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	<title>Ethos Business Law &#187; Social Media</title>
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		<title>Importance of Relationships</title>
		<link>http://ethoslaw.com/blog/2010/04/16/importance-of-relationships/</link>
		<comments>http://ethoslaw.com/blog/2010/04/16/importance-of-relationships/#comments</comments>
		<pubDate>Fri, 16 Apr 2010 15:32:30 +0000</pubDate>
		<dc:creator>David Baer</dc:creator>
				<category><![CDATA[Business Planning]]></category>
		<category><![CDATA[Professional]]></category>
		<category><![CDATA[Resources]]></category>
		<category><![CDATA[Business Law]]></category>
		<category><![CDATA[Deal Making]]></category>
		<category><![CDATA[Negotiation]]></category>
		<category><![CDATA[Proactive]]></category>
		<category><![CDATA[Professionals]]></category>
		<category><![CDATA[Relationship Building]]></category>
		<category><![CDATA[Social Media]]></category>

		<guid isPermaLink="false">http://ethoslaw.com/blog/?p=402</guid>
		<description><![CDATA[I recently saw yet another example of why building and maintain relationships is one of the most important skills you must master in order to become a successful business person.  While working with a client through a complex and tricky loan restructure, one of the participating lenders was experiencing significant pressure on its business from [...]]]></description>
			<content:encoded><![CDATA[<p>I recently saw yet another example of why building and maintain relationships is one of the most important skills you must master in order to become a successful business person.  While working with a client through a complex and tricky loan restructure, one of the participating lenders was experiencing significant pressure on its business from bank regulators, unrelated to my client.  This pressure caused that lender to create problems in the loan workout.  However, the lead lender and the borrower had developed a strong relationship over many years and were able to leverage that relationship built on trust and proven execution to allow all participants to come to a workable solution.  Had it not been for the strong relationship between the lead lender and the borrower, the result would have been drastically different.<span id="more-402"></span></p>
<p>Another of my favorite examples of relationship building shows that results can happen quite fast.  A client had an issue with some products being imported into the United States from China.  The issue centered around whether the seller of the products paid a certain license fee.  The licensor had a reputation for being very aggressive in these cases, usually requiring immediate destruction of the allegedly infringing goods.  Fearing a multi-million dollar loss and knowing that the products were in fact licensed, my client immediately traveled to the port.  While in the coffee shop, my client struck up a conversation with the person sitting next to him.  After chatting for a while, they both left and coincidentally walked to the same building.  My client happen to ask if this person knew the customs official he was looking for and my client&#8217;s new friend said absolutely.  Unknowingly, my client had just befriended one of the most senior customs officials at the port.  That short relationship building exercise in the coffee shop allowed my client to quickly work with the right people to clarify the error and get the products released.</p>
<p>Building relationships can happen in various environments and through different formats &#8212; in person, networking, online and in other ways.  Ethos Business Law client, <a href="http://www.loopdesk.com/home.php" target="_blank">LoopDesk</a>, has developed a useful and innovative online business-to-business networking tool that allows companies to build relationships in a way that many other social media sites do not.  If you are interested, you can <a href="http://www.loopdesk.com/kw" target="_blank">click here </a>to learn more about LoopDesk and take advantage of an advertising special they are offering.</p>
<p>Whether you build relationships through personal networking, online networking, social media or through other ways, building relationships is a lifelong process that will build and evolve you brand.  Start building and maintaining relationships today and they will be very valuable in your future business dealings.</p>
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		<title>World Economic Forum Features Ethos Business Law Research</title>
