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.

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