to an audience member. In addition, audience members may be deemed to have assumed the risk of attending his show if they are hit with some flying watermelon or other related flying fruit. This type of scenario may be analogous to attending a baseball game and being hit with a foul ball.
Jackass was a television series (and later a movie franchise) on MTV that contained actors who performed interesting stunts. To reduce the possibility of lawsuits, MTV had disclaimers and warnings listed and mentioned before, during, and after each show. In addition, the television series did not encourage its viewers to perform the activities that were depicted.
In contrast to both Gallagher and Jackass, this hypothetical television advertising campaign encourages the destruction of a piece of electronic equipment that may contain dangerous chemicals and/or materials by consumers. This type of encouraged behavior may hurt consumers and/or others who are exposed to the encouraged activities.
Even though a company may put in place a waiver and/or other means to try limit their liability and/or to try to ensure that participants assume all risks associated with the advertising campaign, a lawyer for an injured participant may still file a lawsuit against the company and utilize a creative theory of liability. Therefore, before a company decides to do an advertising campaign with a social media component it should ask its legal department and/or outside legal counsel to fully review the proposal to ensure that it doesn't create any unforeseen potential legal liabilities.
To learn more about about the risks and unforeseen legal liabilities of your social media advertising campaigns you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Friday, February 11, 2011
Did Social Media Cause Egypt's Mubarak To Step Down?
Was social media usage the main reason why Egypt's Mubarak resigned from the Presidency of Egypt? No. It was a combination of Mubarak's dictatorial rule, routine police brutality, a suspended constitution, and poor living conditions for the average Egyptian that fueled the revolution. However, social media platforms and technologies such as Twitter, Facebook, YouTube, and texting enabled the Egyptian people to political crowdsource and communicate with each other to discuss their unhappiness with Mubarak's 30 year reign and to coordinate a strategy to try to create change.
Social Media terrifies every single dictatorship in the Middle East along with China and Russia. When the U.S. and European news outlets started covering the beginning of the Egyptian protests against Mubarak's rule, I noticed that China's and Russia's main news outlets were relatively quiet. At first, I thought I may have been reviewing the wrong websites. However, soon after I observed this lack of coverage by these two countries I read an article that discussed this same observation.
The brutal killing and cover up of businessman Khaled Said in Egypt in June of 2010 was the spark that started the beginning of the end of Mubarak's rule. A leaked photo of Mr. Said's mutilated corpse along with Mr. Said's family and friend's persistence in trying to learn the truth about his death ignited the fire that eventually engulfed Mubarak. A Facebook page about Khaled Said enraged and united Egyptians against Mubarak's rule. The lessons learned from the failed Iranian Revolution after the 2009 elections, and from the recent Tunisian revolution emboldened millions of Egyptians.
In just 18 months, people in the Middle East have learned how to harness the power of social media to work to create political change. During this time, the economy has generally not been great throughout the world and people are more willing to push for institutional change when the economy is in poor shape. When times are prosperous people are less likely to protest and demand a change in leadership. However, when the average citizen is tired of poor living conditions they have nothing to lose to try to change their political system.
It is too soon to tell if the change that social media has helped to foment in Egypt will make the world a safer and more democratic place. I hope that Egypt's Social Media Revolution begins a domino effect that creates more democratic governments that share the same ideals with and are willing to partner with the United States to make the world a better place to live.
To learn more about the legal, business, and political ramifications of social media you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Social Media terrifies every single dictatorship in the Middle East along with China and Russia. When the U.S. and European news outlets started covering the beginning of the Egyptian protests against Mubarak's rule, I noticed that China's and Russia's main news outlets were relatively quiet. At first, I thought I may have been reviewing the wrong websites. However, soon after I observed this lack of coverage by these two countries I read an article that discussed this same observation.
