1. THE GOLDMINE AND MINEFIELDS OF
SOCIAL MEDIA FOR PROFESSIONALS
& BUSINESS OWNERS
*ALL COPYRIGHTS RESERVED
SALENE MAZUR KRAEMER, ESQUIRE, MBA, CTP-D
SALENE@MAZURKRAEMER.COM
KATIE IMLER, JD/MBA STUDENT, PITT LAW 2014
KATIE@MAZURKRAEMER.COM
1
3. Overview
How to
What is Social Participate
Media?
(the 6 P’s)
Downsides for a
Benefits for a Business Personal
Business and a Legal & Ethical Issues
and a Professional Experiences/Questions
Professional
Definition Benefits Drawbacks How To Issues Experiences
3
4. If you are a business and want to survive,
you cannot ignore social media.
Molson Canadian Beer- Link VIDEO:
http://www.youtube.com/watch?v=Ia3Utt8boKY&featu
re=youtu.be
4
5. SOCIAL MEDIA – A DEFINITION
“[B]lending of technology and social interactions for the co-
creation of value” -Wikipedia
• A group of Internet-based applications that build on the
ideological and technological foundations of Web 2.0, which
allows the creation and exchange of user-generated
content, as opposed to the passive viewing of content.
• CGM-consumer-generated media.
Definition Benefits Drawbacks How To Issues Experiences
5
6. What Is Social Media?
Blogs
Media Sharing
Microblogs Websites
(Twitter) (YouTube, Flickr,
Slide.com)
Collaborative
Social Networks
(Facebook;
Social Sites
(wikipedia;
LinkedIn) Media investopedia)
Definition Benefits Drawbacks How To Issues Experiences
6
8. The Web Is What You Make of It
VIDEO
DOES SOCIAL MEDIA INTIMIDATE YOU?
http://www.youtube.com/watch?v=R4vkVHijdQk&feature=share&list=P
L5308B2E5749D1696
8
9. MY SOCIAL MEDIA STORY
FLICKR: (2011)
salene photostream
FACEBOOK: 650 friends 115
likes (2010)
TWITTER:
@salenekraemer (2009)
960 followers
BLOG: (November 11, 2009)
20,000 + hits, 50+ posts
LINKEDIN: (2007) 913
connections
9
12. IS SOCIAL NETWORKING VALUABLE
FOR BUSINESSES
OR
A USELESS
DISTRACTION?
-Seth Godin VIDEO
http://www.youtube.com/watch?v=r0h0LlCu8Ks&feature=youtu.be
12
13. Perks for the Professional
Create personal brand
Stay top of mind
Build credibility
Get word of mouth
Humanize yourself marketing
Gain competitive edge Connects you to the
in bid process clients
Known in Industry
Definition Benefits Drawbacks How To Issues Experiences
13
14. Perks for the Professional
Modern Rolodex Exposure to Media/News
Outlets
Networking with strangers Real-time updates on
prior to event #wlusocial changes in the legal or
media business landscape
Gather better research re:
Access to like-minded prospective
persons clients, competitors, adversa
ries
Promote clients’ events (*) Depository for info to share
w/ client via several media
Definition Benefits Drawbacks How To Issues Experiences
14
15. Benefits for the Business
Attract New Connect/Participate with Exhibit Unknown
Customer Communities Aspects Business
Stakeholders
• Create buy-in/loyalty • Charity, corporate
• Clients, supporters culture
• Multiplier effects of
• Referral fans’ communities IKEA
• Provide glimpses into
sources, partners personal lives of
• Develop relationships
owners
• Investors, lenders • Gather information re:
specialists, end- • Reveal behind the
users, competitors scenes
Definition Benefits Drawbacks How To Issues Experiences
15
16. Benefits for the Business
Promote overarching goal of
Promote business
your business
special events/sales
• Increase awareness of
product or services • Expand your target
• Describe experience by
market (globally) Fundraising
actual customers • Open opportunities for
news mentions
• Police reputation/brand
• Reciprocal promotion
• Post/fill job descriptions of businesses
Definition Benefits Drawbacks How To Issues Experiences
16
17. IKEA –Creating a Facebook Community
http://www.youtube.com/watch?v=0TYy_3786bo VIDEO
17
18. Warnings for the Professional
Tarnish reputation
Get fired
Viral
May alienate clients, potential
clients, vendors, referral sources
by promoting a particular
