Navigating Social Media Legal Risks: Keeping Your Marketing ...

?Go tell that long tongue liar, go and tell that midnight rider, tell the rambler, the gambler, the back biter. ?Tell ?em that God?s gonna cut ?em down. ?Tell ?em that God?s gonna cut ?em down.? ~ Johnny Cash in?God?s Gonna Cut You Down

This is one of my favorite Johnny Cash songs, one that speaks to a punishment coming no matter where the bad guys go.

Most social media users aren?t bad guys, but disagreement on behavior and expectations can make the Internet feel like the wild wild west, with inadvertent ?ramblers? who tweet the wrong tweet or ?gamblers? who ignore the legal consequences of a promotion.

Moreover traditional legal perspectives are struggling to keep up with nascent social media behavior and technological advances.? I can say for analytics the concerns of Do Not Track has forced many advertisers to consider actions to address current legislation that can easily misconstrue analysis intent.

A legal expert has now captured the best of legal interpretations of social media. ?Navigating Social Media Legal Risks: Safeguarding Your Business, by Robert McHale, ESQ ?(@rmmchalelaw) with Eric Garulay, will keep you from becoming the social media ?gambler.? ?The book examines how social media behavior is shaping the legal world, and what your business should do to protect itself.

McHale, a founding partner of an IT and intellectual property law firm, brings expertise to full bear in clear language. I requested a review copy from the publisher Pearson when I saw a flier at a Barnes and Noble.? The 12 chapters are worth the read for anyone seeking a grounded real-world perspective on social media.

Putting Legal Language on Everyone?s Social Tongue

McHale?s approach in Navigating works because he operated outside of the advertising world, an environment that has been hyper-stimulated with new tools and applications at every turn.? The book offers 12 chapters on varied business uses of social media (all with U.S. interpretation of the law). Each chapter can stand alone for a quick reference and contains easy language that avoids getting too specific while never talking down the reader

The result is an actionable book. ?A good fit for the cautious small business owner willing to jump into social media waters but desiring to know what Internet seas contain potentially rough waves from a legal perspective. You?ll learn the cases and interpretations surrounding policies such as the Digital Millennium Copyright Act and the Children?s Online Privacy Protect Act, with useful notes and insights abound in each chapter.

The key chapters which small business owners will find particularly useful revolve around advertising and employee conduct:

• Social Media Promotion Law: Contests and Sweepstakes

According to McHale, people use the words sweepstakes and contest interchangeably, but there is a difference. McHale explains that difference, and potential result from implying an ongoing promotion.

?Internet sweepstakes must also avoid being classified as illegal online gambling; otherwise, the sponsors risk ?severe criminal and civil penalties under the Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA).?

• Online Endorsements and Testimonials

?Disclosure? is the definitive word in this chapter, as FTC guidelines seek to establish a connection between those paid to endorse and the sponsor of the program.

• The Misuse of Social Media in Pre-Employment Screening

Companies need to ensure that background information is not collected in violation of the FCRA.? McHale provides an example of a case of 6 mobile background screening apps that received a warning from the FTC.

Most notable for those with Facebook concern is how friending can be questionable.

?An employer who circumvents an applicant?s privacy settings on social media sites ? by having a colleague ?friend? the applicant for purposes of obtaining information they otherwise would not have access to, for example ? might be exposing itself to a claim for invasion of privacy.?

• Legal Risk of User Generated Content

?Because social media sites are not exempt from traditional copyright laws, copyright infringement is unquestionably the greatest intellectual property legal issue facing UCG (User Generated Content)?care should be taken to ensure that all necessary rights for publication on social networking have been properly assigned and that any uploaded content is noninfringing of another?s copyright.?

There?s not a deep examination of Do Not Track ? the debates center on technical uses of browsers ? but Chapter 7?s coverage of Social Advertising reminds one of the range of the FTC. ?CAN-SPAM and the specter of personal identifiable information is explained. You?ll have a better discussion with an analytics specialist when examining the impact of tags and analytic solutions.

