1. Facebook MArketing Legal & Regulatory Compliance © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

2. Speaker Bio David M. Adler, Esq. is an attorney, author, educator, entrepreneur and partner of a boutique intellectual property law firm based in Chicago, Illinois. With over fourteen years of legal experience, Mr. Adler’s practice is focused on providing businesses with a competitive advantage by enabling them to leverage their intangible assets and creative content in a way that drives innovation and increases the overall value of the business. Mr. Adler has an extensive private-practice and in-house background counseling and international cadre of clients on corporate and intellectual property law, including corporation, LLC and Limited Partnership creation and finance, contract interpretation, drafting, negotiation and enforcement as well as copyright and trademark registration and enforcement. Mr. Adler also specializes in advising artistic talent and creative professionals in the arts, entertainment, media and sports industries. He received his law degree from the DePaul University College of Law in 1997 where he wrote for the DePaul Arts & Entertainment Law Journal. He received a Bachelor of the Arts in English and a Bachelor of the Arts in History from Indiana University in Bloomington, Indiana. Outside the practice of law, Mr. Adler teaches Music Law at the DePaul College of Law in Chicago, is the immediate past chair of the Arts & Entertainment Law Committee of the Chicago Bar Association and frequently contributes as a “guest expert” columnist for numerous online publications in the areas of ecommerce, intellectual property and small business and periodically speak to industry and trade groups and associations on these topics. © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

3. Introduction Facebook represents a paradigm shift in the way that marketing professionals identify, engage and convert customers. Interactive platform Customers actively engaged in seeking out brands Individually or through trusted networks Platform allows marketers to continue the conversation even when the customer has nominally disengaged (through trusted networks). © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

4. Intro Cont’d Face book gives marketers tremendous power Communicate Engage Support Great Power = Great Risks. Marketing that is thoughtful, respectful and legally compliant is extremely effective. Coca Cola © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

5. Intro Cont’d However, marketing efforts that fail to understand and account for the requirements to maintain legal compliance can be a disaster. Vodaphone © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

6. Intro Cont’d However, marketing efforts that fail to understand and account for the requirements to maintain legal compliance can be a disaster. Vodaphone DhavalValia - switched to Vodafone India for 3G © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

7. Intro Cont’d However, marketing efforts that fail to understand and account for the requirements to maintain legal compliance can be a disaster. Vodaphone DhavalValia - switched to Vodafone India for 3G But: No 3G coverage; Got Vodafone India to admit that it was misleading customers © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

8. Intro Cont’d However, marketing efforts that fail to understand and account for the requirements to maintain legal compliance can be a disaster. Vodaphone DhavalValia - switched to Vodafone India for 3G But: No 3G coverage; Got Vodafone India to admit that it was misleading customers Shared the incident with its community on Facebook © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

9. Intro Cont’d © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

10. Intro Cont’d However, marketing efforts that fail to understand and account for the requirements to maintain legal compliance can be a disaster. Vodaphone DhavalValia - switched to Vodafone India for 3G Got Vodafone India to admit that it was misleading customers Shared the incident with its community on Facebook Got sued for Defamation © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

11. Intro Cont’d However, marketing efforts that fail to understand and account for the requirements to maintain legal compliance can be a disaster. Vodaphone DhavalValia - switched to Vodafone India for 3G Got Vodafone India to admit that it was misleading customers Shared the incident with its community on Facebook Got sued for Defamation Counter-sued for hacking, trapping and monitoring © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

12. Intro Cont’d However, marketing efforts that fail to understand and account for the requirements to maintain legal compliance can be a disaster. Vodaphone DhavalValia - switched to Vodafone India for 3G Got Vodafone India to admit that it was misleading customers Shared the incident with its community on Facebook Got sued for Defamation Counter-sued for hacking, trapping and monitoring Vodaphone got so much negative publicity it had to drop the suit © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

13. The Three C’s of Facebook In the beginning: poke, like and comment. But what happens when you can purchase? Facebook is the platform to identify, locate, contact and transact business with consumers physical and virtual goods and services physical and virtual currency. Facebook marketing risks: "The Three Cs” Content Connecting Commerce © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

14. Content © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

15. Legal Risk: Copyright Copyright protects “original works of creative authorship fixed in a tangible medium of expression” © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

16. Legal Risk: Copyright Copyright protects “original works of creative authorship fixed in a tangible medium of expression” Legal Risk © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

17. Legal Risk: Copyright Copyright protects “original works of creative authorship fixed in a tangible medium of expression” Legal Risk CONTENT whether (a) created by you, (b) by someone else at your request, or (c) by an independent third party IS PROTECTED BY COPYRIGHT © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

