Larkin Hoffman Attorney Meeting

June 30 , 2009

Michael FlemingTracy Domish

• High-level view of the territory• Suggested uses• Getting started• Firm policy

Leveraging collective intelligence- From Tim O’Reilly, CEO of O’Reilly Media

“Web 2.0" refers to a perceived second generation of web development and design, that facilitates communication, secure information sharing, interoperability, and collaboration on the World Wide Web. Web 2.0 concepts have led to the development and evolution of web-based communities, hosted services, and applications; such as social-networking sites, video-sharing sites, wikis, and blogs.

- From Wikipedia, the free encyclopedia

Social Networking Predominant social networks are Facebook, LinkedIn,

MySpace, Friendster, Legal OnRamp, Martindale-Hubbell Connected

Primary focus is to allow people to connect and build user-generated content

“Ambient awareness” ▪ – Leisa Reichelt

42,089,200 U.S. Facebook users*

267% growth in users 35-54 years old in six month time period

4th most popular website***

42 million worldwide LinkedIn members**

A new member joins LinkedIn approximately every second, and about half of our members are outside the U.S.

Executives from all Fortune 500 companies are LinkedIn members.

*istrategylabs.com as of 1/4/2009, Facebook Social Ads **LinkedIn.com*** Alexa.com

Blogs and Blog/Blawg – contraction of phrase “web log”

▪ 133 million blogs▪ 2 new blogs/second*

▪ 18 updates/second Twitter is a “micro-blog” – post of no more than 140

characters▪ 7 million users**

▪ Fastest growing community site with a 1382% increase in visits Feb 09 vs Feb 08

▪ 35 - 49 - 42%▪ 63% use from work

*Technorati, as of February 2008**Nielsen NetView 2/09, U.S. Home and Work

Internet Forums aka web forums, message boards, discussion boards,

discussion forums, bulletin boards Wikis

Wikipedia.org Instant Messaging (IM) Flickr and YouTube Folksonomies Virtual Worlds

“Caught Up” in Web 2.0: Third Part Liability Risks of Employee Blogging and Social Networking” presented by William R. Denny at ABA Section of Business Law Spring meeting ,April 16, 2009

Avoidance is not a strategy Stay connected Helps Google ranking/search results Competitive Intelligence Knowledge sharing and collaboration Monitor your firm and personal brands Reconnect with past co-workers, friends, classmates

Other businesses are using it for: Competitive Intelligence Special offers Customer service Recruiting

Finding out facts regarding opposing party to bolster case.

Finding out facts about own client Finding out facts about opposing counsel Jury Selection

“What Lawyers Need to Know about Social Networking Sites” – Business Litigation Department Meeting April 28, 2009 – Bruce Douglas, Chris Heffelbower

Check-out the internet presence of opposing counsel, opposing parties, witnesses, and your client to gain valuable information. Simply Google their names.

Consider asking questions in discovery regarding opposing party’s internet presence.

Consider obtaining the online contents of a party’s online account via subpoena issued to Myspace, Facebook or other social networking sites. Such a subpoena should demand that the internet service provider prevent any possible spoliation of the contents of the account.

Think about how this evidence will be used in trial by reviewing relevance, authentication, etc.

Consider asking potential jurors regarding their online presence.

“What Lawyers Need to Know about Social Networking Sites” – Business Litigation Department Meeting April 28, 2009 – Bruce Douglas, Chris Heffelbower

http://www.linkedin.com/home

http://twitter.com/home

http://www.facebook.com

Be Judicious Be Private 80/20 Rule Be Transparent Add Value Social Etiquette Applies