1. Social Media Checkup: SUCCEED the Legal Way PRESENTED BY: SHARON TOEREK, PARTNER AT LICATA & TOEREK

2. 2 Social Media Checkup: SUCCEED the Legal Way Benefit Advisors Network Benefit Advisors Network, your Smart Partner™ in employee benefits planning, is the premier, national, credentialed network of independent benefit advisory & consulting companies. Through best practice sharing, market clout leveraging and shared capital for investments, BAN delivers the power of Smart Partners™. Through industry leading tools, technology and expertise, member firms can deliver optimum results for their employee benefits customers. Social Media: Introductions www.benefitadvisorsnetwork.com

3. 3 Social Media Checkup: SUCCEED the Legal Way World Synergy is a leading Strategic eBusiness Services company located in Cleveland, Ohio. For over 25 years, from thought to thrive, our eStrategy model creates an integrated online marketing and technology strategies to increase clients' sales and improve their ROI. Social Media: Introductions – World Synergy – Company History eStrategy Model

4. 4 Social Media Checkup: SUCCEED the Legal Way Social Media: Introductions – World Synergy – Clients and Credentials Our 500+ Clients Include: 3M AC Delco Answerthink Consulting ASM International Benefit Advisors Network Chevrolet Clear Channel Communications CM Smith De Nora Disney Elevation Group Fitness Quest French Oil Group Services Innoplast King Nut Lockheed Martin Mergershop Napa Auto Parts Petroliance Ronald McDonald House Spectrum Surgical Instruments Summit Racing Wallace Insurance Group Certifications/Authorized Resellers: Cisco Citrix Dell Google IBackup Microsoft Miva Merchant Sonic Wall Sun Microsystems

5. 5 Social Media Checkup: SUCCEED the Legal Way Social Media: Contact Information Follow Us worldsynergy.com/internet-marketing-blog facebook.com/worldsynergy twitter.com/worldsynergy linkedin.com/company/world-synergy-enterprises Sharon Toerek – Partner, Licata & Toerek slt@completecounsel.com Glenn Smith – President / CEO gsmith@worldsynergy.com Mike Murray – Web Marketing Thought Leader mmurray@worldsynergy.com

6. 6 Social Media Checkup: SUCCEED the Legal Way Social Media: Health Care Trends Social Media: The Facts

7. 7 Social Media Checkup: SUCCEED the Legal Way Social Media: Health Care Trends Other Trends: 64% of hospitals have implemented social media (MyHealthCommunity survey). 79% of the global 2011 Fortune Global 100 use at least one of the major social media platforms (Burson-Marsteller, Social media study). 69% of small business owners use social media (Webs survey). 37% of health care professionals use social media for networking (AMN Healthcare survey). 20% of Americans use social media web sites for health care information (National Research Corp.’s Ticker survey). 26% of healthcare payer companies believe social media is an important strategy to reach customers (FierceHealthPayer research commissioned by Varolii Corp.). Social Media: The Facts

8. 8 Social Media Checkup: SUCCEED the Legal Way Sharon Toerek focuses her legal practice at Licata & Toerek on: Trademark law Copyright law Intellectual property licensing and transfers Advertising and marketing law Corporate business transactions Reach Sharon @ slt@completecounsel.com www.linkedin.com/in/sharontoerek Sharon Toerek: Licata & Toerek

9. 9 Social Media Checkup: SUCCEED the Legal Way Social Media: A Revolution in Communication Social media accounts for about 25% of all time spent online Facebook accounts for 8.93% of all website visits in the US 64% of Facebook users have liked a brand on Facebook $4.26 billion will be spent on social media marketing globally in 2011 Ford’s 2011 Explorer launch on Facebook generated a 200% greater return than a Super Bowl ad Source: http://jeffesposito.com/2011/02/14/social-media-facts-share-executives/ Social Media: Facts

10. 10 Social Media Checkup: SUCCEED the Legal Way Why are you involved in social media? Offense To expose your brand to new consumers and new platforms To reach consumers directly Everyone else is doing it Defense Concerned about what your customers say about you Concerned about what your employees are doing Concerned about liability or brand liability Everyone else is doing it Social Media: Involvement

11. 11 Social Media Checkup: SUCCEED the Legal Way Know Legal “Trouble Areas” When Using Social Media Intellectual Property Protection or Misuse Advertising Regulations & Reputation Management Employment Law Compliance Proactively Spot Trouble Areas Before They Occur Establish Policies to Deal With Trouble Areas Proactively or Reactively Where Necessary Social Media: Key Takeaways

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13. 13 Social Media Checkup: SUCCEED the Legal Way What’s at Stake Intellectual Property misuse/infringement Liability for HR claims (discrimination, harassment, privacy) Liability for false advertising/disparagement claims Reputation management issues Social Media: The Legal Stakes

14. 14 Social Media Checkup: SUCCEED the Legal Way Who Should Create Social Media Policy in Your Company EFFECTIVE Social Media Policy is TEAM CREATED! Social Media: Policy Architecture

15. 15 Social Media Checkup: SUCCEED the Legal Way Social Media Policy should integrate with your other company policies: Social Media: Policy Integration

16. 16 Social Media Checkup: SUCCEED the Legal Way Staying Out of Trouble — Tip #1 Protect your Trademarks – social media platforms give them more exposure and make them more valuable, so you have more to gain and more to lose! Clear them before you use them Invest resources to register and maintain them Take prompt action when you see someone else abusing them Trademark usage guidelines should be no different for social media than for any of your other corporate communications, and it’s harder to correct social media misuse Social Media: Intellectual Property

