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Monthly Archives: January 2015

Social Media in Law School

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Social Media in Law School

I was recently interviewed by Above the Law about the Social Media Law course I teach at the University of Dayton.  In this course, I not only use various social media platforms but also examine some of the legal issues that arise from social media.  The article is entitled Today’s Tech: How an Associate Dean Uses Social Media In His Classroom.

Digital Deputies Strike Again

Digital Deputies Strike Again

Here is another instance of private citizens using social media to aid law enforcement.  In this example, a concerned citizen spotted the following Facebook post and alerted the police who quickly captured the defendant. To read more about this case go here.

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Social Media Attorney Position with Nestle

Nestle

Social Media Attorney Position with Nestle

Currently seeking a Marketing and Social Media Counsel to be located in our Stamford, CT headquarters and will report to the EVP and General Counsel. This position will be responsible for supporting the Legal Department in areas including marketing, innovation, and digital and social media issues, and other general legal support as needed. 

Key responsibilities for this position include but are not limited to:

  • Practically devise and implement effective and pragmatic strategies to manage legal matters related to marketing initiatives for various beverage brands in North America.

  • Provide legal services to NWNA portfolio of brands and their field marketing teams.

  • Drafting, negotiation, and execution of contracts (sponsorship, creative and marketing agency service, joint-promotion, endorsement, music licensing, experiential marketing contracts, web hosting and development) and settlements.

  • Draft and negotiate amendments to distributor agreements regarding territory and direct to retail delivery.

  • Draft website policies (terms and conditions, privacy policies, and terms of use).

  • Review of national and regional promotional programs, contests and sweepstakes.

  • Work with the marketing teams to establish best practices for charitable co-ventures and other charitable donation programs.

  • Review of all social media (twitter, facebook, youtube) activity and policies.

  • Ensure compliance with government and corporate policies and guidelines.

  • Collaborate with marketing, operations, R&D and scientific/regulatory teams in product development and reformulation.

  • Optimize outside counsel services on an as needed basis.

  • Other services as requested by NWNA lawyers.

Key qualifications for this position include:

  • BA/BS Degree or equivalent 

  • JD degree required 

  • 5-7 years of related experience with direct employment law experience; in-house employment experience preferred 

  • CT or NY State Bar Membership (or equivalent, CT house counsel designation) 

  • Experience with social media regulatory and compliance issues including, but not limited to, CAN-SPAM, and NLRB issues

  • Exceptional understanding of negotiation, compliance and regulatory laws. 

  • Requires exceptional analytical and problem solving skills, and understanding of legal documents. 

  • Must be able to work independently and be self-directed 

  • Must also be able to work in team environment to reach goals and objectives. The NWNA Legal Group is a small legal department that relies on team work and a cooperative and positive attitude to succeed.  The successful candidate should be flexible and open to change as NWNA is part of Nestlé, S.A., the world’s largest international food company

  • Key Competencies:

    • Nestle Leadership Framework Four;

    • Proactive Cooperation – work collaboratively with others, demonstrating commitment to achieve group objectives, understanding needs and goals of others and adapting own views and behavior when appropriate. 

    • Initiative – act in proactive way by taking action and not simply thinking about the future; anticipate future opportunities or problems and act upon them well in advance.

    • Results Focus – meet or exceed ambitious performance objectives and quality standards, deliver business results and continually find sustainable improvements to methods and processes. 

    • Practice what you preach – act consistent with and embody Nestle Principles and Values, including “walking the talk”.

The Nestle companies are equal opportunity and affirmative action employers and are looking for diversity in candidates for employment: Minority/Female/Disabled/Protected Veteran

Social Media and Law Firms

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Social Media and Law Firms

Above the Law (ATL) has an article ranking which law firms are most effective at using social media.  According to ATL, the firm that best uses social media is…………………….DLA Piper.  However, this is not to say that DLA Piper is the best at handling the legal issues that arise from social media that title belongs to Morrison & Foerster.

Facebook and Academic GPA

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Facebook and Academic GPA

Professor Reynol Junco has a new paper that examines the relationship between Facebook and student academic performance.

Highlights of Professor Junco’s findings include:

  • Seniors spent less time on Facebook than students at other class ranks

  • Seniors also spent less time multitasking with Facebook than students at other class ranks

  • Regular time spent on Facebook (not multitasking) was negatively related to actual GPA for freshmen but not for students at other class ranks

  • Time spent on Facebook multitasking was negatively related to actual GPA for students at all class ranks except for seniors

DOJ Settles Suit Over Bogus Facebook Page

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DOJ Settles Suit Over Bogus Facebook Page

Here is an update on the lawsuit brought by Sondra Arquiett against the DOJ for creating a bogus Facebook page in her name and likeness and then using that page to interact with suspected drug dealers.  Apparently, the DOJ has decided to settle the suit for $134,000.  As noted previously, Arquiett had argued that DOJ’s actions violated her constitutional rights and the Federal Tort Claims Act.

According to the DOJ, “this settlement demonstrates that the government is mindful of its obligation to ensure the rights of third parties are not infringed upon in the course of its efforts to bring those who commit federal crimes to justice.  It also takes into account emerging personal privacy concerns in the age of social media, and represents a fair resolution of plaintiff’s claims.”  This current position stands in contrast to an earlier statement by the DOJ in which it defended its policy of creating bogus social media pages.

MA High Court Upholds Harassment via Craigslist: Commonwealth v. Johnson

Craigslist

MA High Court Upholds Harassment via Craigslist: Commonwealth v. Johnson

In Commonwealth v. Johnson, the Massachusetts high court upheld the criminal conviction of a husband and wife who, among other things, used fake Craigslist Ads to torment their neighbors (the Lyons family). Apparently, the defendants had a falling out with the Lyons family over a land development issue. As a result, the defendants went on a campaign to make life “miserable” for the Lyons family which included posting fake ads on Craigslist. These ads listed the phone number and address of the Lyons family and claimed that they had items for sale.  As a result, the Lyons family was barraged with visits and phone calls from people looking to buy non-existent items.

At trial, the defendants argued that they could not be convicted under MA’s anti-harassment statute because the ad’s on Craigslist were not directed to the Lyons family but rather to third parties.  The MA Supreme Judicial Court rejected that argument, finding that “[t]he Craigslist postings were the equivalent of the defendants recruiting others to harass the victims and the victims alone. The defendants cannot launder their harassment of the Lyons family through the Internet to escape liability.”