		<link>http://ethoslaw.com/blog/2010/01/29/world-economic-forum-features-ethos-business-law-research/</link>
		<comments>http://ethoslaw.com/blog/2010/01/29/world-economic-forum-features-ethos-business-law-research/#comments</comments>
		<pubDate>Fri, 29 Jan 2010 22:23:59 +0000</pubDate>
		<dc:creator>David Baer</dc:creator>
				<category><![CDATA[Business Planning]]></category>
		<category><![CDATA[Professional]]></category>
		<category><![CDATA[Resources]]></category>
		<category><![CDATA[Government]]></category>
		<category><![CDATA[Professionals]]></category>
		<category><![CDATA[Social Media]]></category>

		<guid isPermaLink="false">http://ethoslaw.com/blog/?p=356</guid>
		<description><![CDATA[Proprietary social media research conducted by Russell Herder and Ethos Business Law is being featured this week at the World Economic Forum’s annual meeting taking place through January 31 in Davos, Switzerland. The 2010 event entitled “Improve the State of the World: Rethink, Redesign and Rebuild” has drawn an invitation-only participant list of 2,500 chief [...]]]></description>
			<content:encoded><![CDATA[<p>Proprietary social media research conducted by Russell Herder and Ethos Business Law is being featured this week at the World Economic Forum’s annual meeting taking place through January 31 in Davos, Switzerland. The 2010 event entitled “Improve the State of the World: Rethink, Redesign and Rebuild” has drawn an invitation-only participant list of 2,500 chief executives from global leading companies, government representatives from the world’s top 25 economies and fast-growing countries, and presidents of the world’s major universities.</p>
<p>Russell Herder and Ethos Business Law conducted a groundbreaking study with C-suite executives regarding corporate use of social media, as well as on the need for internal policies and training. The firms were contacted last month for permission to share key findings at the global event in a session entitled “The Growing Influence of Social Networks,” which featured the CEOs of LinkedIn, MySpace, Ning and Twitter, among others.</p>
<p>“Corporations need to recognize that the social Web has the potential to become a new mode of production and the new “operating system” of a business,” the Forum reported. “But companies face a crisis of leadership. Too many companies are reticent about incorporating social media into either the organization’s internal process or its customer strategy, viewing social networks instead as a threat to employee productivity, or a source of transparency for which some organizations feel unready.”</p>
<p>Russell Herder and Ethos Business Law have participated in numerous speaking engagements since the original research was released a few months ago. A free copy of the research white paper is available at <a href="http://www.russellherder.com/SOCIALMEDIARESEARCH/" target="_blank">here</a>.</p>
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		<title>Regulating Social Media &#8212; Slippery Slope?</title>
		<link>http://ethoslaw.com/blog/2009/10/21/regulating-social-media-slippery-slope/</link>
		<comments>http://ethoslaw.com/blog/2009/10/21/regulating-social-media-slippery-slope/#comments</comments>
		<pubDate>Wed, 21 Oct 2009 13:57:42 +0000</pubDate>
		<dc:creator>David Baer</dc:creator>
				<category><![CDATA[Government]]></category>
		<category><![CDATA[Professional]]></category>
		<category><![CDATA[Resources]]></category>
		<category><![CDATA[Business Law]]></category>
		<category><![CDATA[Social Media]]></category>

		<guid isPermaLink="false">http://ethoslaw.com/blog/?p=295</guid>
		<description><![CDATA[Recently, the New York Times posted a story on the new FTC regulations that as of December 1, 2009, require bloggers who review products to disclose any connection with advertisers, including receipt of free products or payment in any way.  In advancing this rule, the FTC stated that this practice frequently occurs and can be [...]]]></description>
			<content:encoded><![CDATA[<p>Recently, the New York Times posted a <a href="http://www.nytimes.com/2009/10/06/business/media/06adco.html?_r=1" target="_blank">story</a> on the new <a href="http://www.ftc.gov/opa/2009/10/endortest.shtm" target="_blank">FTC regulations</a> that as of December 1, 2009, require bloggers who review products to disclose any connection with advertisers, including receipt of free products or payment in any way.  In advancing this rule, the FTC stated that this practice frequently occurs and can be deceiving to the public.</p>