17. 17 Social Media Checkup: SUCCEED the Legal Way Staying Out of Trouble — Tip #2 Respect Copyright a group of rights the creator has in any original, tangible work Social media platforms are very informal, so the temptation is to “borrow” content: Obtain permission from content creator before publishing (or republishing) it on your own blog, Facebook fan page, Twitter page, etc. Always provide attribution when posting content that is not your own original work When you have content custom-created for your social media platforms by third parties make sure you acquire all rights to it, in writing Social Media: Intellectual Property

18. 18 Social Media Checkup: SUCCEED the Legal Way Staying Out of Trouble — Tip #3 Your “traditional” old-school web presence is still highly valuable – don’t let social media platforms make you lax about protecting it Register and renew registrations of domain names Buy domain names that you have a legitimate business purpose to own Monitor domain names for cybersquatting, and take prompt action if you encounter it Monitor social media platforms for use of and references to marks or domain names that could confuse Social Media: Intellectual Property

19. 19 Social Media Checkup: SUCCEED the Legal Way Staying Out of Trouble — Tip #4 Be and hold others accountable for posted content Opinions are fair game, slander and false information are not – be clear about fact vs. opinion, and be truthful about the facts If you encounter false information about your company, products, employees, take prompt legal action (social media is viral, and reaction speed is critical) Be transparent when speaking about products or services (yours and competitors) FTC Endorsement Guidelines demand it, and are now focusing more on social media Transparency about relationships Transparency about compensation Social Media: Ad Regulation Compliance

20. 20 Social Media Checkup: SUCCEED the Legal Way Staying Out of Trouble — Tip #5 Guide Employees: Social Media on Company Time Limit posting/browsing on social media sites to company business matters only on company time Inform employees that any use of the internet on company computers, or on company time, is subject to monitoring Remind employees that their social media postings are subject to monitoring as well Privacy violations are not at issue as long as the company is transparent and discloses its potential practices Social Media: Policy & Guidelines

21. 21 Social Media Checkup: SUCCEED the Legal Way Staying Out of Trouble — Tip #5 Guide Employees: Discussing Company Business Employees must preserve the confidentiality of business information when using social media Employees should be prohibited from posting or discussing any company confidential or sensitive info Company clients or customers should not be identified in social media postings without their permission, and not at all if your client list is secret What about employee “gripers” or employees discussing their jobs in social media platforms? Some recent developments Social Media: Policy & Guidelines

22. 22 Social Media Checkup: SUCCEED the Legal Way Staying Out of Trouble — Tip #5 Guide Employees: Content Guidelines Require permissions and attribution whenever the intellectual property of another is posted as content on your social media platforms Prohibit posting of content derogatory to the company or its public image*** Ensure the company’s trademark and copyright usage policies are clear and communicated Make anyone responsible for procuring third party content responsible for rights acquisition Prohibit the posting of content that is obscene, pornographic, harassing or defamatory – this conduct should receive zero tolerance Social Media: Policy & Guidelines

23. 23 Social Media Checkup: SUCCEED the Legal Way Staying Out of Trouble — Tip #5 Guide Employees: Designate Authors, Editors and Publishers of Content Social media is ultimately a viral, immediate, PR outlet for your company Require that official postings be approved in a workflow process Don’t turn your intern loose! Social Media: Policy & Guidelines

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25. 25 Social Media Checkup: SUCCEED the Legal Way Social Media: Implementing Policies & Guidelines FIRST and FOREMOST: encourage employees to be a part of the social media conversation Employees tend to respond better to permissive rather than prohibitive language when enacting these policies Talking about the policies is encouraged, but putting them in writing is critical for enforcement Be consistent in implementing and enforcing policies

26. 26 Social Media Checkup: SUCCEED the Legal Way Takedown Procedures: Most Platforms have formal takedown procedures for intellectual property infringement or unlawful content – familiarize yourself with them ICANN Domain Name Dispute Resolution Process: For use by trademark owners to resolve domain name disputes Ad Industry Self Regulation: The industry has its own ad claim review processes that can resolve issues short of litigation or regulatory action Alternative Dispute Resolution: Mediation and Arbitration can be a faster and less expensive way to resolve disputes (vs. employees and third parties) Litigation – when all else fails!!! Social Media: Remedies

27. 27 Social Media Checkup: SUCCEED the Legal Way Situation #1: A former sales employee used his LinkedIn account for work. When he left the company, he took his contacts with him. What can the company do? How can policy address this issue? Social Media: Situations - An Example

28. 28 Social Media Checkup: SUCCEED the Legal Way Situation # 2 – An employee posts uncomplimentary comments about her employer on her Facebook page, on her own time. Social Media: Situations - An Example

29. 29 Social Media Checkup: SUCCEED the Legal Way Situation # 3 – An employee endorses an employer’s products on his personal blog, comparing them favorably to a competitor’s products. He does not disclose the employment relationship. Social Media: Situations - An Example

30. 30 Social Media Checkup: SUCCEED the Legal Way What I hope you remember from this Webinar: Prevention is cheaper and more effective than reaction Create a culture where everyone understands why social media, and these policies are important to the company Document all policies in writing Act promptly and consistently when employees fail to observe a policy, or any third party uses social media unlawfully Social Media: Final Observations

31. 31 Social Media Checkup: SUCCEED the Legal Way Questions and Answers Social Media: Q&A

32. 32 Social Media Checkup: SUCCEED the Legal Way Social Media: Introductions Follow Us worldsynergy.com/internet-marketing-blog facebook.com/worldsynergy twitter.com/worldsynergy linkedin.com/company/world-synergy-enterprises Sharon Toerek – Partner, Licata & Toerek slt@completecounsel.com Glenn Smith – President / CEO gsmith@worldsynergy.com Mike Murray – Web Marketing Thought Leader mmurray@worldsynergy.com Thank You

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