The legal implications for businesses using social media (and for the agencies helping them) and why you should care.
On Wed., May 20th at 11am CDT the Comet Branding Radio Show explored with two smart lawyers the legal implications for businesses employing social media. We also discussed some of the legal issues for marketing/PR agencies who help businesses in this space. Please listen in, you will learn something (we did). Post-show Stream Now Live.
Social media is a great channel to use within a company’s marketing mix. It helps you connect, learn, share, listen and engage in a two-way dialogue that can help your brand in many ways.
However, many of us may be frolicking in the magical fields of social media with rose-colored glasses on, not fully realizing or understanding the true legal implications and liabilities of this space.
Businesses are now becoming more and more concerned with liability, exposure and other legal issues that could arise if they venture into social media. High-level business execs (who may not fully understand the true nature and ecosystem of social media) frankly freak out at the thought of any of their employees, let alone all of their employees, dibble-dabbling in social media. These points were echoed time and time again at the recent Ragan Unconference in Chicago on May 8th.
The most common questions came from concerned individuals who were looking for guidance on legal liability issues or for help developing social media guidelines for their businesses or clients. These are really both questions about the same thing – just from different sides of the discussion:
1. How is my business liable/vulnerable?
2. How can I develop processes/procedures to reduce or eliminate my liability/exposure/vulnerability?
On Wednesday’s Comet Branding Radio Show Al Krueger and Sara Meaney will focus on these legal implications for businesses using social media as well as a marketing/PR agency’s legal implications/liabilities for helping a client use social media.
*If you have specific questions or concerns – please put them in the comment section below and we will discuss them on the show. Or, Tweet them during the show to @alkrueger or @sarameaney.
So, we will talk to two lawyers who have been working more and more in the social media/web 2.0 space with these issues. I am rather surprised I have not received any sort of legal jargon to put into this post that would protect my lawyer friends from liability for our discussion. I guess there’s still time.
The legal implications for businesses using social media (and for the agencies helping them)
Chris Moander — Lawyer, Dahlberg Przybyla Law LLC & co-founder, Likemind Meetup Milwaukee
Daniel Kaplan — Partner, Foley & Lardner
Chris Moander practices small business law and estate planning for Dahlberg Przybyla Law LLC. His passion for advising small businesses comes from a prior professional life, when he worked as a machinist, veterinary technician, and apprentice chef. Chris understands the pains, risks, and rewards of running one’s own company, particularly because he started and ran his own law firm. He entered the corporate world after undergraduate schooling, where he engaged in project accounting and worked closely with C-level executives to advance the company. Chris is always eager to help entrepreneurs and small business owners. He also work to utilize social media and Twitter in his work and personal life. He also serves a counsel for Comet Branding.
Daniel A. Kaplan is a partner with Foley & Lardner LLP, practicing with the Labor & Employment Practice and Automotive Industry Team.
Mr. Kaplan counsels employers in all aspects of the employer-employee relationship, including wage and hour, employment contracts, confidentiality and non-compete agreements, worker’s compensation, unemployment compensation, family and medical leave, and all state, federal and local discrimination laws. Mr. Kaplan has experience litigating before the Wisconsin Equal Rights Division, the Wisconsin state courts and the federal courts.









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