The brutal killing and cover up of businessman Khaled Said in Egypt in June of 2010 was the spark that started the beginning of the end of Mubarak's rule. A leaked photo of Mr. Said's mutilated corpse along with Mr. Said's family and friend's persistence in trying to learn the truth about his death ignited the fire that eventually engulfed Mubarak. A Facebook page about Khaled Said enraged and united Egyptians against Mubarak's rule. The lessons learned from the failed Iranian Revolution after the 2009 elections, and from the recent Tunisian revolution emboldened millions of Egyptians.
In just 18 months, people in the Middle East have learned how to harness the power of social media to work to create political change. During this time, the economy has generally not been great throughout the world and people are more willing to push for institutional change when the economy is in poor shape. When times are prosperous people are less likely to protest and demand a change in leadership. However, when the average citizen is tired of poor living conditions they have nothing to lose to try to change their political system.
It is too soon to tell if the change that social media has helped to foment in Egypt will make the world a safer and more democratic place. I hope that Egypt's Social Media Revolution begins a domino effect that creates more democratic governments that share the same ideals with and are willing to partner with the United States to make the world a better place to live.
To learn more about the legal, business, and political ramifications of social media you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Wednesday, February 2, 2011
Social Media Credential Fraud
If you are reading this blog post there is a good possibility you have heard of the following social media terms: Tweet, To Friend, Un-Friend, To Follow, To Un-Follow, etc...However, have you ever heard of "Social Media Credential Fraud"? Is "Social Media Credential Fraud" a mythical term or is it a new type of fraud that is being perpetuated by some social media users who are trying to be someone whom they are not? Popular. Seen as an expert. Or both.
I discussed this topic while being part of a panel at LegalTech New York 2011 that covered social media branding and ethical issues. During the session, I posed the following hypothetical: Is it unethical for a Twitter user who utilizes a Twitter account for commercial purposes to intentionally follow someone on Twitter, only to stop following that person once a follow back has been received for the specific purpose of inflating one's follower numbers? Is this practice just 1) Bad Manners; or 2) Mere Puffery; or 3) Misleading and/or deceptive under the FTC Advertising Guidelines and/or a Lawyer's Code of Professional Responsibility (if the Twitter user is also a lawyer)?
For example, what if a Twitter user followed 100,000 people, and 50,000 of those people followed the Twitter user back based upon the initial follow. Then the Twitter user systematically un-followed 95,000 of those people so his following to follower number has a ratio of 1:10. After achieving a celebrity like Twitter following to follower ratio, the Twitter user then advertises that he is an expert in his profession and as part of his sales pitch points to his Twitter following to follower ratio or advertises he has a certain number of Twitter followers. Is this practice ethical or is it legal?
This scenario sounds like it could be something that happened in the movie Mean Girls. Unfortunately, it is a behavior that some Twitter users engage in. The FTC Dot Com Disclosures: Information About Advertising states, "The FTC Act's prohibition on unfair or deceptive acts or practices broadly covers advertising claims, marketing and promotional activities, and sales practices in general. The FTC's Advertising and Marketing Guidance states, "under the law, claims in advertisements must be truthful, cannot be deceptive or unfair, and must be evidence-based. For some specialized products or services, additional rules may apply." Since a Twitter account may be considered an advertising platform, the FTC's Dot Com Disclosures may apply to your Tweets.
In the legal profession, lawyers must follow their jurisdiction's Code of Professional Responsibility. For example, Rule 7.1 of New York's Rules of Professional Conduct State: "(a) A lawyer or law firm shall not use or disseminate or participate in the use or dissemination of any advertisement that: (1) contains statements or claims that are false, deceptive or misleading; or (2) violates a Rule." Therefore, a lawyer's Twitter account may be perceived as an advertisement even if it is only used for personal purposes. What if the Twitter account is utilized for both commercial and personal activities? Social Media has blurred the lines between what some people may see as personal and what others may interpret as your professional message. Therefore, it is imperative to understand that your social media activity may have both ethical and legal consequences.
