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Programs in Social Media Law

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Ethics for Intellectual Property Attorneys – 2021 Update (04/07/2021)

Program Number: 3196 Presenter: Anthony F. Lo Cicero, Esq.

Like all attorneys, IP practitioners must follow the rules of professional conduct that apply to the states in which they practice. However, IP attorneys can face special issues as they relate to subject matter conflicts, protection of confidential information, and the like. Anthony Lo Cicero, Managing Partner of Amster, Rothstein & Ebenstein, LLP will discuss the latest developments in conflicts, diligence, attorney advertising and social media, and other important topics.

$95.00Audio Tape Add to Cart

Employer Strategies for When Off-duty Conduct Impacts the Workplace (03/09/2021)

Program Number: 3155 Presenter: Asima T. Ahmad, Esq., William J. Anthony, Esq., Brooke T. Iley, Esq.

Now more than ever, employees are engaging in off-duty conduct that impacts the workplace. From attendance at political rallies and social movements, posting on social media, and other outside conduct, employees’ activities are often on display for all to see. Whether the conduct paints the employer in a bad light, makes co-workers or customers uncomfortable, causes COVID-19 exposures or simply causes the employer to question whether to continue the individual’s employment, employers must keep in mind the myriad of laws, policies, business considerations and media attention that come into play when addressing outside activities. This program will give employers a roadmap for analyzing the legal, business and media risks associated with off-duty conduct by employees.

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Hot Topics in Right of Publicity Disputes (03/09/2021)

Program Number: 3140 Presenter: Stan Soocher, Esq.

The parameter of rights in an individual’s persona—name, voice, likeness and other elements of an individual’s identity—is often a key consideration for creators of media content and their counsel. This presentation examines recurring legal issues and recent case law developments in disputes over such rights of publicity. Topics to be covered include: whether a right of publicity has been effectively assigned; how statute of limitation concerns can impact right of publicity litigation; which state’s or country’s right of publicity law applies; the interplay of publicity rights with federal Lanham Act claims individuals may pursue over unauthorized uses of their personas; and whether a defendant has raised a viable “transformative use” argument that will defeat an unauthorized use claim.

$95.00Audio Tape Add to Cart

To Embed, or Not to Embed, that is the Question (01/22/2021)

Program Number: 3114 Presenter: Michael D. Hobbs, Jr. Esq., Shaleen J. Patel, Esq.

A discussion on an increasingly tumultuous area of on-line copyright law. The discussion focuses on a trend where courts are increasingly allowing cases to proceed on the merits in instances of media publishers embedding, a practice of displaying content from one platform into another without actually hosting the underlying content. For years, such a practice seemed safe under the Ninth Circuit’s “server test.” However, districts in other circuits are rejecting that the server test is settled law and questioning the legality of embedding. As social media makes embedding content a more available feature, this broadcast discusses the risks of continuing to embed content without first acquiring permission and possible alternatives.

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Crisis Communications in the Modern Legal Landscape (03/29/2021)

Program Number: 31101 Presenter: Mark Sangster

In Crisis Communication in the Modern Legal Landscape, Mark Sangster, author and cybersecurity advocate, will discuss multiple scenarios from the headlines, how to communicate to employees, customers, and media with effective and direct messaging, how to build a strong communications plan and prepare firm representatives who must face the lights of the media.

$95.00Audio Tape Add to Cart

An Ethical Roadmap for Developing and Refining High-end Technology Competence (02/03/2020)

Program Number: 3046 Presenter: Kenneth Jones, Marina McGuire, Esq.

