1. MANAGING LEGAL RISK IN AN
INCREASINGLY CONNECTED AND
DIGITAL WORLD.
@MKSINGHLAW

2. How many people in the room own
a business that uses social media
or other digital marketing?
How many people in the room
offer social media or other digital
marketing services for their
clients? Or employers?
@MKSINGHLAW

3. How many people use Yelp? Or other review
sites?
What usually prompts you to write a review?
What would you do if you got a bad review that
you think is not true or unfair?
@MKSINGHLAW

4. Defamation: Statement of fact + published to a
third person + the statement is false and
defamatory + of or concerning the plaintiff +
there is damage to plaintiff’s reputation
Defense: Truth, Opinion and Fair Comment
(Court looks to context and medium)
@MKSINGHLAW
Can you sue someone from writing a bad review?

5. TORTS
Intrusion of Privacy; Publication of Private Facts
Interference with Business Relationships
Fraud/Misrepresentation
Intentional Infliction of Emotional Distress
@MKSINGHLAW
Other potential liability concerns

6. As an employee do you have an obligation to
maintain trade secrets of your employer? What
about after you leave?
Could you be liable if you accidently tweet new
product information before the launch date?
@MKSINGHLAW

7. NEGLIGENCE: Duty of Care?
Leaking of Proprietary or Confidential Info
Misappropriation of Trade Secrets
Breach of Contractual Obligations
Non Disclosure Agreements
@MKSINGHLAW

8. INTELLECTUAL PROPERTY
Who owns the copyright?
Who owns the rights if you hire someone to
promote your business through social media?
Does a tweet or status update meet the threshold
for copyright protection?
@MKSINGHLAW

9. TRADEMARK
Creating Confusion Over a Brand
Confusing Users About Your Relationship to a
Trademark
Twitter Parody vs. Trademark Infringement
@MKSINGHLAW

10. ONLINE ADVERTISING
FTC Guidelines
Truthful and Not Misleading
Disclose Relationship (if any)
“Clear and Conspicuous”
Tweet: Include Ad or link
Blog: Post at top of blog
@MKSINGHLAW

11. Final Thought
Everything you tweet, post, blog,
Facebook, etc. can and will be used
against you in a court of law.
@MKSINGHLAW