The bottom line is that reputation building and expertise takes years to achieve and that short cuts in the long run will fail. In the 1987 hit movie, "Can't Buy Me Love" Ronald Miller, an unpopular kid in high school paid the most popular girl in high school Cindy Mancini $1,000 to pretend that she was his girlfriend for a month. Ronald's hypothesis was that if Cindy was his girlfriend he would become popular. Overnight, Ronald went from "totally geek" to "totally sheik". However, his new found popularity was short-lived because as soon as the rest of the school found out that he had to pay Cindy to pretend to be his girlfriend (analogous on Twitter to paying a service to obtain followers on your behalf or following tens of thousands of people and then un-following them once you receive a follow back) Ronald's brand was destroyed. Ronald learned in high school that there are no short cuts in reputation building.
The bottom line is acting like a "Social Media Ronald Miller" will not succeed in the long run. While utilizing social media one must understand there are ethical and legal ramifications of what you post and how you utilize each platform.
To learn more about social media legal, branding, and ethical issues you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
I discussed this topic while being part of a panel at LegalTech New York 2011 that covered social media branding and ethical issues. During the session, I posed the following hypothetical: Is it unethical for a Twitter user who utilizes a Twitter account for commercial purposes to intentionally follow someone on Twitter, only to stop following that person once a follow back has been received for the specific purpose of inflating one's follower numbers? Is this practice just 1) Bad Manners; or 2) Mere Puffery; or 3) Misleading and/or deceptive under the FTC Advertising Guidelines and/or a Lawyer's Code of Professional Responsibility (if the Twitter user is also a lawyer)?
For example, what if a Twitter user followed 100,000 people, and 50,000 of those people followed the Twitter user back based upon the initial follow. Then the Twitter user systematically un-followed 95,000 of those people so his following to follower number has a ratio of 1:10. After achieving a celebrity like Twitter following to follower ratio, the Twitter user then advertises that he is an expert in his profession and as part of his sales pitch points to his Twitter following to follower ratio or advertises he has a certain number of Twitter followers. Is this practice ethical or is it legal?
This scenario sounds like it could be something that happened in the movie Mean Girls. Unfortunately, it is a behavior that some Twitter users engage in. The FTC Dot Com Disclosures: Information About Advertising states, "The FTC Act's prohibition on unfair or deceptive acts or practices broadly covers advertising claims, marketing and promotional activities, and sales practices in general. The FTC's Advertising and Marketing Guidance states, "under the law, claims in advertisements must be truthful, cannot be deceptive or unfair, and must be evidence-based. For some specialized products or services, additional rules may apply." Since a Twitter account may be considered an advertising platform, the FTC's Dot Com Disclosures may apply to your Tweets.
In the legal profession, lawyers must follow their jurisdiction's Code of Professional Responsibility. For example, Rule 7.1 of New York's Rules of Professional Conduct State: "(a) A lawyer or law firm shall not use or disseminate or participate in the use or dissemination of any advertisement that: (1) contains statements or claims that are false, deceptive or misleading; or (2) violates a Rule." Therefore, a lawyer's Twitter account may be perceived as an advertisement even if it is only used for personal purposes. What if the Twitter account is utilized for both commercial and personal activities? Social Media has blurred the lines between what some people may see as personal and what others may interpret as your professional message. Therefore, it is imperative to understand that your social media activity may have both ethical and legal consequences.
The bottom line is that reputation building and expertise takes years to achieve and that short cuts in the long run will fail. In the 1987 hit movie, "Can't Buy Me Love" Ronald Miller, an unpopular kid in high school paid the most popular girl in high school Cindy Mancini $1,000 to pretend that she was his girlfriend for a month. Ronald's hypothesis was that if Cindy was his girlfriend he would become popular. Overnight, Ronald went from "totally geek" to "totally sheik". However, his new found popularity was short-lived because as soon as the rest of the school found out that he had to pay Cindy to pretend to be his girlfriend (analogous on Twitter to paying a service to obtain followers on your behalf or following tens of thousands of people and then un-following them once you receive a follow back) Ronald's brand was destroyed. Ronald learned in high school that there are no short cuts in reputation building.
