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SOCIAL MEDIA AND THE LAW

SOCIAL MEDIA . AND THE L AW. September 13, 2019. 10 32 2. ICLE: State Bar Series Friday, September 13, 2019. SOCIAL . MEDIA AND. THE L AW. Streaming, Beaming and Fakery 6 CLE Hours including | 1 Ethics Hour Copyright 2019 by the Institute of Continuing Legal Education of the State Bar of Georgia. All rights reserved. Printed in the United States of America. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form by any means, electronic, mechanical photocopying, recording, or otherwise, without the prior written permission of ICLE. The Institute of Continuing Legal Education's publications are intended to provide current and accurate information on designated subject matter. They are o ered as an aid to practicing attorneys to help them maintain professional competence with the understanding that the publisher is not rendering legal, accounting, or other professional advice.

SOCIAL MEDIA AND THE LAW Streaming, Beaming and Fakery Friday, September 13, 2019 ICLE: State Bar Series 6 CLE Hours including | 1 Ethics Hour

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1 SOCIAL MEDIA . AND THE L AW. September 13, 2019. 10 32 2. ICLE: State Bar Series Friday, September 13, 2019. SOCIAL . MEDIA AND. THE L AW. Streaming, Beaming and Fakery 6 CLE Hours including | 1 Ethics Hour Copyright 2019 by the Institute of Continuing Legal Education of the State Bar of Georgia. All rights reserved. Printed in the United States of America. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form by any means, electronic, mechanical photocopying, recording, or otherwise, without the prior written permission of ICLE. The Institute of Continuing Legal Education's publications are intended to provide current and accurate information on designated subject matter. They are o ered as an aid to practicing attorneys to help them maintain professional competence with the understanding that the publisher is not rendering legal, accounting, or other professional advice.

2 Attorneys should not rely solely on ICLE publications. Attorneys should research original and current sources of authority and take any other measures that are necessary and appropriate to ensure that they are in compliance with the pertinent rules of professional conduct for their jurisdiction. ICLE gratefully acknowledges the e orts of the faculty in the preparation of this publication and the presentation of information on their designated subjects at the seminar. The opinions expressed by the faculty in their papers and presentations are their own and do not necessarily re ect the opinions of the Institute of Continuing Legal Education, its o cers, or employees. The faculty is not engaged in rendering legal or other professional advice and this publication is not a substitute for the advice of an attorney. This publication was created to serve the continuing legal education needs of practicing attorneys.

3 ICLE does not encourage non-attorneys to use or purchase this publication in lieu of hiring a competent attorney or other professional. If you require legal or other expert advice, you should seek the services of a competent attorney or other professional. Although the publisher and faculty have made every e ort to ensure that the information in this book was correct at press time, the publisher and faculty do not assume and hereby disclaim any liability to any party for any loss, damage, or disruption caused by errors or omissions, whether such errors or omissions result from negligence, accident, or any other cause. The Institute of Continuing Legal Education of the State Bar of Georgia is dedicated to promoting a well organized, properly planned, and adequately supported program of continuing legal education by which members of the legal profession are a orded a means of enhancing their skills and keeping abreast of developments in the law, and engaging in the study and research of the law, so as to ful ll their responsibilities to the legal profession, the courts and the public.

4 Printed By: HOW. CAN WE. HELP YOU? Who are we? How does SOLACE work? What needs are addressed? SOLACE is a program of the State If you or someone in the legal Needs addressed by the SOLACE. Bar of Georgia designed to assist community is in need of help, simply program can range from unique medical those in the legal community who email Those emails conditions requiring specialized referrals have experienced some significant, are then reviewed by the SOLACE to a fire loss requiring help with clothing, potentially life-changing event in their Committee. If the need fits within the food or housing. Some other examples lives. SOLACE is voluntary, simple and parameters of the program, an email of assistance include gift cards, food, straightforward. SOLACE does not with the pertinent information is sent meals, a rare blood type donation, solicit monetary contributions but to members of the State Bar.

5 Assistance with transportation in a accepts assistance or donations in kind. medical crisis or building a wheelchair ramp at a residence. Contact for help. The purpose of the SOLACE program is to allow the legal community to provide help in meaningful and compassionate ways to judges, lawyers, court personnel, paralegals, legal secretaries and their families who experience loss of life or other catastrophic illness, sickness or injury. TESTIMONIALS. In each of the Georgia SOLACE requests made to date, Bar members have graciously stepped up and used their resources to help find solutions for those in need. A solo practitioner's A Louisiana lawyer was in need A Bar member was dealing Working with the South quadriplegic wife needed of a CPAP machine, but didn't with a serious illness and in Carolina Bar, a former rehabilitation, and members have insurance or the means the midst of brain surgery, paralegal's son was flown of the Bar helped navigate to purchase one.

