Excellent Information = 5 Easy Ways to Get Sued Over Online Content & Social Media

My friend Deb McAlister is a professional writer who has been writing about law and technology issues since before most of us had even considered putting the two words together in the same sentence. The following article is one that she wrote on practical social media legal issues — social media law — and while she does reference a certain pretty decent presentation :) the information she provides is far more valuable.

So, go check it out: 5 Easy Ways to Get Sued Over Online Content & Social Media | Marketing Where Technology Intersects Life.

 

Social Media Law Presentation Slides for MENG Webinar

I recently had the pleasure of presenting a nationally broadcast webinar on social media law to MENG (Marketing Executives Networking Group) which is a national network of top-level marketing executives. You can learn more about MENG by visiting its website and you can learn more about my presentation by visiting MENG’s webpage promoting the webinar.

Thanks to the hard work and experience of the MENG team, the technical aspects of the webinar were very smooth and the participants had fabulous questions that made it even better. Presenting to MENG was a great experience that I really appreciate!

The slides from the presentation titled Social Media Law: It is Real, and, Yes, It Really Can Impact Your Business are available HERE.

 


 

About the author

Shawn Tuma is a lawyer who is experienced in advising clients on complex digital information law and intellectual property issues. These issues include things such as trade secrets litigation and misappropriation of trade secrets (under common law and the Texas Uniform Trade Secrets Act), unfair competition, and cyber crimes such as the Computer Fraud and Abuse Act; helping companies with data security issues from assessing their data security strengths and vulnerabilities, helping them implement policies and procedures for better securing their data, preparing data breach incident response plans, leading them through responses to a data breach, and litigating disputes that have arisen from data breaches.

Shawn is a partner at BrittonTuma, a boutique business law firm with offices near the boarder of Frisco and Plano, Texas which is located minutes from the District Courts of Collin County, Texas and the Plano Courthouse of the United States District Court, Eastern District of Texas. He represents clients in lawsuits across the Dallas / Fort Worth Metroplex including state and federal courts in Collin County, Denton County, Dallas County, and Tarrant County, which are all courts in which he regularly handles cases (as well as throughout the nation pro hac vice). Tuma regularly serves as a consultant to other lawyers on issues within his area of expertise and also serves as local counsel for attorneys with cases in the District Courts of Collin County, Texas, the United States District Court, Eastern District of Texas, and the United States District Court, Northern District of Texas.

Do Not Delete Relevant Social Media Accounts or Posts During Lawsuits > Spoliation of Evidence

Social Media Evidence Spoliation

Do not delete that post or account if you are in litigation!

“The law has a right to every man’s evidence.”

The old saying means that when you are in possession of something that could be used as evidence, and you anticipate that you are going to be involved in a lawsuit that may have even a tangential relationship to that evidence, you have a duty to preserve it.

Period.

If you do not preserve that evidence, the court that ultimately hears that lawsuit could punish you with sanctions. In egregious enough cases, the sanctions can be really severe — such as saying “you lose” for that reason alone.

In the age of social media, this rule can present quite a problem and here are 2 succinct examples of things you cannot do if you anticipate you are going to be involved in litigation:

  1. You cannot permanently delete your social media account if it contains potentially relevant evidence. (read this post for case explaining why)
  2. You cannot selectively delete individual posts from your social media account if those posts could potentially be relevant to the lawsuit. (read this post for case explaining why)

 

 


About the author

Shawn Tuma is a lawyer who is experienced in representing and advising clients on digital business risk which includes complex digital information law and intellectual property issues. This includes things such as trade secrets litigation and misappropriation of trade secrets (under common law and the Texas Uniform Trade Secrets Act), unfair competition, and cyber crimes such as the Computer Fraud and Abuse Act; helping companies with data security issues from assessing their data security strengths and vulnerabilities, helping them implement policies and procedures for better securing their data, preparing data breach incident response plans, leading them through responses to a data breach, and litigating disputes that have arisen from data breaches. Shawn is a partner at BrittonTuma, a boutique business law firm with offices near the border of Frisco and Plano, Texas which is located minutes from the District Courts of Collin County, Texas and the Plano Court of the United States District Court, Eastern District of Texas. He represents clients in lawsuits across the Dallas / Fort Worth Metroplex including state and federal courts in Collin County, Denton County, Dallas County, and Tarrant County, which are all courts in which he regularly handles cases (as well as throughout the nation pro hac vice). Tuma regularly serves as a consultant to other lawyers on issues within his area of expertise and also serves as local counsel for attorneys with cases in the District Courts of Collin County, Texas, the United States District Court, Eastern District of Texas, and the United States District Court, Northern District of Texas.