The bottom line is acting like a "Social Media Ronald Miller" will not succeed in the long run. While utilizing social media one must understand there are ethical and legal ramifications of what you post and how you utilize each platform.
To learn more about social media legal, branding, and ethical issues you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Saturday, January 29, 2011
ALM's LegalTech New York 2011
If you are interested in new and exciting legal technology that may assist in making your practice more efficient I encourage you to attend LegalTech New York 2011. The conference will be held at the New York City Hilton from January 31-February 2nd. If you are interested in attending LegalTech New York here is the link to register and this is the link for more information on the sessions that will be offered.
[Full Disclosure: Shear on Social Media Law is part of ALM's Law.com Blog Network]
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
[Full Disclosure: Shear on Social Media Law is part of ALM's Law.com Blog Network]
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Friday, January 28, 2011
Egypt's Social Media Revolution
As I am writing this post I am surfing the net looking for information about Egypt's Social Media Revolution. It is reminiscent of the events that took place in Iran last year during their election season. The Iranian Twitter Revolution failed to achieve its immediate goal of peaceful institutional change but it may have inspired the current Social Media Revolution in Egypt. This eventing, NBC News discussed how social media has helped fuel the protests in Egypt.
In general, for thousands of years Egypt has been ruled by one political party or group. Some of these groups have been internal while others have been foreign powers who exerted influence over Egypt's internal affairs. While researching Egypt's history, it appears that the Egyptian people have never really had the opportunity to freely choose from a pool of candidates whom they want to lead their country. Therefore, it will be interesting to see the final outcome of this situation.
The bottom line is that during times of turmoil organizations must be aware of how people are utilizing social media and they must create social media crisis management plans because social media has the potential to shape people's hearts and minds the way television has been doing so for the past 50 years. Blocking access to social media is not the answer and will only fuel the fire. Therefore, institutions and companies must be proactive and understand the political, legal, and business ramifications of social media.
To learn more about the legal, business, and political ramifications of social media you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
In general, for thousands of years Egypt has been ruled by one political party or group. Some of these groups have been internal while others have been foreign powers who exerted influence over Egypt's internal affairs. While researching Egypt's history, it appears that the Egyptian people have never really had the opportunity to freely choose from a pool of candidates whom they want to lead their country. Therefore, it will be interesting to see the final outcome of this situation.
The bottom line is that during times of turmoil organizations must be aware of how people are utilizing social media and they must create social media crisis management plans because social media has the potential to shape people's hearts and minds the way television has been doing so for the past 50 years. Blocking access to social media is not the answer and will only fuel the fire. Therefore, institutions and companies must be proactive and understand the political, legal, and business ramifications of social media.
To learn more about the legal, business, and political ramifications of social media 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.
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.
Monday, January 10, 2011
Social Media Law Predictions For 2011
Reading the tea leaves and advising clients is what lawyers are paid to do. 2010 was the coming out party for social media and social media law. With the release of the movie "The Social Network" and Facebook surpassing Google in several different web traffic metrics, social media and the practice of social media law has finally come of age. In no particular order, below are some of my social media law predictions for 2011:
1. Employers will continue to grapple with where to draw the line regarding employee social media use.
2. More courts will address social media usage in their instructions to juries and there will be more e-discovery related social media matters.
3. The judicial system, bar associations, and bar counsels will work to find a common sense approach regarding how lawyers, judges, and clients may or may not interact with other other on social media.
4. Intellectual property law will be updated to better protect copyright owners.
5. The Federal Election Commission and state election boards will update their rules to address social media usage by political candidates.
6. Regulated industries such as banking and finance, pharma, etc...will continue refining their approach to regulating social media usage.
7. Federal and state governments will determine what official government social media records need to be retained.
8. Homeland Security, the CIA, FBI, NSA, U.S. Armed Forces, etc... will need re-evaluate their social media policies and determine what they allow their employees to post online.