6 Multiple her mortgage company from Cyprus to Atlanta discussions with their members offered to help. scheduled a foreclosure on (and then to South Carolina). insurance company to obtain her home. Several members for cancer treatment. the rehabilitation she required. of the Bar were able to Members of the Georgia and negotiate with the mortgage South Carolina bars worked company and avoided the together to get Gabriel and pending foreclosure. his family home from their long-term mission work. Contact for help. iii FOREWORD. Dear ICLE Seminar Attendee, Thank you for attending this seminar. We are grateful to the Chairperson(s) for organizing this program. Also, we would like to thank the volunteer speakers. Without the untiring dedication and e orts of the Chairperson(s) and speakers, this seminar would not have been possible. Their names are listed on the AGENDA page(s) of this book, and their contributions to the success of this seminar are immeasurable.

7 We would be remiss if we did not extend a special thanks to each of you who are attending this seminar and for whom the program was planned. All of us at ICLE hope your attendance will be bene cial as well as enjoyable We think that these program materials will provide a great initial resource and reference for you. If you discover any substantial errors within this volume, please do not hesitate to inform us. Should you have a di erent legal interpretation/opinion from the speaker's, the appropriate way to address this is by contacting him/her directly. Your comments and suggestions are always welcome. Sincerely, Your ICLE Sta . Je rey R. Davis Executive Director, State Bar of Georgia Michelle E. West Director, ICLE. Rebecca A. Hall Associate Director, ICLE. AGENDA. PRESIDING: Deborah Gonzalez, Program Co-Chair, Law2sm, LLC, Atlanta-New York Paul E.

8 Andrew, Program Co-Chair, Andrew Merritt Reilly & Smith LLP, Lawrenceville 7:45 REGISTRATION. (All attendees must check in upon arrival. A removable jacket or sweater is recommended). 8:15 WELCOME AND PROGRAM OVERVIEW. Deborah Gonzalez 8:30 SETTING THE SOCIAL MEDIA AND LAW CONTEXT: UPDATE 2019. Paul E. Andrew 9:25 PODCASTS ARE BACK. Deborah Gonzalez 10:25 BREAK. 10:35 PRIVACY UNDER ATTACK. J. Scott Anderson, Culhane Meadows PLLC, Decatur 11:35 LUNCHEON (Included in registration fee.). 11:55 BLURRED BOUNDARIES EMPLOYEE DISCIPLINE AND RIGHTS IN THE AGE OF SOCIAL MEDIA . Gregory D. Jay, Chandler Britt & Jay, LLC, Buford 1:00 SOCIAL MEDIA SECURITY UPDATE. Jodi Daniels, Red Clover Advisors, LLC, Atlanta 2:00 BREAK. 2:10 REVIEWS AND ENDORSEMENTS. Paula J. Frederick, State Bar of Georgia, Atlanta 3:10 ADJOURN. TABLE OF CONTENTS. 6. 7. SOCIAL MEDIA AND THE LAW: SETTING THE SOCIAL MEDIA AND LAW CONTEXT: UPDATE 9.

9 PODCASTS ARE PRIVACY UNDER BLURRED BOUNDARIES EMPLOYEE DISCIPLINE AND RIGHTS. IN THE AGE OF SOCIAL SOCIAL MEDIA SECURITY 105. REVIEWS AND 107. APPENDIX: ICLE 156. GEORGIA MANDATORY CLE FACT 157. SE T TING THE SOCIAL . MEDIA AND L AW CONTE X T: UPDATE 2019. << Back to Table of Contents Setting the SOCIAL MEDIA and Law Context: Update 2019 . Paul E. Andrew, Esq. September 13, 2019. DISCLAIMER. This presentation is for educational purposes only and does not constitute legal advice. It is recommended that you seek legal counsel for specific matters. 2. SOCIAL MEDIA A powerful tool How widespread is SOCIAL MEDIA use? Increase in SOCIAL MEDIA Use Daily Use Also Increases SOCIAL Platform Rankings Trends in Adult Usage in - 69% of adults use Facebook - 37% of adults used Instagram - 28% of adults used Pinterest - 27% of adults used LinkedIn - 24% of adults used Snapchat - 22% of adults used Twitter - 20% of adults use WhatsApp Source: Pew Research January 2019.

10 Snap Snapping Out of It . WSJ July 24, 2019 Record User growth New Platforms forming also Snapchat can become yesterday's MySpace 2019 Amazon Spark left Amazon's apps and internet February 2019 - Pop is a new SOCIAL MEDIA app targeting college students (UCLA & Oregon). June 2019 Jordan Peterson announces he is creating Thinkspot to allow users wider latitude in postings Trends in Business Usage Rise in private groups ( FB Groups). Conversational commerce Transparency Stories (Stories access across 4 platforms approaching 1 billion uses per day). Commerce Instagram's shoppable posts, FB Marketplace, Pinterest (70% of China's Gen Zers now buy direct from SOCIAL ). Sources: Sproutsocial, Hootsuite Linked In Use Mobile Use Trending Up For the first time ever, US Consumers will spend more time using their mobile devices than watching TV. Average adult will spend 3:43 on mobile devices in 2019.


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