McHale does an excellent job to enlighten overlooked details without scaring you away from social media. The thoroughness is superb, including notes from cases and a thoughtful do/don?t chart in the chapters.

We learn so much from one another online, but sometimes forget to ask about real world safeguards when it comes to creating online activity such as sweepstakes and establishing internet communities.

After reading Navigating Social Media Legal Risks, you?ll come away with a more pragmatic view of how to work with people on the Web.? It?ll be a terrific view, because you?ll be well equipped to form solid questions that need answers ? answers that make a good idea a great one.

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Source: http://1minutegetaway.com/centroconvencionesquindio/navigating-social-media-legal-risks-keeping-your-marketing-legally-safe/

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Report: Golden's staff broke recruiting rules

CORAL GABLES, Fla. (AP) ? Miami coach Al Golden's second season at the school is beginning much like his first one, with new accusations of rule breaking, the looming threat of serious NCAA sanctions and no apparent end in sight for the long probe into the Hurricanes' compliance practices.

Citing unidentified sources, Yahoo Sports reported Friday that former Miami football employee Sean Allen ? who has been linked to one-time booster and now convicted Ponzi scheme architect Nevin Shapiro through the improper-benefits scandal that broke last year ? assisted members of Golden's coaching staff with recruiting.

If true, that could be a major NCAA violation by the troubled program, despite Golden's repeated insistence that he wants to "get it fixed."

"The inferences and suggestions in the Yahoo Sports story that my conduct was anything but ethical are simply false," Golden said in a statement released Friday night.

Golden also said that he has been a college football coach for more than 18 years and stands by his record of compliance.

"I, like all of us at UM, have cooperated fully with the joint NCAA-UM inquiry and will continue to do so, so that our program and our university can move forward," Golden said.

Earlier Friday, two people with knowledge of the situation told The Associated Press that NCAA investigators visited Miami for several days earlier this month, just the latest round of the lengthy inquiry into the Hurricanes' athletic department. The people spoke to the AP on condition of anonymity because information about the probe has not been publicly released. Shapiro's claims that he provided dozens of Miami athletes and recruits with extra benefits over an eight-year span were published by Yahoo Sports last August.

Golden is scheduled to discuss the coming season at the Atlantic Coast Conference media days in North Carolina early next week.

A significant portion of Shapiro's allegations from last year revolved around Allen, who was an assistant football equipment manager until leaving the program last year. Shapiro said he gave Allen more than $200,000, most allegedly spent on players and recruits, as well as a luxury car. Allen denied those claims to Yahoo Sports in 2011, and has not responded to interview requests from the AP.

Shapiro's attorney, Maria Elena Perez, did not respond to requests for comment Friday. She deposed Allen late last year, shortly before court records showed Miami entered into an agreement with a bankruptcy trustee to return $83,000 it said it received "directly and indirectly" from Shapiro.

Miami has been bracing for additional allegations, and was aware earlier this week that they were coming. In an e-mail obtained by the AP, university President Donna Shalala told trustees Thursday that "someone who had a low level position at one time" was expected to allege that Miami assistant coach and former NFL player Micheal Barrow committed recruiting violations. Shalala said it has already been investigated.

Yahoo Sports reported Friday that Allen tried to aid both Barrow and former assistant Aubrey Hill, who left the Hurricanes less than a month after Golden was hired and is now the wide receivers coach and recruiting coordinator at Florida. It cited Allen's phone records, detailing calls he made to recruits ? often moments before or after calling Barrow or Hill. It also listed other alleged violations, such as Allen giving recruits rides to the Miami football offices or to restaurants for meetings with coaches.

Some current players were listed as having contact with Allen during their recruiting process, including standout defensive lineman Anthony Chickillo, cornerback Thomas Finnie and incoming freshmen Randy "Duke" Johnson and Herb Waters.

Chickillo, according to the new Yahoo Sports report, was taken to a strip club on his recruiting visit, and that the trip for him and former Miami defensive end Olivier Vernon was arranged by Allen. Vernon decided after last season to skip his final season with the Hurricanes and make himself eligible for the NFL draft. Vernon was one of the players sanctioned by the NCAA last season for accepting money from Shapiro.