9. Cyberbulling, Privacy, Defamation, and First Amendment issues will become further intertwined and a rational legal framework will need to be created to address these matters.
10. Social Media Credential Fraud will continue to increase as more people will try to create the perception that they are experts in their professional field due to their social media activity.
To learn more about my social media law predictions you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
1. Employers will continue to grapple with where to draw the line regarding employee social media use.
2. More courts will address social media usage in their instructions to juries and there will be more e-discovery related social media matters.
3. The judicial system, bar associations, and bar counsels will work to find a common sense approach regarding how lawyers, judges, and clients may or may not interact with other other on social media.
4. Intellectual property law will be updated to better protect copyright owners.
5. The Federal Election Commission and state election boards will update their rules to address social media usage by political candidates.
6. Regulated industries such as banking and finance, pharma, etc...will continue refining their approach to regulating social media usage.
7. Federal and state governments will determine what official government social media records need to be retained.
8. Homeland Security, the CIA, FBI, NSA, U.S. Armed Forces, etc... will need re-evaluate their social media policies and determine what they allow their employees to post online.
9. Cyberbulling, Privacy, Defamation, and First Amendment issues will become further intertwined and a rational legal framework will need to be created to address these matters.
10. Social Media Credential Fraud will continue to increase as more people will try to create the perception that they are experts in their professional field due to their social media activity.
To learn more about my social media law predictions you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Wednesday, December 29, 2010
Enjoy the Holiday Season and Happy New Year!
Wishing everyone a happy and healthy holiday season along with a happy new year! May the new year bring good health, happiness, and success!
To learn more about the social media legal issues that your entity may confront in the new year you may contact me at www.shearlaw.com.
Copyright 2010 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
To learn more about the social media legal issues that your entity may confront in the new year you may contact me at www.shearlaw.com.
Copyright 2010 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Tuesday, December 28, 2010
Professional Athletes Must Be Careful When Using Social Media
During the past two years, professional athletes have started to embrace social media. For example, active NFL players such Chad Ochocinco and Reggie Bush have more than a million Twitter followers. These two NFL players have successfully combined their on the field play with their off the field personalities to become popular on social media.
Social media offers professional athletes new and exciting ways to engage and interact with their fans. Unfortunately, social media usage by professional athletes may also cause some unforeseen problems. During this time, some NFL players have been fined for violating the NFL's social media policy because they tweeted during a game. Other players have made inappropriate comments on Twitter. For example, former Kansas City Chief Larry Johnson lost more than $300,000 in game day compensation for his Tweets that slurred homosexuals. Johnson's Tweets so enraged Chiefs fans that an online petition garnered more than 32,000 fan signatures to keep Johnson from returning to the team. In addition to lost game day compensation, Johnson may have lost possible lucrative post-career marketing opportunities in Kansas City.
Social media usage by professional athletes may also have serious legal consequences. For example, on December 22, 2010 it was reported by the Baltimore Sun that Ravens rookie Sergio Kindle expressed uncertainty about his NFL career on Twitter after he met with his doctors. Kindle has been on the reserve/non-football injury list since fracturing his skull before training camp opened earlier this year. Discussing one's medical condition is not something that should occur via social media. Less than a week after Kindle's Twitter medical update he was charged with a DUI. In addition, Kindle through an interview allegedly admitted to drinking and driving. It appears that Kindle has deleted his Twitter account within the past 48 hours of this writing.
Kindle's social media usage along with his poor judgment may end up not only harming his NFL career, it may also cause him legal trouble. A prosecutor may utilize Kindle's Tweets and his alleged interview admission regarding the DUI against him in court. Even if Kindle's attorney is able to have Kindle's blood alcohol score and/or other evidence excluded from the case, a prosecutor may still be able to utilize Kindle's Tweets before and after the alleged DUI and his alleged admissions to a reporter regarding the incident.
As more and more people utilize social media, these type of issues will drastically increase. Therefore, it is imperative to think twice before making a social media post because you never know how it may be used against you at a later date.