Using Social Media in Your Law Practice – Presentation to Collin County Bar Association #ccba

Using Social Media in Your Law Firm

Using Social Media in Your Law Firm

Today I have the pleasure of speaking to a great group of Collin County lawyers in the Collin County Bar Association’s monthly general meeting about the practical and ethical considerations of using social media in a law practice as well as my own tips that I have learned by using social media in my practice.

Here is are Prezi presentation slides — take a look and let me know your thoughts!

Using Social Media In Your Law Practice

 


 

About the author

Shawn Tuma is a lawyer who is experienced in advising clients on complex digital information law and intellectual property issues. These issues include things such as trade secrets litigation and misappropriation of trade secrets (under common law and the Texas Uniform Trade Secrets Act), unfair competition, and cyber crimes such as the Computer Fraud and Abuse Act; helping companies with data security issues from assessing their data security strengths and vulnerabilities, helping them implement policies and procedures for better securing their data, preparing data breach incident response plans, leading them through responses to a data breach, and litigating disputes that have arisen from data breaches.

Shawn is a partner at BrittonTuma, a boutique business law firm with offices near the boarder of Frisco and Plano, Texas which is located minutes from the District Courts of Collin County, Texas and the Plano Courthouse of the United States District Court, Eastern District of Texas. He represents clients in lawsuits across the Dallas / Fort Worth Metroplex including state and federal courts in Collin County, Denton County, Dallas County, and Tarrant County, which are all courts in which he regularly handles cases (as well as throughout the nation pro hac vice). Tuma regularly serves as a consultant to other lawyers on issues within his area of expertise and also serves as local counsel for attorneys with cases in the District Courts of Collin County, Texas, the United States District Court, Eastern District of Texas, and the United States District Court, Northern District of Texas.

Using Social Media in Your Law Practice – Prezi Presentation

Using Social Media in Your Law Firm

Using Social Media in Your Law Firm

I recently had the pleasure of speaking to a great group of Collin County lawyers in the Collin County Bar Association’s Law Practice Management Section about the practical and ethical considerations of using social media in a law practice as well as my own tips that I have learned by using social media in my practice.

Here is are Prezi presentation slides — take a look and let me know your thoughts!

Using Social Media In Your Law Practice

 


 

About the author

Shawn Tuma is a lawyer who is experienced in advising clients on complex digital information law and intellectual property issues. These issues include things such as trade secrets litigation and misappropriation of trade secrets (under common law and the Texas Uniform Trade Secrets Act), unfair competition, and cyber crimes such as the Computer Fraud and Abuse Act; helping companies with data security issues from assessing their data security strengths and vulnerabilities, helping them implement policies and procedures for better securing their data, preparing data breach incident response plans, leading them through responses to a data breach, and litigating disputes that have arisen from data breaches.

Shawn is a partner at BrittonTuma, a boutique business law firm with offices near the boarder of Frisco and Plano, Texas which is located minutes from the District Courts of Collin County, Texas and the Plano Courthouse of the United States District Court, Eastern District of Texas. He represents clients in lawsuits across the Dallas / Fort Worth Metroplex including state and federal courts in Collin County, Denton County, Dallas County, and Tarrant County, which are all courts in which he regularly handles cases (as well as throughout the nation pro hac vice). Tuma regularly serves as a consultant to other lawyers on issues within his area of expertise and also serves as local counsel for attorneys with cases in the District Courts of Collin County, Texas, the United States District Court, Eastern District of Texas, and the United States District Court, Northern District of Texas.

How do you cite to social media? Here are the MLA and APA standards

The following post has a nicely done chart showing how to cite in the MLA and APA formats for things such as blog posts, YouTube videos, tweets, Facebook posts, and email. How To Cite Social Media: MLA & APA Formats

Listen to Shawn Tuma discuss social media law issues for business on PlayMakers Talk Show via podcast

2013-03-09 21.17.45

UPDATE: here is the podcast

Shawn Tuma is a featured guest on this week’s PlayMaker’s Talk Show on 570 KLIF in Dallas, Texas. Shawn will discuss several social media law issues that are important for businesses and business owners to consider when using social media. The show airs at 4:00 p.m. today – Sunday, March 17, 2013. You can listen LIVE by going to the KLIF website or stream the show on iheartradio.

playmakers-big

A podcast of the episode is available by clicking HERE to play/download or going to the PlayMaker’s Talk Show website.

You can view Shawn’s blog posts on social media law HERE. If you have any questions or would like to talk social media law, computer fraud, data security or privacy, please feel free to contact Shawn at 469.635.1335, stuma@brittontuma.com or @shawnetuma