client/event/brand/business/cause/ Permanent
politics
May create uninsured events Non-private
May become victim of
harassment/discrimination/stalking
/bullying
Definition Benefits Drawbacks How To Issues Experiences
18
19. Additional Warnings
May reveal too much info to
adversary
Ethics violations issued by
professional associations/licensure
action
Used in litigation against you
Used in background check for hiring
Used if potential juror
Criminal penalties, monetary
penalties
Definition Benefits Drawbacks How To Issues Experiences
19
20. Downsides/Risks for the Business
Time-consuming and expensive
Need accurate, consistent legal or
business info
May reveal too much info to
competitors
Sound bites are too short for
disclaimers
Fake or coerced friending
References for departed employees
Distorts reality
Postings later used in litigation
Definition Benefits Drawbacks How To Issues Experiences
20
21. Downsides/Risks for a Business
Need express policy, procedures &
remedial action
Cannot monitor every thing employees
do/risk of company criticism or
controversial statements
Direct or vicarious liability (copyright,
trademark, harassment, defamation,
discrimination, negligent hiring)
Inadvertent disclosure of confidential
and/or $ info
Deceptive trade practices
Social media loafing
Definition Benefits Drawbacks How To Issues Experiences
21
23. How to Participate: The 6 P’s of the Big 3
Professionalism Profile Privacy
Protocol
Performance Practice
(Etiquette)
Definition Benefits Drawbacks How To Issues Experiences
23
24. BUSINESS INTERACTIONS WITH
SOCIAL MEDIA
POSTING ACCESS
Company sponsored:
Employee postings on behalf of Employee non-business
marketing, recruiting, customer Monitoring online discussions
business postings Background checks
service, branding, PR, news by TP and employees
24
25. The Big 3
LinkedIn
Twitter Facebook
Definition Benefits Drawbacks How To Issues Experiences
25
26. PROFESSIONALISM: THE BLUR
LinkedIn
Twitter
100% professional
Facebook
80% professional
5-40% professional
*Forging new
relationships *Best referral
network
Definition Benefits Drawbacks How To Issues Experiences
26
27. PERFORMANCE:
• Update status (personal, market
expertise, tag friends)
• Share/post links
(articles, blogs, news, tag/share)
Facebook • Comment /Like (after
networking, achievements, bdays,)
• Fan Pages
Twitter
• Tweet re: services
/products, industry trends/know
how, tips, advice, personal stories LinkedIn
• Retweet
• Respond to @replies/mentions
• Comment on other users’
links/tweets • Update status (events, variety)
• Ask questions in tweet • Comments/like/share other s’
• Use hashtags/tweetups updates
• Socialize • Engage in groups
• Use lists/favorites (discussions/share news)
• Email to target group
Definition Benefits Drawbacks How To Issues Experiences
27
29. PROTOCOL/ETIQUETTE: The Do’s
Think 2X before sending anything
Remember you are likely Demonstrate expertise
monitored Follow diverse users and read
Comply with any corporate policies diverse content
(logo, branding, disclosures, Read and/or editorialize shared
disclaimers) links
Add value, inform Be respectful
Be authentic Include personal comments to
humanize
Use privacy controls
Definition Benefits Drawbacks How To Issues Experiences
29
30. PROTOCOL/ETIQUETTE: The Don’ts
Forget your acts may be Swear
imputed to employer Mention politics/religion
Be negative. Do not disparage Spam
anyone period Send autoresponses or
Be insincere or fake autostream to blogs/sync
Make a blatant sales pitch status updates
Refer to client or corporate @reply when you meant to DM
confidential info Post to a wall when you should
Give away too much have emailed via INBOX
location/personal data
Tag with wild abandon
Definition Benefits Drawbacks How To Issues Experiences
30
31. SOCIAL MEDIA POLICIES- Issues to
Be Addressed
Ground rules for different sites Protecting Image/brand