<p><span id="more-295"></span>According to the New York Times, &#8220;the move suggests that the government is intent on bringing to bear on the Internet the same sorts of regulations that have governed other forms of media, like television or print.&#8221;  The FTC argues that they were &#8220;looking and seeing the significance of social media marketing in the 21st century and thought it was time to explain the principles of transparency and truth in advertising and apply them to social media marketing. Which isn’t to say that we saw a huge problem out there that was imperative to address.&#8221;</p>
<p>The question this raises in my mind is where this leads.  Does this begin an onslaught of regulation into the use of social media.  Does this invite further regulation as to what a person can include on his or her Facebook page.  How do you properly disclose potential issues in a 140 character Tweet?  While this regulation in isolation may not be extremely significant or onerous, it definitely signals a future of regulation in the social media world.</p>
<p>Let me know what you think.</p>
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		<title>Thanks for Attending the Webinar</title>
		<link>http://ethoslaw.com/blog/2009/09/04/242/</link>
		<comments>http://ethoslaw.com/blog/2009/09/04/242/#comments</comments>
		<pubDate>Fri, 04 Sep 2009 10:30:12 +0000</pubDate>
		<dc:creator>David Baer</dc:creator>
				<category><![CDATA[Business Planning]]></category>
		<category><![CDATA[Corporate Governance]]></category>
		<category><![CDATA[Employer/Employee]]></category>
		<category><![CDATA[Professional]]></category>
		<category><![CDATA[Resources]]></category>
		<category><![CDATA[Business Law]]></category>
		<category><![CDATA[Employee]]></category>
		<category><![CDATA[Proactive]]></category>
		<category><![CDATA[Services]]></category>
		<category><![CDATA[Social Media]]></category>
		<category><![CDATA[Top Ten]]></category>

		<guid isPermaLink="false">http://ethoslaw.com/blog/2009/09/04/242/</guid>
		<description><![CDATA[Thanks to everyone who attended our webinar last week! There were a lot of good questions asked, and some of the answers to those questions that we didn&#8217;t have time to address will soon be posted here. For those of you who missed the webinar or those that need a re-fresher, here are the slides [...]]]></description>
			<content:encoded><![CDATA[<p><img style="visibility: hidden; width: 0px; height: 0px;" src="http://counters.gigya.com/wildfire/IMP/CXNID=2000002.0NXC/bHQ9MTI1MjA3MDU5MTUxMCZwdD*xMjUyMDkxNjQxNzQwJnA9MTAxOTEmZD*mbj13b3JkcHJlc3MmZz*xJm89Y2I4MTc5Y2IxMThkNGY1ZGJlNzVkZWM5NTViNDgyMWQmb2Y9MA==.gif" border="0" alt="" width="0" height="0" /></p>
<div id="__ss_1934114" style="width: 425px; text-align: left;">Thanks to everyone who attended our webinar last week! There were a lot of good questions asked, and some of the answers to those questions that we didn&#8217;t have time to address will soon be posted here. For those of you who missed the webinar or those that need a re-fresher, here are the slides from the presentation.</div>
<div style="width: 425px; text-align: left;"><a style="font:14px Helvetica,Arial,Sans-serif;display:block;margin:12px 0 3px 0;text-decoration:underline;" title="Social Media: Embracing the Opportunities, Averting the Risks" href="http://www.slideshare.net/RussellHerderAgency/social-media-embracing-the-opportunities-averting-the-risks">Social Media: Embracing the Opportunities, Averting the Risks</a><object style="margin:0px" classid="clsid:d27cdb6e-ae6d-11cf-96b8-444553540000" width="425" height="355" codebase="http://download.macromedia.com/pub/shockwave/cabs/flash/swflash.cab#version=6,0,40,0"><param name="allowFullScreen" value="true" /><param name="allowScriptAccess" value="always" /><param name="FlashVars" value="gig_lt=1252070591510&amp;gig_pt=1252091641740&amp;gig_g=1&amp;gig_n=wordpress" /><param name="src" value="http://static.slidesharecdn.com/swf/ssplayer2.swf?doc=rhp089socialmediawebinar-final-090831172619-phpapp01&amp;stripped_title=social-media-embracing-the-opportunities-averting-the-risks" /><param name="flashvars" value="gig_lt=1252070591510&amp;gig_pt=1252091641740&amp;gig_g=1&amp;gig_n=wordpress" /><param name="allowfullscreen" value="true" /><embed style="margin:0px" type="application/x-shockwave-flash" width="425" height="355" src="http://static.slidesharecdn.com/swf/ssplayer2.swf?doc=rhp089socialmediawebinar-final-090831172619-phpapp01&amp;stripped_title=social-media-embracing-the-opportunities-averting-the-risks" flashvars="gig_lt=1252070591510&amp;gig_pt=1252091641740&amp;gig_g=1&amp;gig_n=wordpress" allowscriptaccess="always" allowfullscreen="true"></embed></object></div>
