Day 1 - Wednesday, October 26, 2011
7:45 Registration and Continental Breakfast
8:30 Chair’s Opening Remarks
Ryan Garcia
Legal Director
Dell Inc. (Round Rock, TX)
8:45 You Better Disclose That: Ensuring that Your Company is Closely Adhering to the FTC’s Endorsement and Testimonial Guidelines
Leonard Gordon
Director, Northeast Region
Federal Trade Commission (New York, NY)
Jackie Medecki
Senior Counsel Sales and Marketing
Intel Corporation (Santa Clara, CA)
Marc S. Roth
Partner
Manatt, Phelps & Phillips, LLP (New York, NY)
- Ensuring that employees understand the need to disclose their affiliation to your company when blogging, tweeting and posting
- Contracting with celebrity endorsers and determining how specific the endorser will be when tweeting and posting claims
- Developing a high level of credibility in what you post
- preventing employees from posting positive reviews in order to drive up product ratings
- Creating an atmosphere of transparency
- disclosing not only employee affiliation, but third party affiliations as well
- sponsored blogs
- Forcing bloggers to abide by the FTC’s Endorsement and Testimonial guidelines
- Analyzing enforcement actions for disclosure requirement violations and what is triggering FTC investigations
- Minimizing your liability when you are unaware of postings
- Understanding your obligation to monitor what bloggers are doing and what they are saying
10:00 Be Your Own Farmer: A Focus on Zynga, Inc. and the Latest Trends in Mobile Apps and Social Gaming
Reginald Davis
General Counsel
Zynga, Inc. (San Francisco, CA)
10:40 Morning Coffee Break
10:50 Establishing Parameters for Behavioral Advertising and Geo Locating: Balancing Consumer and Government Privacy Concerns With a Company’s Desire to Collect and Use Data
Peter Weingard
Senior Vice President, Marketing
Collective, The Audience Engine (New York, NY)
Nick Johnson
Partner
Osborne Clarke (London, England)
Aaron P. Simpson
Partner
Hunton & Williams LLP (New York, NY)
- Ensuring that your privacy policy is clearly spelled out and that you are living up to the stipulations of the policy
- Reconciling a consumer’s desire for privacy with the sometimes conflicting desire to be active in social media
- knowing when a consumer’s participation on a social media site indicates the giving up of privacy rights
- Notifying customers in a quick manner in the event of a data breach
- Thinking about what information you a really need and why you need
- Understanding key EU developments
- new cookie rules
- the latest proposals for further regulation on usage of smartphone location data
- the “right to be forgotten”
- Rewarding people for “checking in” to your location
- consideration problems?
- what privacy implications are triggered when a consumer “checks in”
- Analyzing second tier privacy concerns when posted pictures and videos include people who did not consent to the posting
- Preparing for forthcoming FTC guidelines and Congressional initiatives
- Regulating online profiling and targeting capabilities
- Determining the length of time that a company can hold on to personal data
12:00 Networking Lunch
1:00 Creating One Voice: Developing a Global Social Media Strategy to Reconcile Cultural and Language Differences
Gerry Gouy
Senior Director, Business Development Digital Media
MTV Networks International (New York, NY)
Nestor J. Portillo
Worldwide Director, Community & Online Support
Microsoft Corporation (Redmond, WA)
Beverly Porway
Deputy General Counsel
Reckitt Benckiser (Parsippany, NJ)
David A. Sorensen
Partner
Hinshaw & Culbertson LLP (Chicago, IL)
- Being cognizant of cultural sensitivities and language barriers
- Understanding that one size does not fit all – reconciling differences in different countries
- Maintaining worldwide uniformity in the message being delivered to consumers
- Respecting the privacy standards and other regulations that existing outside the U.S.
