1. John P. Campbell jpc@spsk.com
Social Media Liability Issues
John P. Campbell

2. A little about me:
Counsel with Schenck Price Smith & King, LLP in Florham Park, NJ.
SPSK is a 100+ year old law firm with Technology and Social Media Practice Groups.
Complex litigator in New Jersey and New York.
Author of numerous articles and is a frequent speaker at seminars regarding law and technology.
Social media consumer and student.

3. What is Social Media?

4. Examples

5. A little about you: 50+ member organizations listed on njacp.org.
NJACP member organizations are participating in social media.
Members on Facebook, Twitter, LinkedIn, and Instagram to name a few.

8. Legal Liability Issues:
Defamation
Employer’s Liability
Intellectual Property
Privacy Liability
Social Media in Litigation

9. 30,000 Foot View

10. Defamation

11. New Jersey Defamation Elements:
Defamatory statement concerned the plaintiff;
Defamatory statement was false;
Defamatory statement was communicated to someone other than the plaintiff; and
The defendant made the defamatory statement:
with actual knowledge that the statement was false, or
with reckless disregard of the statement’s truth or falsity, or
with negligence in failing to determine the falsity of the statement.

12. Ease & Brevity

13. Communications Decency Act

14. Employers’ Liability

15. Employers’ Liability

16. Employers’ Liability

17. Employers’ Liability

18. Employers’ Liability

19. Employers’ Liability
Employers are not defenseless. Adverse action can be taken when social media posts include:
Complaints and/or threats against customers
Harassing speech against a co-worker
Confidential information
Information regarding an employee engaging in deception or violating company rules.

20. Employers’ Liability

21. Privacy Liability

22. Privacy Liability

23. Privacy Liability

24. Intellectual Property

25. Social Media in Litigation

26. Preserving Evidence

27. Social Media Liability
John P. Campbell