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Navigating Social Media Legal Risks: Safeguarding Your Business, 1st edition

  • Robert McHale

Published by Que Publishing (May 4th 2012) - Copyright © 2012

1st edition

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Navigating Social Media Legal Risks: Safeguarding Your Business

ISBN-13: 9780133033625

Includes: Unassigned

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  • Unassigned


Table of contents

Introduction 1

How This Book Is Organized

Who Should Use This Book?

Features of This Book

A Quick Note about U.S. Legal System

Legal Disclaimer


1 Social Media Promotion Law: Contests and Sweepstakes

Online Promotions

        Sweepstakes Laws

        Contest Laws

        Lottery Laws

Potential Legal Issues Associated With Public Voting

Keeping Social Media Promotional Campaigns Legal

Online Promotions Outside the United States

Sweepstakes Versus Illegal Online Gambling

Platform-Specific Guidelines






2 Online Endorsements and Testimonials: What Companies and Their Employees Can and Cannot Tweet, Blog, or Say

Fundamental Principles of Endorsements and Testimonials

Endorsement or Not?

Determining Liability

Making Necessary Disclosures

        Hyperlinked Disclosures

        General Rules for Disclosures

        Disclosures in Social Media

Lessons Learned from FTC Investigative and Enforcement Actions


3 The [Mis]Use of Social Media in Pre-Employment Screening

The Fair Credit Reporting Act

Real-World Examples

        FTC v. Social Intelligence Corp

        FTC v. the Marketers of 6 Mobile Background Screening Apps

        Robins v. Spokeo, Inc


4 Monitoring, Regulating, and Disciplining Employees Using Social Media

Employee Monitoring

Employer Regulation

Employee Discipline for Social Media Use

        Ambulance Service Provider

        Chicago Luxury Car Dealer

        Advice Memoranda

 Lawfully Disciplining Employees


5 Social Media in Litigation and E-Discovery: Risks and Rewards

E-Discovery of Social Media

The Stored Communications Act

Authenticating Social Networking Site Evidence at Trial


6 Managing the Legal Risks of User-Generated Content

Copyright in the Age of Social Media


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