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		<title>Join our Webinar on Social Media</title>
		<link>http://ethoslaw.com/blog/2009/08/14/join-our-webinar-on-social-media/</link>
		<comments>http://ethoslaw.com/blog/2009/08/14/join-our-webinar-on-social-media/#comments</comments>
		<pubDate>Fri, 14 Aug 2009 15:44:56 +0000</pubDate>
		<dc:creator>David Baer</dc:creator>
				<category><![CDATA[Business Planning]]></category>
		<category><![CDATA[Corporate Governance]]></category>
		<category><![CDATA[Employer/Employee]]></category>
		<category><![CDATA[Resources]]></category>
		<category><![CDATA[Business Law]]></category>
		<category><![CDATA[Professionals]]></category>
		<category><![CDATA[Social Media]]></category>
		<category><![CDATA[Top Ten]]></category>

		<guid isPermaLink="false">http://ethoslaw.com/blog/?p=218</guid>
		<description><![CDATA[Ethos Business Law, in conjunction with Russell Herder, is excited to offer a webinar: &#8220;Social Media: Embracing the Opportunities, Averting the Risks&#8221; on Tuesday, August 25 from 12 to 1 p.m. CT (register here). Social media is one of the hottest topics today, with the pros and cons of its use being debated in board [...]]]></description>
			<content:encoded><![CDATA[<p>Ethos Business Law, in conjunction with <a href="http://www.russellherder.com/index.aspx" target="_blank">Russell Herder</a>, is excited to offer a webinar: &#8220;Social Media: Embracing the Opportunities, Averting the Risks&#8221; on Tuesday, August 25 from 12 to 1 p.m. CT (register <a href="https://www2.gotomeeting.com/register/963180954" target="_blank">here</a>).</p>
<p>Social media is one of the hottest topics today, with the pros and cons of its use being debated in board rooms nationwide. In light of recent restrictions on employees’ social media use (<a href="http://industry.bnet.com/media/10003575/espn-issues-anti-social-media-guidelines/" target="_blank">ESPN</a>, <a href="http://blogs.wsj.com/digits/2009/08/05/marines-ban-facebook-and-myspace-pentagon-considers-it/" target="_blank">Marine Corps</a>, <a href="http://www.nytimes.com/2009/08/04/sports/football/04twitter.html" target="_blank">NFL</a>), companies are discussing whether, how and to what degree they should restrict or encourage their employees to use social networking tools. This webinar will offer insight into business leaders’ views and perceptions on this issue and will provide actionable recommendations and advice on the development of social media policies and employee training sessions.</p>
<p>Led by Carol Russell, CEO of Russell Herder, and David Baer, president of Ethos Business Law and one of <em>Minnesota Lawyer </em>publication’s Attorneys of the Year, the webinar will also highlight the insights gleaned from the recent national <a href="http://www.russellherder.com/socialmediaresearch" target="_blank">study</a> conducted by the two firms on social media trends in the workplace and policy adoption.</p>
<p>Sign up for this free webinar <a href="https://www2.gotomeeting.com/register/963180954" target="_blank">here</a>.</p>
<p>In advance of the webinar, we invite you to submit questions and suggestions for topics to be covered in the presentation under Comments.</p>
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		<title>Elements of a Social Media Policy</title>
		<link>http://ethoslaw.com/blog/2009/08/12/elements-of-a-social-media-policy/</link>
		<comments>http://ethoslaw.com/blog/2009/08/12/elements-of-a-social-media-policy/#comments</comments>
		<pubDate>Wed, 12 Aug 2009 13:23:35 +0000</pubDate>
		<dc:creator>David Baer</dc:creator>
				<category><![CDATA[Business Planning]]></category>
		<category><![CDATA[Corporate Governance]]></category>
		<category><![CDATA[Employer/Employee]]></category>
		<category><![CDATA[Professional]]></category>
		<category><![CDATA[Business Law]]></category>
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		<guid isPermaLink="false">http://ethoslaw.com/blog/?p=206</guid>
		<description><![CDATA[Should employees be encouraged to use social networking to enhance business outreach? Or will such activity impede productivity, increase reputational risk, and most importantly increase liability issues?  These and other questions are clearly on the minds of today’s management. Recent research conducted with Russell Herder found eight in 10 businesses have concerns about the potential [...]]]></description>