To learn how to protect your social media profile you may contact me at www.shearlaw.com.
Copyright 2010 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Social media offers professional athletes new and exciting ways to engage and interact with their fans. Unfortunately, social media usage by professional athletes may also cause some unforeseen problems. During this time, some NFL players have been fined for violating the NFL's social media policy because they tweeted during a game. Other players have made inappropriate comments on Twitter. For example, former Kansas City Chief Larry Johnson lost more than $300,000 in game day compensation for his Tweets that slurred homosexuals. Johnson's Tweets so enraged Chiefs fans that an online petition garnered more than 32,000 fan signatures to keep Johnson from returning to the team. In addition to lost game day compensation, Johnson may have lost possible lucrative post-career marketing opportunities in Kansas City.
Social media usage by professional athletes may also have serious legal consequences. For example, on December 22, 2010 it was reported by the Baltimore Sun that Ravens rookie Sergio Kindle expressed uncertainty about his NFL career on Twitter after he met with his doctors. Kindle has been on the reserve/non-football injury list since fracturing his skull before training camp opened earlier this year. Discussing one's medical condition is not something that should occur via social media. Less than a week after Kindle's Twitter medical update he was charged with a DUI. In addition, Kindle through an interview allegedly admitted to drinking and driving. It appears that Kindle has deleted his Twitter account within the past 48 hours of this writing.
Kindle's social media usage along with his poor judgment may end up not only harming his NFL career, it may also cause him legal trouble. A prosecutor may utilize Kindle's Tweets and his alleged interview admission regarding the DUI against him in court. Even if Kindle's attorney is able to have Kindle's blood alcohol score and/or other evidence excluded from the case, a prosecutor may still be able to utilize Kindle's Tweets before and after the alleged DUI and his alleged admissions to a reporter regarding the incident.
As more and more people utilize social media, these type of issues will drastically increase. Therefore, it is imperative to think twice before making a social media post because you never know how it may be used against you at a later date.
To learn how to protect your social media profile you may contact me at www.shearlaw.com.
Copyright 2010 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.
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.
Sunday, December 19, 2010
UK approves Tweeting in the Court Room During Assange Bail Hearing
You have to give credit to Julian Assange where credit is due. His name and his organization WikiLeaks strikes fear in every government and large corporation throughout the world. He has the ability to destroy international relationships and expose secrets with a simple keystroke. Due to Assange's creation, no "For Your Eyes Only" document is safe from "inquiring minds."
So far, Wikileaks' infamous document releases have been a big disappointment to me. Reading how U.S. diplomats view leaders from around the world is boring. I want WikiLeaks to release its documents on Bigfoot, the incident at Roswell, New Mexico in 1947, and its information on the Warren Commission. I want to know if Lee Harvey Oswald was the only person involved with President Kennedy's assassination.
Despite WikiLeaks major shortcomings, we can thank Assange's actions and current celebrity for a UK court's acceptance of the usage of Twitter during a court room proceeding. Howard Riddle, the Chief Magistrate presiding over Assange's bail hearing was asked and provided permission to a reporter that he could send Tweets if it is done quietly and does not disturb the court. Therefore, it appears that mircoblogging during a trial by reporters may be acceptable in the UK.
As of this writing, the US does not have a uniform rule on microblogging by reporters during trial. In a recent high profile trial in Chesire, Conn a defendant is using as part of his basis for appeal that Tweeting during trial created a "circus atmosphere." So far this argument has fallen on deaf ears. However, until there is uniformity throughout the US this argument may succeed in some jurisdictions.
In my opinion, up until this point in time,WikiLeaks' major contribution is that it has assisted a UK court in deciding that Tweeting during a judicial proceeding is acceptable. Only after WikiLeaks uploads the documents that answer all of my questions regarding Area 51, the Roswell Incident, and the Bigfoot can I truly say that it has topped its biggest accomplishment to date which is having a UK jurist determine that Tweeting during a court proceeding is acceptable.
