Social Media Marketing: Caging the Un-Caged Tweeter

It is easy to forget that social media is really a form of advertising, and therefore, subject to federal and state laws and regulations, as well as industry guidelines. In contrast to traditional advertising, which involves the one-way transmittal of content to a target audience, social media is an interactive, usually public conversation between a company and its audience. The interactive, real-time nature of these conversations limits company control of posted content and can present a risk to a company’s reputation and brand. Despite the myriad risks — legal and reputational — social media marketing is both highly effective and, in today’s culture, crucial to most companies’ sales and marketing efforts. Implementing a well-drafted social media policy and a comprehensive monitoring and compliance program can help minimize the risks and promote success.

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This article was originally published in the November 2013 edition of the ACC Docket. Permission for article reprint has been granted.

This article was co-authored by Brian Socolow and Emily Neisloss Roisman.

Brian Socolow is a partner in the New York office of Loeb & Loeb and chair of its Sports Practice Group. Socolow’s practice focuses on helping brands create, protect and maximize the value of their intellectual property assets, including through social media. bsocolow@loeb.com

Emily Neisloss Roisman is vice president and corporate counsel for Feld Entertainment, producer of Ringling Bros. and Barnum & Bailey®, MONSTER JAM®, Supercross, Disney Live! and Disney On Ice. Prior to joining Feld, Roisman was a partner with Schatz & Schatz, Ribicoff & Kotkin in Hartford, CT. She currently serves as chair of ACC’s Sports and Entertainment Committee. eroisman@feldinc.com