The American Bar Association first amended the comments to Model Rule 1.1 relating to technological change in 2012. This amendment imposed an ethical duty on lawyers to stay abreast of changes in technology. During the past eight years, almost forty state bar associations have updated the comments to their ethical rules to require lawyers to keep informed about technology changes. *Additionally, cloud computing is now increasingly prevalent in legal operations. To comply with Model Rule 1.6, which calls for lawyers to act competently to safeguard information relating to the representation of a client against unauthorized access, lawyers may wish to develop a basic understanding of how technology and cloud computing works and the associated risks to ensure data is securely stored with safeguards in place to protect that information. *To assist in compliance with ABA Model Rule 1.1 and 1.6, strong technology teams must be developed and maintained. This session focuses on some best practices

$95.00Online Audio Add to Cart

Botnet Extortion and Disparagement and Section 230: Do Businesses Have Any Recourse? (01/28/2020)

Program Number: 3037 Presenter: Bradford P. Meisel, Esq., Diane D. Reynolds, Esq.

Cybercriminals have presented targeted businesses with a frightening choice: pay up or have Botnets post thousands of negative reviews in a matter of minutes. Botnets, which are groups of computers controlled by a single person, have also famously flooded social media platforms with disparaging posts about politicians and political parties in the days before recent elections in the United States and other industrialized countries. Businesses, politicians, and other victims of Botnet-mediated disparagement seeking damages face a daunting obstacle in the form of Section 230, the controversial federal statute that immunizes computer service providers from liability for content provided by another person or entity. This program will examine the legal arguments regarding whether or not Botnet-mediated disparagement is subject to Section 230-a question which courts have yet to address. This program will also examine the intensifying debate in Congress regarding both the Botnet epidemic and Section 230 and how it could impact litigation

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10 Shocking Tips for Attorneys to Stay Out of Trouble on Social Media (02/13/2020)

Program Number: 3036 Presenter: Blake Brockway, James Sherer, Esq., Brittany Yantis, Esq.

10 "Shocking" Tips for Staying Out of Trouble on Social Media is a must-hear presentation on the ethical issues that can arise when attorneys use or provide legal advice on or through social media, based on the popular, After Reading These 10 Shocking Tips for Staying Out of Trouble on Social Media, You’ll Never Post the Same Way Again article published in the Intellectual Property & Technology Law Journal. The presenters will discuss how social media platforms are designed to cap¬ture attention, elicit rapid fire responses (so-called “engagement”), and disseminate those responses quickly and permanently to a worldwide audience. But while these platforms convey several benefits for the practice of law, they also raise certain ethical consider¬ations for attorneys. The presenters will cover the audience reach, ease of use, and low bar to entry associated with social media sites like – but not limited to – LinkedIn, Twitter, and Facebook. Then, the

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Synthetic Reality & Deep Fakes: What's Next and What it Means for the Future of Work (10/13/2020)

Program Number: 30241 Presenter: Michael Chinchester, Jr., Esq., Aaron Crews, Esq.

The presenters propose a tangible perspective on AI, one where the proliferation of Deep Fakes and the ability to leverage this technology may challenge standards for information dissemination, communication and our most basic assumptions of reality—where once seeing was believing. These inauthentic intrusions not only impact our society generally, and our political system and growing divisions more specifically, but also spill into our workplaces in a way that forces employers to grapple with the often-inevitable effects. Employers will need to adjust to this new reality and understand the means of minimizing the potentially negative impact, including the utilization of data analytics to protect companies and their workforces from exploitative uses of false information.

$95.00Audio CD Add to Cart

Alexa, Can You Be Used Against Me in Court? (11/13/2019)

Program Number: 29198 Presenter: Brian Schrader, Esq., Barry Schwartz, Esq.

As artificially intelligent personal digital assistants like Alexa, Siri, Cortana, Google and more start to invade the workplace, what legal and regulatory risks do such devices bring along with them? Do companies need to worry about their employees using their personal digital assistants in the office? What unintended or unexpected data privacy, security and regulatory issues might those devices trigger? And most of all, how exactly might these devices end up starring in your next litigation? Come hear two of BIA’s most senior experts, each with over two decades of experience in the legal technology, data privacy and eDiscovery fields, talk about the rise of these and other such devices in corporate America, the ramifications they bring with them, and how companies should plan for the inevitable appearance of digital assistants in the workplace.

$95.00Online Audio Add to Cart

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