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2013 Circuit Review Symposium  

Be Careful Who You “Like:” Ethical and Legal Implications of Social Media Use in the Workplace and Employment & Labor Law Litigation


Date of Symposium:  February 5, 2013 | 9:00 a.m. - 6:30 p.m.
Symposium Location: Seton Hall Law School

8:00-9:00 a.m. | Check-in and Breakfast
12:00-1:15 p.m. | Lunch at The Newark Club
  Luncheon Keynote Speaker, John Avlon, at The Newark Club

5 NY/NJ CLE Credits
$50 Registration Fee (Complimentary for Seton Hall Law Students and Faculty)

With the advent of social media, a whole slew of new legal challenges arise, in both the public and private spheres and concerning interests of individuals, businesses, and government organizations within online communities. The challenge, more often than not, is defining what exactly “legal” and “ethical” mean in the context of the employer/employee relationship. The Seton Hall Circuit Review 2013 Symposium seeks to address the practical effects raised by the issues involving social media from the perspective of employers and employees (both legal and non-legal), prospective employees, and clients. In short: how can practitioners incorporate the bounty of new technologies afforded by social media into their practice in the most ethical way possible.

Additionally, tensions mount when public considerations, such as First Amendment rights and privacy protections, are juxtaposed with contrary private corporate and financial interests of the employers making use of social networking forums. As the legal profession continues to feel the impact of all facets of social media, it is critical that the legal community be mindful and aware of not only the changes the law itself dictates, but the ethical impact the use of social media may have on how practitioners structure everything from their hiring processes to the actual litigation of a case.

While firms may wish to use social media to solicit clients, prepare cases for trial, and communicate with the public at large, these actions must be accomplished within the confines of what is legal and the bounds of what is ethical. Similarly, an employer may seek access to their employees’ social media passwords as a means of monitoring their internet activities, especially those conducted outside of the work environment. Particularly, more employers are justifying the request of a prospective employee’s social media password, with claims of entitlement and wanting to know “who” exactly they are hiring. An employee, conversely, may view the protection of private information associated with, for example, a Facebook page, as a means of keeping one’s personal life private and separate from the workplace. Moreover, many lawyers see social media sources such as LinkedIn as a method of virtual networking and growing business. Finally, a client may view the information gathered from a social media search as the first step in deciding who they wish to represent them and an essential component of the right to choice of counsel. This symposium will address these questions through the following panels :

Panel Information
PANEL 1
Ethical Implications Arise Even in Only 140 Characters of Less: Social Media Ethics Considerations for Employers, Employees and Legal Professionals
PANEL 2
Building or Defending a Case: Social Media as a Catalyst for Tangible Employment Decisions and the Ethical Conundrum it Presents
PANEL 3
Trending Topics in Employment and Labor Law
PANEL 4
Popular Social Media Based Screening Practices That Could Cost You Your Dream Job