Social Media Posts and Employment Law, Including Memes and Emoticons as Protected Concerted Activity, Plus (1hr) Ethics

Michelle Schaap
Frank Xavier Wukovits
Wasim K. Bleibel
Michelle Schaap | Chiesa Shahinian & Giantomasi PC
Frank Xavier Wukovits | Chiesa Shahinian & Giantomasi PC
Wasim K. Bleibel | Locke Lord

On-Demand: May 19, 2022

Social Media Posts and Employment Law, Including Memes and Emoticons as Protected Concerted Activity, Plus (1hr) Ethics
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Program Summary

Session I - What Lawyers Need to Know About Vendor Risk Management, and Ethical Obligations to Clients – Michelle Schaap, and Frank Wukovits

Attorneys and their law firms have ethical obligations to ensure the confidentiality, integrity, and availability of data belonging to their clients. Unfortunately, attorneys and law firms are and will continue to be the target of cybersecurity threats, thereby not only impacting their ethical obligations owed to clients but also their business operations. This presentation addresses ethical obligations owed to clients, cost considerations, threats to lawyers and their law firms, and risk management techniques, particularly with respect to relationships with vendors.

Key topics to be discussed:

  • Ethical Obligations to Clients
  • Cost-Benefit Analysis Considerations for Your Firm
  • Threats to (All) Law Firms
  • Vendor Relationships and Risk Management

Session II - #Trending: From Engagement to Social Media Policy, Emerging Issues and Best-Practices for Operating in the Virtual Environment – Wasim K. Bleibel

With nearly 70% of Americans using social media today, it is clear that this technology has a very “real” presence in today’s marketplace and workplace. Social Media provides businesses with robust and constantly evolving platforms to directly engage with customers and employees.

However, with every new platform and with every software update pushed to our devices, the way users can communicate changes. Depending on the platform, engagement might occur through pictures, videos, text, sound, or some combination thereof. In this environment, users may also choose non-text methods and tools such as memes, gifs, emojis/emoticons, shares, likes, or some combination thereof to express their views. Therefore, as the technology evolves, lawyers must understand how these platform-specific features or non-text methods alter the rules of engagement.

Businesses using these platforms to engage with customers must ensure they and their agents understand the limitations of the particular platforms to comply with FTC or other regulatory agency regulations.

Likewise, employers engaging with employees must approach these platforms with caution to avoid finding themselves on the receiving end of a National Labor Relations Board complaint.

Key topics to be discussed:

  • How companies are using and evolving with social media while protecting themselves from potential liability or regulatory concerns
  • Instances of employment- and advertising-related claims involving memes, gifs, emojis/emoticons, shares, and likes
  • Strategies for crafting an effective (marketing-friendly) Social Media policy

Date / Time: May 19, 2022

  • 10:00 am – 12:10 pm Eastern
  • 9:00 am – 11:10 am Central
  • 8:00 am – 10:10 am Mountain
  • 7:00 am – 9:10 am Pacific

Choose a format:

Live Video Broadcast/Re-Broadcast: Watch Program "live" in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for "live" CLE credit.

On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 5 business days after the original recording date and are viewable for up to one year.

Closed-captioning available

Speakers

Michelle Schaap_myLawCLEMichelle Schaap | Chiesa Shahinian & Giantomasi PC

Michelle Schaap practices cybersecurity and corporate law. Within corporate law, she primarily practices in construction, franchising, and renewable energy – representing a varied client base that ranges from Fortune 500 companies to closely-held businesses.

Cybersecurity

Combining her technology and corporate experience, Michelle has spearheaded and developed CSG’s cybersecurity practice. She regularly advises clients on cybersecurity preparedness, counsels clients when data security incidents arise and trains companies on best practices for security procedures addressing both their business operations and their customers’ concerns. Michelle assesses her clients’ risk management practices and security incident preparedness to develop a proactive response and recovery plan enacted to recover from security breaches. Additionally, Michelle works with clients in contract review, drafting and negotiation in critical areas of privacy and security.
Michelle is a Certified Information Privacy Professional, awarded from the International Association of Privacy Professionals, with a concentration on U.S. private-sector law (CIPP/US).

Construction

Within the construction industry, Michelle negotiates complex agreements – including construction management, architect and design-build agreements. Her extensive experience includes multimillion-dollar biotech research facilities, design-build agreements for amusement rides, and working with various clients to develop form agreements for planned expansion. Complementary to Michelle’s construction work is her experience negotiating solar facility agreements – including power purchase agreements and engineering, procurement and construction agreements.