It's unknown when the joint NCAA-university investigation will end, said the people who spoke to the AP on Friday. When the probe is over, Miami would first receive a notice of allegations, then have the chance to appear before the NCAA's infractions committee.

Typically, when investigators visit a campus, they are either conducting interviews with athletic department personnel, reviewing documents, or both. The NCAA generally does not provide status updates during their investigations, and university officials only have said they are continuing to cooperate with the terms of the inquiry.

Earlier this week, safety Ray-Ray Armstrong was dismissed for undisclosed rules violations. Armstrong was suspended for four games last year after acknowledging he took money from Shapiro and then missed another game while the school checked to see if he broke other rules after he interacted with a person who works with professional athletes.

Miami is also dealing with the sudden departure of former director of football operations Tom Deahn.

So nearly a year after the Hurricanes became wrapped up in an extra-benefits scandal ? and with training camp fast approaching, along with ACC media days starting this weekend ? Miami still has plenty of questions and very few answers.

"Who doesn't want a clean slate? We get a fresh opportunity to do something new," running back Mike James said earlier this summer when asked if the Hurricanes were eager to put the troubles of 2011 behind them. "Hey, I'm happy to see last year go. It's gone. Let it go."

Miami could still face heavy sanctions from the NCAA over the scandal sparked by the allegations Shapiro in last year's Yahoo Sports story. Eight Miami players missed at least one game as part of sanctions the NCAA imposed over Shapiro's claims, and four others had to make small restitution payments.

It was the first blow in an academic year filled with compliance-related issues.

Men's basketball was hit multiple times, first with the suspension of DeQuan Jones after he was linked to Shapiro ? Jones was ultimately allowed to return to the team ? and then suspensions of two other players. Reggie Johnson missed a game after the joint compliance investigation showed members of his family accepted "impermissible travel benefits" from a member of the school's former coaching staff. And guard Durand Scott, the Hurricanes' leading scorer, was suspended just before Miami's ACC tournament game with Florida State after he was also found to have gotten unspecified extra benefits.

Even Miami's nationally ranked women's basketball team had problems, with star guard Riquna Williams suspended for violating team ? not NCAA ? rules just before the Hurricanes went to the NCAA tournament. Without Williams, Miami was ousted in the second round.

But those matters pale to the ongoing inquiry into football, Miami's centerpiece program with five national championships since 1983. And it's long been clear that the uncertainty ? what rules were broken and how tough will the penalties be ? will linger into this coming season, just as it overshadowed every step of the 2011 campaign.

"You've just got to go forward and put the past in the past," Miami quarterback Stephen Morris said earlier this offseason. "Last year was rough for everybody, for every sport here. I'm sure everybody is just excited to move on."

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/347875155d53465d95cec892aeb06419/Article_2012-07-21-Miami-NCAA%20Investigation/id-da25be8eb5e14815874967d4f5bbd21c

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3. Articles: *NEW* Listening Power ?The Jobseeker's Secret Weapon

Listening Power ?The Jobseeker?s Secret Weapon

Former U.S. Secretary of State Dean Rusk once said, ?One of the best ways to persuade others is with your ears ? by listening to them.? If you want to increase your chances of getting the best job, be a better listener According to knowledgeable experts we communicate during 80% of our waking hours. How do we communicate? Communication authority and former Executive Director of the International Listening Association, Dr. Lyman K. Steil has found that 9% of our communicating time involves writing, 16% is used to read, 30% is used speaking to others, and the largest segment, 45%, involves listening. All of us were taught reading, writing, and speaking skills, but how many people are ever given formal training in listening, the communicating skill you use most frequently? According to numerous university studies, the average person?s immediate recall of a spoken message is only 50%, and that falls off to only 25% within forty-eight hours.

