Posted on December 15, 2010 by Angelo Tartaro

Teach Your Children (using social media...sometimes)

 

In a post in this week’s Connecticut Employment Law Blog, Dan Schwartz brings up some compelling points. He notes that while it is legal to “friend” a student or subordinate, it may not be prudent for a teacher or supervisor. 

 

I am in full agreement. But, I would like to point out that there may be some limited instances (“limited” being the key word here) where involving students or subordinates with social media projects might make sense.  For example, a site allowing students to share research results for a class project need not contain highly personal material.  A site set up for school (or company) alumni to share photos of their reunion also need not include highly personal material. The question is: can limits be maintained on the use of the tools so that the constructive purposes are not canceled out by the downside risks? 

 

CNN recently featured a report about an elementary school in Iowa that uses Facebook to keep in touch with parents and let them know what’s going on in the classroom. Facebook statuses are updated daily, often by the children.   A teacher featured in the story remarked that she wanted to show children that “social networking can be a positive tool.”

 

Teachers shouldn't necessarily shun social media if they can identify projects relevant to the educational goals of their students, who spend a great deal of time online. However, choosing the right tools such as district chat sites or blogs may be a safer option.    

 

As we’ve said before, paraphrasing and extending a recent court decision, no reasonable person can have an expectation of privacy regarding material published on the internet.

 

* photo courtesy mediabistro.com

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Posted on December 7, 2010 by Angelo Tartaro

Does Social Media Open New Doors for Attorneys?

There appears to be an emerging need for legal expertise in the areas regarding social media. Last week, the Connecticut Business Litigation Blog posted about this trend. Author N. Kane Bennett states that “as the use of social media continues to grow and involve massive numbers of users, so does the risk of litigation and potential for numerous other legal issues.” Apparently businesses and law firms are recognizing this, too. The CT Business Litigation Blog points out that Citigroup is looking for a new attorney in its ranks, but in what may be a new trend, the Citi job is for Associate General Counsel-Social Media Attorney.

 

Clorox is also looking for a new attorney who focuses on social media. The publication Advertising Age quoted a Clorox spokesman’s e-mail: "As a newer communication channel, the application of existing laws to this medium is evolving. For those reasons and the rapid pace of communication in the Web 2.0 world, we're seeking an attorney to focus on social media as well as talent rights."

 

A quick search on an employment site for attorneys revealed at least four firms searching for legal professionals with social media experience.  Because this is a relatively new legal area, there seems to be a large range of expertise required, indicating the breadth of impact. 

 

In our firm, our interest tends to focus on employment law and the impact on evidentiary rules in litigation. But, many other issues are involved, especially, intellectual property, contracts and privacy issues.

 

All of this is good news for law students, who may be needed in newly created positions, but it also offers a lesson to those of us already in the legal profession: we must keep up with the times. 

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