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Online Social Networking: Legal Risks for Businesses

Identifying and Minimizing Liabilities Due to Company Use and Employee Misuse

Recording of a 90-minute CLE webinar/teleconference with Q&A

Conducted on Wednesday, October 7, 2009
Recorded event now available

This seminar will examine the range of potential legal pitfalls for businesses arising from using information obtained from social network sites and their employees' use of such sites. The panel will outline best practices for companies to minimize liability exposure.

Description

Online social network sites, such as Facebook®, Twitter®, and LinkedIn®, and forums like listservs and blogs, provide for an open exchange of ideas among individuals and businesses. Businesses are using them more and more for marketing, to tap into customer feedback, and respond to complaints.

Internet forums also make it too easy for employees to leak a business' proprietary information, intentionally or not. Employers now regularly use social network sites to research job applicants and current employees—and use that information in hiring and retention decisions.

Social networking sites and Internet forums are exciting tools for businesses, but they also trigger serious legal implications for companies in terms of their business use and employees' unauthorized or personal use of such sites.

Listen as our panel of employment, IP and privacy law specialists examines the spectrum of legal risks of using social network sites and online forums. The panel will offer their guidance for businesses and their counsel to understand and utilize these new communication methods while protecting business interests and avoiding liability.

Outline

Introduction
Employment issues
1. Privacy concerns
2. Use of social networking sites for pre-employment screening
3. Harassment issues
4. Disparagement issues
5. Employee blogs
6. Risks to trade secrets/confidential company information
Intellectual property concerns
1. Infringement concerns
2. Defamation concerns
3. Ownership
4. Digital Millenium Copyright Act—potential safe harbors
Best practices
1. Setting policies
2. Monitoring
3. Revision of organization bylaws to reflect position and possible action for conduct related to social networking sites, listservs, blogs, etc.
4. Disclaimers and user agreements
5. Legal/privacy considerations

Benefits

The panel will review these and other key questions:

How can online social networking and Internet forums pose a threat to a business' IP rights—and how can companies manage that risk?
How can employers legally take advantage of Internet sites to learn more about applicants and current employees?
What are the best practices for companies in creating and implementing policies regarding their own and their employees' use of social networking sites and Internet forums?

Faculty

Laura B. Friedel, Partner
Levenfeld Pearlstein, Chicago

She provides business-focused, practical advice across a full spectrum of labor and employment issues, including reductions in force, wage and hour compliance, whistleblower issues, discrimination, employment-related agreements, restrictive covenants and temporary staffing relationships. She works with clients to develop and implement employment policies and practices.

Peter N. Townshend, Partner
McDermott Will & Emery, San Diego

He is a member of the firm’s Corporate Department and has extensive experience representing emerging growth technology companies and venture capital investors in structuring transactions. He handles privacy and other issues relating to clients' social networks.

Peter E. Perkowski, Partner
Winston & Strawn, Los Angeles

He focuses his practice in commercial and business litigation, accounting malpractice, entertainment, securities, and intellectual property litigation. He handles complex and class action litigation. His significant cases range from defending an information technology company against claims of unfair business practices to defending an aerospace company against claims of environmental contamination.

Ordering

Online CLE

Includes audio streaming of full program plus handouts (available 24 hours after live seminar).

CLE: Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*. Pre-approved for self-study credit in: AK, AZ, MO, MT, TX, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI*, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)

Online CLE Audio $148.50
Available 24 hours after the live event