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Social Media

Kaye Scholer’s Social Media practice is part of the firm’s Internet, Information Technology, Privacy and Data Protection, and Outsourcing practices, which have been consistently recognized for excellence by legal researchers and surveys of clients and peer attorneys. For example, Kaye Scholer was named as Internet & E-Commerce Law Firm of the Year by The Lawyers World Law Awards 2011; the firm’s Information Technology Law practice was ranked in the First Tier in New York in the “2010 Best Law Firms Survey” by U.S. News and World Report and Best Lawyers (most recent year available); and in each year from 2003 to the present, Chambers USA and Chambers Global have awarded Kaye Scholer a high ranking in the category for law firms, and the firm’s practice Chair, William A. Tanenbaum received a high ranking in the category for individual attorneys in IT and Outsourcing. The firm was also named as a member of the Legal 500 in Media, Technology and Telecoms — Outsourcing Category.

What Clients are Doing with Social Media and Their Business Objectives

  • Marketing departments’ use of Social Networks (e.g., Facebook, LinkedIn and Orkut), Media Repositories (e.g., YouTube, Flickr and Vimeo), including client-sponsored channels, blogs, Twitter feeds and text messaging, to promote products and services

  • Use of product give-aways, contests and sweepstakes, and attendant risks

  • Research

  • Customer profile assessments

  • Data collection, aggregation and use

  • Location-aware technologies and business practices

  • Customer service through Social Media

  • Company posting of responses to inaccurate information

  • Celebrity endorsements

Social Media in the Workplace

  • Company communications

  • Company research tools

  • Addressing the risks of employee-generated content, especially in regulated industries

  • Employee use polices, especially in connection with litigation and regulatory enforcement

  • Assisting with employee training

Privacy, Security and Identify Theft

  • Evolving privacy practices

  • Impact of FTC developments and recommendations of Department of Commerce Internet Policy Task Force

  • Impact of emerging tracking technologies

  • Best practices, and next practices, in privacy and data collection

  • Data sharing

Advising on Data Practices

  • Service data: provided by customers who identify themselves in order to use Social Media sites

  • Disclosed data: provided by customers about themselves

  • Entrusted data: data posted by customers on pages of other customers or companies

  • Incidental data: data others provided about a customer

  • Behavior data: customer habits, interests and “activity monitoring” information

  • Derived data: heuristics that can be inferred from data made available by customers

Reviewing and Drafting Social Media and Online Agreements and Social Networking Policies

  • Agreements with Social Media and technology service providers

  • Terms of use and acceptable use provisions

  • Disclaimers

  • Using site terms to support enforcement

Protecting Brands and Trademarks

  • Developing policies and business practices for using Social Media as a brand promotion vehicle

  • Virtual and viral advertising

  • Customers as advertisers

  • Protecting trademarks

  • Monitoring trademark misuse by third parties

  • Green advertising issues

Protecting IP

  • Effective use of the copyright, patent and trademark regimes

  • Social Media agreements

  • Disclosure and licensing IP on Social Media sites

  • Addressing collaborative creations

Addressing Limits of Third Party Technology Platforms

  • Functionality

  • Access control

  • Backup and Disaster Recovery

  • Addressing problematic terms in technology

  • Ad serving and potential liability

In the Market