- Employing people who have a grasp of different languages and cultures and can vet your different social media sites
- Thinking about who you want to market to and how to make it apply to local regulations
- Reconciling the different concerns of your legal and compliance departments
- Knowing when it is in your best interest to hire local counsel in a specific country
- Ensuring that the brand vision is not lost when country-specific Facebook pages must be created
2:15 Afternoon Refreshment Break
2:30 Think Before You Tweet: Crisis Communications in an Era of Got to Have Information
Sandy D’Elosua
National Director of Communications
Front Burner Brands (Tampa, FL)
Jenny Dervin
Vice President, Corporate Communications
JetBlue Airways Corporation (Forest Hills, NY)
John Moran
Vice President and Executive Media Training Specialist
Schwartz Communications (Waltham, MA)
Keith Trivitt
Associate Director for Public Relations
Public Relations Society of America (New York, NY)
- Understanding the need for a well-executed crisis communication plan
- Responding to the negative reviews, posts and tweets made by consumers
- why are they angry? How can you fix it?
- knowing when to disengage
- Correcting incorrect information that could be harmful to consumers
- removing videos that may have incorrect product instructions
- Determining how you will deal with employees who are posting negative commentary
- on company sites
- on personal sites
- Releasing official statements when a spokesperson for one of your products has done something illegal, unethical or immoral
- Informing customers in a timely fashion when your system is hacked
- Setting up “digital listening posts” to help learn about the bad things people are saying about you
- Ensuring you have a firm grasp on the issues being raised before responding
- Taking the conversation off-line: one-to-one conversation via email or phone
- Learning from companies who have responded poorly in a crisis situation
4:00 Afternoon Refreshment Break
4:15 Measuring Social Media’s Value to Your Business Processes in Order to Justify the Investment
David Binkowski
Partner
Large Media (New York, NY)
Scott Gulbransen
Director of Social Media and Digital Strategy
Applebee’s International, Inc. (Lenexa, KS)
Dennis Yu
Chief Executive Officer
BlitzLocal (Portland, OR)
- Figuring out how to measure the ROI of social media strategies and campaigns
- Keeping a finger on the pulse of the market to figure out what the market actually needs and then create it
- Seamlessly integrating social media into your business processes in a way that maintains business value
- Consulting with service providers to determine how much money you have made as a result of participation on Facebook or Twitter
- Ascertaining the measurability of how many times a tweet results in a sale
- Creating a buzz around a product or a brand in order to drive traffic to your sites
- Making sure things are justified in the right way, proving to internal teams that what the social media team is doing is valuable
- Utilizing social media to increase soft metrics, such as brand trust
- Building a url with a unique tracking code
- Monitoring share of conversation to determine web mentions of your brand or product
5:30 Conference Adjourns to Day 2
Day 2 – Thursday, October 27, 2011
8:00 Registration and Continental Breakfast
8:30 Chair’s Opening Remarks
8:45 Protecting Your Brand: Policing Your Intellectual Property in an Ever-Evolving Virtual Space
Valerie L. Boccadoro
Intellectual Property Counsel
Toys “R” Us, Inc. (Wayne, NJ)
Paul Mussell
Senior Counsel – Intellectual Property
Wells Fargo & Co. (Minneapolis, MN)
Roger A. Colaizzi
Partner and Chair,
IP Litigation GroupVenable LLP (Washington, DC)
Paul E. Starkman
Partner
Pedersen & Houpt (Chicago, IL)
- Understanding creative commons and what it means for content you post online
- postings co-owned by the site they are on vs. when you own the content outright
- Policing your brand, copyrights and trademarks in this relatively new medium
- Removing imposter Facebook pages and Twitter accounts
- Changing brand management policies to allow for certain use of company intellectual property
- How does the copyright of a television commercial change when you upload it to video sharing sites such as YouTube?