			<content:encoded><![CDATA[<p>Should employees be encouraged to use social networking to enhance business outreach? Or will such activity impede productivity, increase reputational risk, and most importantly increase liability issues?  These and other questions are clearly on the minds of today’s management.</p>
<p><a href="http://www.russellherder.com/SocialMediaResearch/" target="_blank">Recent research</a> conducted with Russell Herder found <strong>eight in 10 businesses</strong> have concerns about the potential liabilities of social media. Yet, only <strong>one-third</strong> have a policy in place to govern social media use, and just <strong><em>10 percent</em></strong> said they have conducted relevant employee training.</p>
<p>Instead of ignoring the need for responsible guidelines, organizations of all sizes should begin to define their strategy regarding social media, and most importantly, the rules for employee engagement. By doing so, management can take advantage of the benefits offered by these new communication channels while mitigating undue risk.  But remember, social media is a far different animal than traditional technology. A company’s current policies on IT matters are usually not sufficient.</p>
<p>All companies are different, thus the rules for creating and implementing a social media policy are not universal. They must take the form, substance, philosophy and culture of the organization to which they apply. However, the following are some important elements to include in a good social media policy:</p>
<p><span id="more-206"></span></p>
<ul>
<li><strong>Overall Philosophy.</strong> An effective social media policy should define the company’s overall philosophy on social media and be consistent with its culture.  For example, does the company have a supportive, open philosophy on the use of social media or a stronger, more limited embrace of this technology?</li>
<li><strong>Honesty and Respect.</strong> One of the most important aspects of a policy is a requirement that employees be open, honest, respectful and transparent in their usage of social media – especially in the business context.</li>
<li><strong>Focus on Job Performance.</strong> There is a lot of discussion on whether social media hurts worker productivity.  For example, is it acceptable for an employee to post on a personal blog during their lunch break?  Or, can an employee tweet on business-related topics during the work day? Remember, the new work force does not live in an eight-to-five world. The focus should be on job <em>performance</em> instead of “company time”.</li>
<li><strong>Avoid Conflicts of Interest.</strong> Conflicts of interests come in many forms – especially when engaging in social media.  The policy should discuss how to identify potential conflicts of interest, what types of conflicts are prohibited and who to talk to when in doubt.</li>
<li><strong>Include a Disclaimer.</strong> Employees should make it clear that their views about work-related matters do not represent the views of their employer or any other person.  The policy should require a disclaimer, such as the following, when there is the possibility for confusion between business and personal identity:  <em>The views expressed on this blog are mine alone and do not represent the views of my employer or any other person.</em></li>
</ul>
<p><span style="text-decoration: underline;"> </span></p>
<p>While this list is not exhaustive, it serves as a starting point to develop a strategy and policy around social media that can serve to protect corporate interests, yet allow employees to further an organization’s overall social media goals.</p>
<p>To download complete research findings and full list of tips for developing social media policies and employee training, find it <a href="http://www.russellherder.com/SocialMediaResearch/" target="_blank">here</a>.</p>
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		<title>Social Media &#8212; What is it and is it Risky?</title>
		<link>http://ethoslaw.com/blog/2009/08/06/social-media-what-is-it-and-is-it-risky/</link>
		<comments>http://ethoslaw.com/blog/2009/08/06/social-media-what-is-it-and-is-it-risky/#comments</comments>
		<pubDate>Thu, 06 Aug 2009 23:52:59 +0000</pubDate>
		<dc:creator>David Baer</dc:creator>
				<category><![CDATA[Corporate Governance]]></category>
		<category><![CDATA[Employer/Employee]]></category>
		<category><![CDATA[Professional]]></category>
		<category><![CDATA[Resources]]></category>
		<category><![CDATA[Business Law]]></category>
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		<category><![CDATA[Legal Self Help]]></category>
