Inside Track: Can You Keep Up With the 'Law' of Social Media?:

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    Can You Keep Up With the 'Law' of Social Media?

    Jina L. Jonen and Judith A. Williams-Killackey

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    Jan. 2, 2013 – The law in the field of technology can be particularly challenging because it is changing so quickly.

    In this video, Jina L. Jonen, Wisconsin Education Association Council (WEAC) – Legal Department, and Judith A. Williams-Killackey, Quarles & Brady LLP, discuss social media from the employer’s and the employee’s perspective.

    As in-house counsel, Jonen is responsible for WEAC’s social media work. Issues can range from employees posting to Facebook from home to using the employer’s equipment improperly to posting to their personal page from the office. There are many disciplinary and bargaining issues in this new area of law.

    Williams-Killackey, who represents employers and employees with social media issues says, “Lawyers need to be aware of social media issues, whether they are working with a union company or not. The National Labor Relations Board can issue charges against nonunion companies if they are making decisions based on the postings by employees.

    Best Advice?

    Williams-Killackey and Jonen agree that staying in touch with your colleagues is the best way is to keep abreast of important rulings in this fast changing area of law.

    Williams-Killackey and Jonen suggest joining the State Bar of Wisconsin Labor and Employment Section and subscribing to the section’s electronic list. “This is the fastest way to connect with colleagues who are facing social media legal issues. When a really big case is decided we let each other know,” says Jonen.

    Jonen and Williams-Killackey also recommend attending conferences like the Health, Labor, and Employment Law Institute. “People talk about social media policies, what they are doing, and how they are addressing issues addressed in the advice memos,” Jonen says.

    Jonen and Williams-Killackey presented “Social Media in the 21st Century: Practice Tips From an Employer and Employee Perspective” at the State Bar of Wisconsin PINNACLE® 2012 Health, Labor, and Employment Law Institute. Watch the webcast program on Jan. 29 from 10 to 11 a.m. (CT).

    Twenty-six sessions from the Litigation, Dispute Resolution & Appellate Practice, Real Estate & Business Law, and Health, Labor & Employment Law institutes, will be available as webcast seminars in January. Institute webcasts are free for institute attendees and are included in the cost of the Ultimate Pass.