- Figuring out the liability of companies for profiles set up by employees and affiliates
- protecting the company from trademark infringement or derogatory comments made by an employee about a competitor
- Enforcing your intellectual property rights against someone who arguably is not making a commercial use of the person
- Analyzing site specific dispute resolution processes
- Determining best practices for protecting intellectual property
- Registering virtual goods with the Trademark Office
- Updating the Viacom YouTube case and what it means for service providers and its current status for advertisers
10:15 Morning Coffee Break
10: 30 Mitigating the Risks and Unintended Consequences of Business-Related Social Media Use
Ryan Garcia
Legal Director
Dell Inc. (Round Rock, TX)
Cathy Mulrow
Peattie Counsel, Core Products and Marketing
MasterCard Worldwide (Purchase, NY)
Scott A. Faust
Partner
Proskauer Rose LLP (Boston, MA)
Todd R. Wulffson
Of Counsel
Greenberg Traurig, LLP (Irvine, CA)
- Analyzing hidden liability dangers involved with employee use of social media sites - both in and out of the workplace
- avoiding suits for harassment, discrimination, defamation, breach of warranty, trade secrets, copyright infringement, wrongful discharge, Fair Credit Reporting Act and SEC violations
- Developing clear and effective policies governing employee use of social media - both in and out of the workplace
- Identifying potential liability issues and establishing clear parameters for gathering information from social media sources to be used during the employee hiring process
- Implementing effective policies to avoid liability from recommendations and positive comments about employees made on social media sites
- Permissible monitoring of employee use of social media activity - including off duty activity - and being able to take effective and defensible action
- including an analysis of recent National Labor Relation Board rulings protecting some employee activity on social media sites
- Discussing how to be “social” in the right way
- the hidden dangers involved in the simple act of “friending” co-workers
- Establishing clear records of ownership of social media accounts and access before the critical employee leaves the company
- Best Practices for training and consistently enforcing social media policies
- Ensuring that your internal social media policy does not eliminate an employee’s freedom of speech
12:00 Networking Lunch
1:15 Social Media’s Crash Into the Courtroom: Best Practices For Managing Information in Litigation
The Honorable Gary B. Randall
District Judge
Douglas County, Nebraska (Omaha, NE)
(Immediate Past Chair National Council of State Trial Judges)
Shari L.J. Aberle
Partner
Dorsey & Whitney LLP (Minneapolis, MN)
Andrew B. Serwin
Partner
Foley & Lardner LLP (San Diego, CA)
- Understanding how social media is being used in litigation and investigations
- Exploring the admissibility of information posted to social networking sites in criminal trials
- properly authenticating evidence
- Using geo location to show where a suspect was (or was not) at a specified time
- Increasing use by the government of these emerging technologies in trials
- Investigating your opponent’s online presence
- Protecting information that may become discoverable
- Including a social media release in document requests
- Utilizing social media as “damage control” in response to ligitation
- Taco Bell
- Toyota
- Domino’s
- Explaining clearly to jurors that they cannot tweet or post about an ongoing case
- Analyzing Florida’s recent decision to ban attorneys from “friending” judges on Facebook
- how will this impact other states?
2:35 Afternoon Refreshment Break
2:45 Maintaining Followers: Ensuring Your Online Content is Fresh and Exciting In a “Hyper-Real Time” Social Media Environment
Michael Brito
Vice President, Social Media
Edelman Digital (San Francisco, CA)
Matthew Cerrone
Founder and Writer
MetsBlog.com (New York, NY)
Asim Khan
Counsel
Samsung Electronics America, Inc. (Ridgefield Park, NJ)
David Morris
Group Corporate Counsel
TripAdvisor, LLC (Newton, MA)
- Being accountable, responsible, and committed to whatever social media tactic is used
- Creating content that “adds value” to the conversation
- Building relationships with friends, fans and followers
- Monitoring and contributing to the conversation
- Utilizing an editorial calendar to ensure a constant flow of content
- Using Google insights to create strategic and relevant content
- Optimizing social hubs with social media integration
4:15 To Friend or Not to Friend: Ethical Considerations in Social Media
Kraig L. Marini Baker
Partner and Chair, Technology, e-Business & Digital Media Practice
Davis Wright Tremaine LLP (Seattle, WA)
John C. Greiner
Partner
Graydon Head & Ritchey LLP (Cincinnati, OH)
- Defining whose responsibility it is to advocate responsible use of social media outlets
- Establishing boundaries around what is private, and what is decent
- Crafting etiquette guidelines which include not to “harass, threaten, or embarrass,” users on your site
- Developing guidelines for when employees can friend reporters, politicians, or others in positions of power and clearly disclosing those relationships
- Knowing when to err on the side of less is more when making posts
- Addressing inappropriate posts made by employees
- Forwarding the argument that social networking is so ubiquitous that no one would understand a “friending” as something that conveys a special meaning
- Maintaining client confidences when you take to social media sites to post
5:15 Conference Concludes
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