		<category><![CDATA[Proactive]]></category>
		<category><![CDATA[Social Media]]></category>

		<guid isPermaLink="false">http://ethoslaw.com/blog/?p=181</guid>
		<description><![CDATA[Social media has become a fixture on communication agendas across the country, fueled by the fact that Americans’ spent 73 percent more time on such networking sites in the past year alone. But according to a new survey, social media use is also generating its share of corporate heartburn. Recent research conducted with Russell Herder [...]]]></description>
			<content:encoded><![CDATA[<p>Social media has become a fixture on communication agendas across the country, fueled by the fact that Americans’ spent 73 percent more time on such networking sites in the past year alone. But according to a new survey, social media use is also generating its share of corporate heartburn.</p>
<p><a href="http://www.russellherder.com/SocialMediaResearch/" target="_blank">Recent research</a> conducted with <a href="http://www.russellherder.com" target="_blank">Russell Herder</a> confirms that confidence exists in social networking as viable communication outreach, but so do worries about the potential liabilities involved. Concerns regarding social media use were acknowledged by some eight in 10 businesses participating in the national study, which was conducted over the month of July.  Fifty-one percent fear social media could be detrimental to employee productivity, while almost half (49%) assert that using social media could damage company reputation.</p>
<p style="text-align: left;">Despite these apprehensions, social networking is being viewed as a key strategy. According to <a href="http://www.russellherder.com/SocialMediaResearch/" target="_blank">survey results</a>, eight in 10 senior management, human resource and marketing executives believe social media can enhance relationships with customers/clients and build brand reputation. Almost 70 percent feel such networking can be valuable in recruitment, as a customer service tool (64%) and used to enhance employee morale (46%). The most popular vehicles being used include:</p>
<p style="text-align: left;"><span id="more-181"></span><img class="size-large wp-image-188 aligncenter" title="Social Media Being Used" src="http://ethoslaw.com/blog/wp-content/uploads/2009/08/Social-Media-Being-Used1-900x695.jpg" alt="Social Media Being Used" width="526" height="406" /></p>
<p>Much of senior management’s direct experience with social media appears to be reactive versus proactive, an interesting fact given the confidence they express in these new mediums. The majority (74%) of executives surveyed said that they, personally, visit social media sites at least weekly to read what customers may be saying about their company, and routinely monitor competitors’ use of social networking. One in three search social media sites to see what their employees are sharing; or check the background of a prospective employee (25%).</p>
<p>Social media has delivered incredible potential to build relationships, increase organizational effectiveness and grow brands, but its use is clearly raising questions in the board room. Should employees be encouraged to use social networking to enhance marketing outreach? Or will such activity impede productivity in an already tight economy? And what about reputational risk?</p>
<p>Rather than bypass the social media opportunity, organizations should embrace it while taking steps to educate their team about internal guidelines and best practices.</p>
<p style="text-align: left;">Yet, remarkably few efforts are being made to mitigate the risks. Only one in three businesses surveyed by Russell Herder and Ethos Business Law have a policy in place to govern social media use, and only <em>10 percent</em> said they have conducted relevant employee training. Why? One of the main reasons, according to respondents, is uncertainty about what to include in such policies.<img class="size-large wp-image-194 aligncenter" title="Companies With Written Policy" src="http://ethoslaw.com/blog/wp-content/uploads/2009/08/Companies-With-Written-Policy1-900x695.jpg" alt="Companies With Written Policy" width="415" height="320" /></p>
<p>So what should be included in a good social media policy? Be sure to read about the key elements in our upcoming blog post.</p>
<p>How does your organization handle social media? What do you do to mitigate the risks? We’d love to hear about your experience, so be sure to leave your comments.</p>
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