Most managers and executives love to talk about their companies and themselves. When you listen, you acquire knowledge, and knowledge gives you power. It allows you to channel your marketing efforts to emphasize how your acquired skills will help a company to solve their problems and contribute to growth and profits. It helps the employer see you as a better ?fit? for their specific organizational culture. As the famous Greek philosopher Zeno of Citium said, ?The reason why we have two ears and only one mouth is that we may listen the more and talk the less.? Following are 15 key rules that will allow you to hone your listening skills.

Try to comprehend what you hear. The contrast between hearing and really listening is dramatic. If you are not effectively listening to the interviewer, it is the same as the salesperson not listening to the needs of their buyer. It will make the difference between success and failure.

Don?t think about what you wish to say next while someone else is talking. Don?t take notes when being interviewed. Don?t shuffle papers or try to work on other projects while you are on the telephone. Focus your attention only on what is being said. When you are writing, you are not listening. Take your notes after your discussion while things are still fresh in your mind.

Keep an open mind and try to be receptive to someone else?s point of view. If you do not understand a statement or question, then ask for clarification. Clarity works wonders.

Whether you are in an in-person interview or participating in a telephone discussion you should have keep a script of points you wish to cover in front of you. That way if you are thrown off track by unexpected questions or comments it is easy to recover.

When in an interview, always maintain eye contact. If you look at the person who is speaking to you, they will feel like you?re really listening, not just hearing them.

Ask questions to show you care. Good questions give you additional information and a better ability to effectively sell yourself.

Try to care more about the other person and their concerns. Be empathetic. You will be a more attentive listener.

Be open-minded. Nod to show the speaker that you understand and are in agreement. If you disagree with something and you really want the job, an interview is not the place to vent opposition. Try not to be judgmental.

Pay attention to the speaker?s body language. Non-verbal cues can be as important as what is being said.

Paraphrase or summarize important points.

Don?t change the subject or fail to acknowledge important statements.

To be an active listener, you must begin with awareness. Do others get angry with you for poor communication? When do you have problems communicating? How were you listening at these times? It takes guts, but don?t be afraid to ask others what you could do to become a better listener. Others will see your faults much better than you do.

According to Michael Purdy, coauthor of Listening in Everyday Life, ?To be a successful listener, you must also believe that listening is power. Because our society places so much emphasis on speaking as the way to win friends and influence people, good listeners can quietly have a powerful and subversive impact. You should also remember that speakers have little power without listeners. Speakers share their wisdom and try to persuade, but listeners make meaning of what is heard ? they make the ultimate decision to act on what they hear.?

To learn more about effective listening: Read books, visit the International Listening Association?s Web site (www.listen.org) for tips, or take a workshop or class on effective listening. Then be sure to practice what you learn.

Finally listen to your heart. Whenever you listen to your heart, you listen to that part of you that is most interested in your well being.

- Lawrence Alter

Author Lawrence Alter is president of L.D.A. Enterprises, Ltd.; a Minneapolis based outplacement and career management firm. He is a recognized expert in career growth techniques. Call (952) 697-3663 or send ideas and questions to: LDA@EmploymentClinic.com

Read more: CrossRoads ? Listening Power ?The Jobseeker?s Secret Weapon http://www.net-temps.com/careerdev/crossroads/index.htm?op=view&id=4799&newslett\ er_id=1097&archive=1#ixzz20ycEsdT6

Source: http://www.ascensioncatholic.net/js-resources/3-articles-new-listening-power-the-jobseekers-secret-weapon-2/

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Facebook Earns 58% More Per Ad Than Last Year, Mobile Ads Clicked 4X More Than Twitter Ads

Facebook yesterday saw a decline in share price on a report of falling user numbers in key markets like the U.S. and Europe, but in a sign of how it is firming up its business, Facebook is also making significantly more money and getting more sticky with its advertising, on the back of newer, more targeted ad formats like Sponsored Stores and mobile ads.?The latest quarterly report from ad agency TBG Digital, out today, indicates that cost per thousand impressions (CPMs) on ads on the social network rose by 58 percent compared to the same period last year, with overall engagement also up by 11 percent, a reversal of the decline seen last quarter. And among Facebook's newer units that target people more directly, Sponsored Stories saw 53 percent more engagement than standard ads, and mobile ads had four times the engagement of Twitter ads, says TBG. Pointedly, TBG says that there is growing acceptance from brands and other advertisers of Facebook's wider business model, blending more traditional digital advertising metrics with new metrics like social engagement to determine the value of paying to be on a platform like Facebook's. "Our clients, upon our advice, are now willing to pay more for quality clicks and fans. Focus is shifting toward measurable engagement and the difference Social Media connections are making to their bottom line," the analysts write.