Technology

Michelle works closely with both technology developers and companies seeking to acquire technologies – whether by custom development, license, subscription or otherwise. Michelle’s experience overseeing these transactions enhances efficiency and ensures that the agreement appropriately protects her clients. She educates her clients on potential risks and liabilities and provides best practices to help manage and mitigate such exposure.

 

Frank Xavier Wukovits_myLawCLEFrank Xavier Wukovits | Chiesa Shahinian & Giantomasi PC

Frank Xavier Wukovits practices with the firm’s Corporate & Securities Group.

Frank handles a range of corporate matters, including mergers & acquisitions, venture capital, debt and equity financings, and general corporate matters including business formation, governance, and compliance.

Frank also dedicates his practice to working with clients to develop solutions to issues at the intersection of law, business, and technology often involving corporate compliance, cybersecurity, data privacy, data analytics, and forensics. This includes identifying and mitigating risks to an organization’s core business functions, leading vulnerability, and risk assessments, investigating and responding to data breaches, protecting organizational assets and systems, and implementing effective security protocols, policies, and procedures.

Prior to joining CSG Law, Frank worked as an associate at a multi-service health law firm. In this role, he litigated complex disputes in federal, state, appellate, and arbitration proceedings ranging from contract disputes to class actions and federal Racketeer Influenced and Corrupt Organizations Act (RICO) proceedings. Additionally, Frank counseled clients on risk management practices pursuant to corporate structure, healthcare, information technology, and privacy & cybersecurity matters. He also structured and reviewed various contracts and agreements between clients and their partners, vendors, and business associates.

While in law school, Frank served as a judicial intern for the Honorable Esther Salas, United States District Court, District of New Jersey, as well as the Honorable Thomas J. Walsh, Superior Court of New Jersey, Law Division, Civil Part. Frank also interned for the Federal Trade Commission, the Data Privacy and Cybersecurity Section of the New Jersey Office of the Attorney General, and a Fortune 500 company ranked as one of the world’s largest IT management services firms.

Frank received his J.D. from Seton Hall University School of Law with a concentration in Data Privacy & Security. He earned his B.A. in Political Science from Colgate University.

 

Wasim K. Bleibel_myLawCLEWasim K. Bleibel | Locke Lord

Wasim Bleibel represents pharmaceutical, biotechnology, beverage, software and energy companies in intellectual property litigation, intellectual property strategy and regulatory matters. He has significant experience representing clients in patent infringement litigation arising under the Hatch-Waxman Act and advising on related regulatory matters before the Food and Drug Administration, such as market exclusivity issues and Citizen Petitions. He also regularly advises clients on compliance with the laws and regulations enforced by the Federal Trade Commission and the Alcohol and Tobacco Tax and Trade Bureau.

Wasim also has significant experience involving patent and trademark litigation and prosecution in other areas, including mechanical engineering, chemical formulations and medical devices.

Wasim also has experience in seed and agricultural biotechnology matters representing clients from seed producers to seed dealers and distributors, seedsmen’s errors and omissions insurers.

Prior to his legal career, Wasim was a senior research scientist at the University of Chicago, where he worked to identify genetic determinants contributing to a patient’s sensitivity to chemotherapeutic agents. His contributions resulted in his laboratory being the first to demonstrate that drug sensitivity to chemotherapy is a heritable genetic trait and that these responses vary between and amongst populations.

Agenda

Session I – What Lawyers Need to Know About Vendor Risk Management, and Ethical Obligations to Clients | 10:00 am – 11:00 am

I. Ethical Obligations to Clients | 10:00 am – 10:15 am
II. Cost-Benefit Analysis Considerations for Your Firm | 10:15 am – 10:30 am
III. Threats to (All) Law Firms | 10:30 am – 10:45 am
IV. Vendor Relationships and Risk Management | 10:45 am – 11:00 am

Break | 11:00am – 11:10 am

Session II – #Trending: From Engagement to Social Media Policy, Emerging Issues and Best-Practices for Operating in the Virtual Environment | 11:10 am – 12:10 pm

V. How companies are using and evolving with social media while protecting themselves from potential liability or regulatory concerns | 11:10 am – 11:30 am
VI. Instances of employment- and advertising-related claims involving memes, gifs, emojis/emoticons, shares, and likes | 11:30 am – 11:50 am
VII. Strategies for crafting an effective (marketing-friendly) Social Media policy | 11:50 am -12:10 pm