To learn more about how your legal rights may be affected by social media usage you may contact me at www.shearlaw.com.
Copyright 2010 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
So far, Wikileaks' infamous document releases have been a big disappointment to me. Reading how U.S. diplomats view leaders from around the world is boring. I want WikiLeaks to release its documents on Bigfoot, the incident at Roswell, New Mexico in 1947, and its information on the Warren Commission. I want to know if Lee Harvey Oswald was the only person involved with President Kennedy's assassination.
Despite WikiLeaks major shortcomings, we can thank Assange's actions and current celebrity for a UK court's acceptance of the usage of Twitter during a court room proceeding. Howard Riddle, the Chief Magistrate presiding over Assange's bail hearing was asked and provided permission to a reporter that he could send Tweets if it is done quietly and does not disturb the court. Therefore, it appears that mircoblogging during a trial by reporters may be acceptable in the UK.
As of this writing, the US does not have a uniform rule on microblogging by reporters during trial. In a recent high profile trial in Chesire, Conn a defendant is using as part of his basis for appeal that Tweeting during trial created a "circus atmosphere." So far this argument has fallen on deaf ears. However, until there is uniformity throughout the US this argument may succeed in some jurisdictions.
In my opinion, up until this point in time,WikiLeaks' major contribution is that it has assisted a UK court in deciding that Tweeting during a judicial proceeding is acceptable. Only after WikiLeaks uploads the documents that answer all of my questions regarding Area 51, the Roswell Incident, and the Bigfoot can I truly say that it has topped its biggest accomplishment to date which is having a UK jurist determine that Tweeting during a court proceeding is acceptable.
To learn more about how your legal rights may be affected by social media usage you may contact me at www.shearlaw.com.
Copyright 2010 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Saturday, December 18, 2010
How To Choose A Social Media Lawyer
Choosing a social media lawyer is difficult because there are so few bona fida social media attorneys around. You should choose a social media lawyer in the same manner that you choose a lawyer for any other matter: via due diligence. Social Media Law is like entertainment law and sports law in that there are several different areas of the law that a practitioner should understand.
Some of the areas of the law that a social media lawyer should be knowledgeable about include: Internet law, intellectual property, employment law, business law, media law, and privacy law. A social media lawyer should also know how social media may be used in other legal specialties and the business of social media. In addition, a social media lawyer must understand social media technology and how social media is utilized. A social media lawyer must not just talk the talk, he must walk the walk.
I have noticed some lawyers falsely advertising they have social media experience and some who have even fraudulently created social media credentials. Due diligence via a Google search, a review of an attorney's social media usage, and personal recommendations should enable a client to determine a lawyer's true social media knowledge. Having a blog, a Twitter account, or a Facebook or Myspace page for your practice does not mean you are a social media lawyer. It just means that you spend your spare time creating content that you want the entire world to see.
To learn more about my social media credentials I welcome you to do a Google search and review my lawyer profile. If you are in need of social media lawyer you may contact me at http://www.shearlaw.com/.
Copyright 2010 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Some of the areas of the law that a social media lawyer should be knowledgeable about include: Internet law, intellectual property, employment law, business law, media law, and privacy law. A social media lawyer should also know how social media may be used in other legal specialties and the business of social media. In addition, a social media lawyer must understand social media technology and how social media is utilized. A social media lawyer must not just talk the talk, he must walk the walk.
I have noticed some lawyers falsely advertising they have social media experience and some who have even fraudulently created social media credentials. Due diligence via a Google search, a review of an attorney's social media usage, and personal recommendations should enable a client to determine a lawyer's true social media knowledge. Having a blog, a Twitter account, or a Facebook or Myspace page for your practice does not mean you are a social media lawyer. It just means that you spend your spare time creating content that you want the entire world to see.
To learn more about my social media credentials I welcome you to do a Google search and review my lawyer profile. If you are in need of social media lawyer you may contact me at http://www.shearlaw.com/.
Copyright 2010 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
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