18. Legal Risk: Copyright Copyright protects “original works of creative authorship fixed in a tangible medium of expression” Legal Risk CONTENT whether (a) created by you, (b) by someone else at your request, or (c) by an independent third party IS PROTECTED BY COPYRIGHT Using / Repurposing Comments © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

19. Legal Risk: Copyright Copyright protects “original works of creative authorship fixed in a tangible medium of expression” Legal Risk CONTENT whether (a) created by you, (b) by someone else at your request, or (c) by an independent third party IS PROTECTED BY COPYRIGHT Using / Repurposing Comments Embedding Videos/Audio © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

20. Legal Risk: Copyright Copyright protects “original works of creative authorship fixed in a tangible medium of expression” Legal Risk CONTENT whether (a) created by you, (b) by someone else at your request, or (c) by an independent third party IS PROTECTED BY COPYRIGHT Using / Repurposing Comments Embedding Videos/Audio Compliance Tips © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

21. Legal Risk: Copyright Copyright protects “original works of creative authorship fixed in a tangible medium of expression” Legal Risk CONTENT whether (a) created by you, (b) by someone else at your request, or (c) by an independent third party IS PROTECTED BY COPYRIGHT Using / Repurposing Comments Embedding Videos/Audio Compliance Tips Get Permission © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

22. Legal Risk: Copyright Copyright protects “original works of creative authorship fixed in a tangible medium of expression” Legal Risk CONTENT whether (a) created by you, (b) by someone else at your request, or (c) by an independent third party IS PROTECTED BY COPYRIGHT Using / Repurposing Comments Embedding Videos/Audio Compliance Tips Get Permission For Comments / UGC, if you cant get permission: © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

23. Legal Risk: Copyright Copyright protects “original works of creative authorship fixed in a tangible medium of expression” Legal Risk CONTENT whether (a) created by you, (b) by someone else at your request, or (c) by an independent third party IS PROTECTED BY COPYRIGHT Using / Repurposing Comments Embedding Videos/Audio Compliance Tips Get Permission For Comments / UGC, if you cant get permission: Provide Notice + Opt Out © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

24. Legal Risk: Copyright Copyright protects “original works of creative authorship fixed in a tangible medium of expression Legal Risk CONTENT whether (a) created by you, (b) by someone else at your request, or (c) by an independent third party IS PROTECTED BY COPYRIGHT Using / Repurposing Comments Embedding Videos/Audio Compliance Tips Get Permission For Comments / UGC, if you cant get permission: Provide Notice + Opt Out Register the Copyright © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

25. Legal Risk: Copyright Copyright protects “original works of creative authorship fixed in a tangible medium of expression” Legal Risk CONTENT whether (a) created by you, (b) by someone else at your request, or (c) by an independent third party IS PROTECTED BY COPYRIGHT Using / Repurposing Comments Embedding Videos/Audio Compliance Tips Get Permission For Comments / UGC, if you cant get permission: Provide Notice + Opt Out Register the Copyright Get a Legal Review © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

26. Legal Risk: Copyright Unauthorized Use of Content? © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

27. Legal Risk: Copyright Unauthorized Use of Content? DMCA © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

28. Legal Risk: Copyright Unauthorized Use of Content? DMCA Protects ISPs/Web Hosts © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

29. Legal Risk: Copyright Unauthorized Use of Content? DMCA Protects ISPs/Web Hosts Provides Mechanism to enforce copyrights © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

30. Legal Risk: Copyright Unauthorized Use of Content? DMCA Protects ISPs/Web Hosts Provides Mechanism to enforce copyrights Check Terms of Use or other legal docs for identity of the Copyright/DMCA Agent © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

31. Legal Risk: Copyright Unauthorized Use of Content? DMCA Protects ISPs/Web Hosts Provides Mechanism to enforce copyrights Check Terms of Use or other legal docs for identity of the Copyright/DMCA Agent My Content? © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

32. Legal Risk: Copyright Unauthorized Use of Content? DMCA Protects ISPs/Web Hosts Provides Mechanism to enforce copyrights Check Terms of Use or other legal docs for identity of the Copyright/DMCA Agent My Content? Send DMCA Take Down Notice © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

33. Legal Risk: Copyright Unauthorized Use of Content? DMCA Protects ISPs/Web Hosts Provides Mechanism to enforce copyrights Check Terms of Use or other legal docs for identity of the Copyright/DMCA Agent My Content? Send DMCA Take Down Notice An effective DMCA Notice must contain the following information: © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