Source: http://feedproxy.google.com/~r/Techcrunch/~3/iokWur2i-m0/

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CareCrunch Answers ? Answers Archive ? Insurance plan Air Max ...

These guidelines will explain the variations Air Max 95 involving various kinds of insurances, in addition to, supply advice on how to discover desirable prices. You are unable to afford to invest an excessive amount of on insurance, but you can surely spend some time being familiar with insurance policy. A well informed consumer is likely to make significantly better selections.

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Summary of 2012 Foster Care Legislation in MN, part 1 - Stability ...

Significant changes were made to the foster care statutes in the last legislative session. This post will summarize part of the new legislation changes, and more will come in a future post.

Several definitions were amended:

• "Child" was amended to include references to other statutes allowing youth to remain in foster care to age 21.
• "Sibling" was amended to "one of two or more individuals who have one or both parents in common through blood, marriage or adoption, including siblings as defined by the child's tribal code or custom."

Juvenile Court
Amendments were made regarding juvenile court to include its jurisdiction for youth up to age 21 in child welfare and permanency, and to include adoption proceedings in juvenile court.

Emergency protective custody hearing amendments include:

• Reasonable efforts to prevent placement are NOT required if a parent has committed sexual abuse against their child or another child, or is a registered sexual predator.
• The court may order chemical dependency, mental health, medical or parenting assessments/evaluations as the court deems necessary as a means of supporting the development of a reunification plan.
• Out of Home Placement plans must be based on the results of the emergency protective custody hearing, and the agency must make reasonable efforts to engage both parents (including paternal) in case planning.

Out of Home Placement Plan
The term "residential facility" was replaced with "foster care" and includes

• family foster homes (both relative and non-relative),
• group homes,
• emergency shelters,
• residential facilities (not otherwise excluded),
• child care institutions, and
• pre-adoptive homes.

Agencies are now required to document their efforts to keep the child in the same school if a placement change occurs.

Duties of the commissioner and the child-placing agency
Changes to the legislation include:

• Training for prospective foster and adoptive parents now must specifically include preparing parents to care for the needs of foster and adoptive children.
• Home studies must follow the commissioner's designated format.
• The home study must provide the information needed for agencies to determine the family's capacity to meet the needs of a child based on the best interest factors.
• Licensing agencies may provide the updated adoption home study for their foster families who want to adopt.
• Prospective adoptive parents with approved home studies may have their foster care license applied through the same agency.

One of the aspects of the new legislation that struck me in particular was the following section. Chapter 260C was amended to broaden child protection to include juvenile protection. This includes adding juvenile protection proceedings including CHIPS, permanency, TPR, post-permanency reviews and adoption. Juvenile protection proceedings are intended to ensure permanency planning.

Additions to section 260C also include permanency planning for children in foster care that includes both a primary plan for reunification with parents and a secondary plan for an alternative permanent legal home in the case that reunification "cannot be achieved in a timely manner." Reasonable efforts include:

• Locating and assessing both parents,
• Identifying and notifying relatives, and
• Placement with a caregiver that supports concurrent permanency efforts.

The new legislation also includes the expressed prioritization that adoption is the preferred permanency option, whether by a relative or non-relative. The next best option if adoption is not possible or in the child's best interest is a transfer of permanent legal and physical custody to a relative.

**What are your thoughts about adoption being prioritized in statute as the preferred permanency option? What are the political and/or social biases that led to this expressed change in the law? What are the potential outcomes for families?****

Source: http://blog.lib.umn.edu/cascw/adoption/2012/07/summary-of-2012-foster-care-legislation-in-mn.html

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