Scope: apply to internal and/or Confidential/inappropriate
external communications information
Speaker transparency/ Approach will vary based on
disclaimers/dissociation of industry, applicable
views/endorsement laws/regulations, scope of
company and employee use,
Disciplinary sanctions marketing/PR goals
Compliance with applicable laws
31
33. Ethical Issues
• When does attorney/client • Keep hard copy for 2
relationship begin? years
• Utilize disclaimers • No referral payments to
non-lawyers
• Social media engagement • No celebrity or public
Unauthorized Direct
with adversaries Advertising
figure endorsements
practice of law Solicitation
• Watch conduct as a blog • Must disclose paid
commenter, in chat rooms endorsements
Specialization Confidentiality Communications
Definition Benefits Drawbacks How To Issues Experiences
33
34. Legal Issues
Intellectual Property Employment Law
Tort Contract/Regulatory
Definition Benefits Drawbacks How To Issues Experiences
34
35. Legal Issues
Trademark
Intellectual Property
infringement
Trade Secret
Tort
violations
Contributory
infringement Breach of
Contract /Regulatory
Right of Publicity contract
Copyright Namesquatting
infringement False
Advertising
Impersonation
Secondary
infringement Promotions/
Defamation (libel) Sweepstakes
Fair Use Invasion of
privacy Unfair
competition
Definition Benefits Drawbacks How To Issues Experiences
35
36. Employment Law
Employee v.
Employment Sexual
Independent
Discrimination Harassment
Contractors
Quid pro quo
Recruiting/hiring, terms/conditions of
employment/promotion, wages,
Know the difference Hostile work environment
Firing, retaliation
*Strict liability
Definition Benefits Drawbacks How To Issues Experiences
36
37. More Employment Law Issues
Blog
o Corporate and personal
References
o LinkedIn
Twitter
o Rep for your firm
Texting while driving
Googling Candidates
Facebook
o Including Passwords
First Amendment
Definition Benefits Drawbacks How To Issues Experiences
37
38. Types of Employment Policies
Social Nondisclosure/
Media Relations Confidentiality
Media Agreement
Acceptable
Crisis Data Leakage Training
Email/Internet Management Prevention Sessions
Use
Definition Benefits Drawbacks How To Issues Experiences
38
43. Definition Benefits Drawbacks How To Issues Experiences
43
44. Definition Benefits Drawbacks How To Issues Experiences
44
45. 10. Chrysler
9. Qwikster
8. Qantas
7. Godaddy.com
6. Unilever (Ragu)
5. Kenneth Cole
4. Anthony Weiner
3. Virgin America
2. Paypal
1. Blackberry
-David Amerland
Definition Benefits Drawbacks How To Issues Experiences
45
46. Thank You!
Are You Ready to Jump on the Social
Media Bandwagon?
46
47. Salene Mazur Kraemer,
Esquire, MBA, CTP-D
salene@mazurkraemer.com
Katie Imler, JD/MBA Student,
Pitt Law
katie@mazurkraemer.com
3205 Pennsylvania Avenue, Suite B,
Weirton, WV 26062
304.300.0593
1911 Wharton Street
Pittsburgh, PA 15203
412.427.7075
www.mazurkraemer.com
47
48. *The 6Ps of the BIG 3™ for Job-Seeking JDs, by Amanda Ellis
http://www.6psbig3.com/blog/index.php/buy-the-book/ or
http://amzn.com/0578053039.
* PBI.org’s CLE Facebook, Twitter, Blogging- Oh My Space, available
here http://tinyurl.com/3sasdjm
See my Twitterfeed https://twitter.com/#!/salenekraemer
RESOURCES
48
49. Let us help you bring your business up to
speed
2 hour consultation with
key management re: social
media needs/instruction
Customized Social Media
Policy
5% discount if you Tweet or
Facebook post your
request to @salenekraemer
or the MAZURKRAEMER
Facebook Page
49
Editor's Notes
(When does attorney/client relationship begin? Websites pay you to be experts (“expert”) Utilize disclaimers. Be careful about social media engagement with adversaries. Watch conduct as a blog commenter, in chat rooms) (Keep hard copy for 2 years; no referral payments to non-lawyers; No celebrity or public figure endorsements, must disclose paid endorsements,