34. Legal Risk: Copyright Unauthorized Use of Content? DMCA Protects ISPs/Web Hosts Provides Mechanism to enforce copyrights Check Terms of Use or other legal docs for identity of the Copyright/DMCA Agent My Content? Send DMCA Take Down Notice An effective DMCA Notice must contain the following information: Identity of the correspondent, either: (i) the owner or (ii) authorized person Your contact information Identify the copyrighted work that you claim is being infringed Identify the material to be disabled Provide the specific location User the “Magic Words” - you have “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agents, or the law.” State that information is accurate, and sign your name, under penalty of perjury. Send your DMCA Notice to the “designated agent.” © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

35. Legal Risk: Copyright My ISP/Web Host received a Take Down Notice. Now What ? © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

36. Legal Risk: Copyright My ISP/Web Host received a Take Down Notice. Now What ? Send a Counter-Notice © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

37. Legal Risk: Copyright My ISP/Web Host received a Take Down Notice. Now What ? Send a Counter-Notice A Counter-Notice Must contain: © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

38. Legal Risk: Copyright My ISP/Web Host received a Take Down Notice. Now What ? Send a Counter-Notice A Counter-Notice Must contain: Identity of Material that has been disabled Identity of the Party that owns the account where the material can be found Consent to the jurisdiction specified by the applicable service provider and consent to service of process Magic Words: “I, the undersigned, swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.” © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

39. Legal Risk: Trademark What is a Trademark / Servicemark? © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

42. Any word, name, symbol or device that signifies the source of goods or servicesHow are Trademarks Used? © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

44. Any word, name, symbol or device that signifies the source of goods or servicesHow are Trademarks Used? Brand Names © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

46. Any word, name, symbol or device that signifies the source of goods or servicesHow are Trademarks Used? Brand Names Vanity URLs © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

48. Any word, name, symbol or device that signifies the source of goods or servicesHow are Trademarks Used? Brand Names Vanity URLs Groups/Fan Pages © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

50. Any word, name, symbol or device that signifies the source of goods or servicesHow are Trademarks Used? Brand Names Vanity URLs Groups/Fan Pages Comparative Advertising © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

52. Any word, name, symbol or device that signifies the source of goods or servicesHow are Trademarks Used? Brand Names Vanity URLs Groups/Fan Pages Comparative Advertising Legal Risks © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

54. Any word, name, symbol or device that signifies the source of goods or servicesHow are Trademarks Used? Brand Names Vanity URLs Groups/Fan Pages Comparative Advertising Legal Risks Infringement: Confusion, Mistake or Deception © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

56. Any word, name, symbol or device that signifies the source of goods or servicesHow are Trademarks Used? Brand Names Vanity URLs Groups/Fan Pages Comparative Advertising Legal Risks Infringement: Confusion, Mistake or Deception Dilution / Tarnishment © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

58. Any word, name, symbol or device that signifies the source of goods or servicesHow are Trademarks Used? Brand Names Vanity URLs Groups/Fan Pages Comparative Advertising Legal Risks Infringement: Confusion, Mistake or Deception Dilution / Tarnishment Compliance Tips © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

60. Any word, name, symbol or device that signifies the source of goods or servicesHow are Trademarks Used? Brand Names Vanity URLs Groups/Fan Pages Comparative Advertising Legal Risks Infringement: Confusion, Mistake or Deception Dilution / Tarnishment Compliance Tips Knock-out Search © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

62. Any word, name, symbol or device that signifies the source of goods or servicesHow are Trademarks Used? Brand Names Vanity URLs Groups/Fan Pages Comparative Advertising Legal Risks Infringement: Confusion, Mistake or Deception Dilution / Tarnishment Compliance Tips Knock-out Search Trademark Monitoring © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

64. Any word, name, symbol or device that signifies the source of goods or servicesHow are Trademarks Used? Brand Names Vanity URLs Groups/Fan Pages Comparative Advertising Legal Risks Infringement: Confusion, Mistake or Deception Dilution / Tarnishment Compliance Tips Knock-out Search Trademark Monitoring © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

67. Reputation Management© 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

69. Reputation Management

70. Pay attention, respond, be honest, follow-up© 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

72. Reputation Management

73. Pay attention, respond, be honest, follow-up

74. Publish an “Official Response”© 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

76. Reputation Management

77. Pay attention, respond, be honest, follow-up

78. Publish an “Official Response”

79. Use feedback to build strengths and strengthen weaknesses © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

81. Reputation Management

82. Pay attention, respond, be honest, follow-up

83. Publish an “Official Response”

84. Use feedback to build strengths and strengthen weaknesses

85. Fan Pages© 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

87. Reputation Management

88. Pay attention, respond, be honest, follow-up

89. Publish an “Official Response”

90. Use feedback to build strengths and strengthen weaknesses

91. Fan Pages

92. Brand Risks© 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

94. Reputation Management

95. Pay attention, respond, be honest, follow-up

96. Publish an “Official Response”

97. Use feedback to build strengths and strengthen weaknesses

98. Fan Pages

99. Brand Risks

100. Dilution / Tarnishment© 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

102. Reputation Management

103. Pay attention, respond, be honest, follow-up

104. Publish an “Official Response”

105. Use feedback to build strengths and strengthen weaknesses

106. Fan Pages

107. Brand Risks

108. Dilution / Tarnishment

109. Abandonment© 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

111. Reputation Management

112. Pay attention, respond, be honest, follow-up

113. Publish an “Official Response”

114. Use feedback to build strengths and strengthen weaknesses

115. Fan Pages

116. Brand Risks

117. Dilution / Tarnishment

118. Abandonment

119. Branded v. Unbranded Pages© 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

121. Reputation Management

122. Pay attention, respond, be honest, follow-up

123. Publish an “Official Response”

124. Use feedback to build strengths and strengthen weaknesses

125. Fan Pages

126. Brand Risks

127. Dilution / Tarnishment

128. Abandonment

129. Branded v. Unbranded Pages

130. Unbranded Pages: Administrators of healthcare industry Pages not allowed to disable commenting on Wall posts that are shared with fans.© 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

132. Reputation Management

133. Pay attention, respond, be honest, follow-up

134. Publish an “Official Response”

135. Use feedback to build strengths and strengthen weaknesses

136. Fan Pages

137. Brand Risks

138. Dilution / Tarnishment

139. Abandonment

140. Branded v. Unbranded Pages

141. Unbranded Pages: Administrators of healthcare industry Pages not allowed to disable commenting on Wall posts that are shared with fans.

142. Branded Pages: Pages solely dedicated to a prescription medication may have this commenting functionality removed to ensure adherence to current FDA regulations AS LONG AS no solely community based© 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

143. Legal Risk: Connecting Promotions and Incentives are great for enhancing good will, generating brand awareness and improving sales. © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

144. Legal Risk: Connecting Promotions and Incentives are great for enhancing good will, generating brand awareness and improving sales. Promotions have grown more sophisticated and methods more pervasive (social media anyone?) © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

145. Legal Risk: Connecting Promotions and Incentives are great for enhancing good will, generating brand awareness and improving sales. Promotions have grown more sophisticated and methods more pervasive (social media anyone?) Legal Risks: © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

146. Legal Risk: Connecting Promotions and Incentives are great for enhancing good will, generating brand awareness and improving sales. Promotions have grown more sophisticated and methods more pervasive (social media anyone?) Legal Risks: Sweepstakes, gift cards and awards are governed by a collection of inconsistent laws. © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

147. Legal Risk: Connecting Promotions and Incentives are great for enhancing good will, generating brand awareness and improving sales. Promotions have grown more sophisticated and methods more pervasive (social media anyone?) Legal Risks: Sweepstakes, gift cards and awards are governed by a collection of inconsistent laws. Federal CARD Act governs fees and expirations for stored-value cards, gist crepitates, etc. © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

148. Legal Risk: Connecting Promotions and Incentives are great for enhancing good will, generating brand awareness and improving sales. Promotions have grown more sophisticated and methods more pervasive (social media anyone?) Legal Risks: Sweepstakes, gift cards and awards are governed by a collection of inconsistent laws. Federal CARD Act governs fees and expirations for stored-value cards, gist crepitates, etc. Compliance Tip © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

149. Legal Risk: Connecting Promotions and Incentives are great for enhancing good will, generating brand awareness and improving sales. Promotions have grown more sophisticated and methods more pervasive (social media anyone?) Legal Risks: Sweepstakes, gift cards and awards are governed by a collection of inconsistent laws. Federal CARD Act governs fees and expirations for stored-value cards, gist crepitates, etc. Compliance Tip Sweepstakes: Get an experienced lawyer to help you review the prize, eligibility and state law compliance © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

150. Legal Risk: Connecting Promotions and Incentives are great for enhancing good will, generating brand awareness and improving sales. Promotions have grown more sophisticated and methods more pervasive (social media anyone?) Legal Risks: Sweepstakes, gift cards and awards are governed by a collection of inconsistent laws. Federal CARD Act governs fees and expirations for stored-value cards, gist crepitates, etc. Compliance Tip Sweepstakes: Get an experienced lawyer to help you review the prize, eligibility and sate law compliance Gift Cards/Certificates: Get an experienced lawyer to help you review state law compliance © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

151. Legal Risk: Commerce Axiomatic that advances in technology proceed faster than the law. © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

152. Legal Risk: Commerce Axiomatic that advances in technology proceed faster than the law. In addition to various federal statutes, Federal Trade Commission has implemented a number of initiatives to “protect consumers.” © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

153. Legal Risk: Commerce Axiomatic that advances in technology proceed faster than the law. In addition to various federal statutes, Federal Trade Commission has implemented a number of initiatives to “protect consumers.” Important Statues © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

154. Legal Risk: Commerce Axiomatic that advances in technology proceed faster than the law. In addition to various federal statutes, Federal Trade Commission has implemented a number of initiatives to “protect consumers.” Important Statues Federal CAN SPAM Act: sets the rules for commercial email (not just SPAM), establishes requirements for messages, gives recipients the right to have you stop emailing them © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

155. Legal Risk: Commerce Axiomatic that advances in technology proceed faster than the law. In addition to various federal statutes, Federal Trade Commission has implemented a number of initiatives to “protect consumers.” Important Statues Federal CAN SPAM Act: sets the rules for commercial email (not just SPAM), establishes requirements for messages, gives recipients the right to have you stop emailing them FTC “Dot Com” Disclosures: Guidelines involve disclosing information about relationships with advertisers or endorsers that would have a material impact about how a prospective consumer would view the message. © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

156. Legal Risk: Commerce Axiomatic that advances in technology proceed faster than the law. In addition to various federal statutes, Federal Trade Commission has implemented a number of initiatives to “protect consumers.” Important Statues Federal CAN SPAM Act: sets the rules for commercial email (not just SPAM), establishes requirements for messages, gives recipients the right to have you stop emailing them FTC “Dot Com” Disclosures: Guidelines involve disclosing information about relationships with advertisers or endorsers that would have a material impact about how a prospective consumer would view the message. COPPA: governs collection of personally identifying information of children aged 13 years or younger; requires parental consent © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

157. Legal Risk: Commerce Axiomatic that advances in technology proceed faster than the law. In addition to various federal statutes, Federal Trade Commission has implemented a number of initiatives to “protect consumers.” Important Statues Federal CAN SPAM Act: sets the rules for commercial email (not just SPAM), establishes requirements for messages, gives recipients the right to have you stop emailing them FTC “Dot Com” Disclosures: Guidelines involve disclosing information about relationships with advertisers or endorsers that would have a material impact about how a prospective consumer would view the message. COPPA: governs collection of personally identifying information of children aged 13 years or younger; requires parental consent FTC Privacy Report: December 1, 2010 FTC proposed a new framework for protecting consumer privacy, along with more specific and aggressive guidelines for those in the business of sharing consumer information with third parties. © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

158. Summary Due Diligence © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

159. Summary Due Diligence Is your firm aware of the legal and regulatory issues that impact social media? © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

160. Summary Due Diligence Is your firm aware of the legal and regulatory issues that impact social media? Does your firm take a “best practices” approach to engaging customers, employees and business partners? © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

161. Summary Due Diligence Is your firm aware of the legal and regulatory issues that impact social media? Does your firm take a “best practices” approach to engaging customers, employees and business partners? Does your firm have a Social Media Policy that address the firm’s philosophy and Behavioral, Channel, Contextual and Content Expectations? © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

162. Summary Due Diligence Is your firm aware of the legal and regulatory issues that impact social media? Does your firm take a “best practices” approach to engaging customers, employees and business partners? Does your firm have a Social Media Policy that address the firm’s philosophy and Behavioral, Channel, Contextual and Content Expectations? Does your firm monitor social media channels for negative messaging or IP rights violations? © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

163. Summary Due Diligence Is your firm aware of the legal and regulatory issues that impact social media? Does your firm take a “best practices” approach to engaging customers, employees and business partners? Does your firm have a Social Media Policy that address the firm’s philosophy and Behavioral, Channel, Contextual and Content Expectations? Does your firm monitor social media channels for negative messaging or IP rights violations? Does your firm have an action plan for addressing these risks? © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

164. Summary Action Items © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

165. Summary Action Items Review Contracts to ensure issues addressed © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

166. Summary Action Items Review Contracts to ensure issues addressed Draft a Code of Ethics/Code of Conduct © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

167. Summary Action Items Review Contracts to ensure issues addressed Draft a Code of Ethics/Code of Conduct Draft a Social Media Policy! © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler

168. Summary Action Items Review Contracts to ensure issues addressed Draft a Code of Ethics/Code of Conduct Draft a Social Media Policy! Continue to Monitor Social Channels and Brands © 2011 David M. Adler, Esq. Leavens, Strand, Glover & Adler