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The Five E-Mail Mistakes That Expose You To Liability
The Five E-Mail Mistakes
That Expose You To Liability
 

Update Your Written Policies With Expert Training

E-mail used to be just a convenient, productivity-boosting tool. Now it's a rich source of incriminating evidence that can be used  against your organization-and even you personally-in criminal and civil lawsuits.

Avoid These Mistakes So You Can:

  •  Protect your job
  •  Preserve your good reputation
  •  Prevent embarrassing publicity
  •  Avoid personal liability for costly penalties

Many organizations are lulled into a false sense of security because of three popular myths regarding e-mail liability.

Myth #1: We have a written e-mail Internet usage policy, so we're protected.  Most written policies are too generic to offer to much protection.  Recent court rulings state that employees normally don't read their policies, and without expert training they are ineffective.

Myth #2: We train our employees about how they can and cannot use our e-mail system and Internet access.  Most in-house training programs too generic, omit important information and strategies, and rarely address the latest changes in applicable laws.

Myth #3: We have an attorney on staff who will let us know if we're breaking any laws.  Most attorneys are too busy keeping current on the latest changes and rulings in their area of expertise to develop more than a passing acquaintance with mass communications law.

Checked out some ripped-from-the headlines examples of organizations that have paid through the nose because their employees committed one or more of the biggest e-mail mistakes:

  • Chevron Corporation settles for $2.2 million after incriminating e-     mails were produced as evidence in a sexual harassment case.
  • Five Austin,Texas police officers and four dispatchers were suspended for what Police Chief Stan Knee called "inappropriate" computer messages sent after an Austin nightclub fire.
  • In Seattle a terminated employee receives a $250,000 settlement after a damaging e-mail sent by the company president to the head of personnel was uncovered.
  • An ill-advised e-mail to a female employee led to the ouster of Boeing CEO Harry Stonecipher.

According to a recent American Management Association and ePolicy Institute survey, over one in five employers (21%) has had employee e-mail and instant messages (IM) subpoenaed in the course of a lawsuit or regulatory investigation. That's more than double the 9% reported in 2001, and 7% increase over the 14% reported last year.  Another 13% have battled workplace lawsuits triggered by employee e-mail and one-fourth of the organizations surveyed fired employees for violating e-mail policies. 


How Your Organization Will Benefit

Investing in this specialized video program helps your organization:

  •   Avoid costly legal judgments, and settlements
  •   Deliver in-depth liability training to your staff
  •   Avoid potentially embarrassing publicity
  •   Easily defend against lawsuits
  •   Protect the integrity of your e-mail system
  •   Save money by reducing terminations
  •   Eliminate a rich source of harassment claims

Mark Fiedelholtz draws on his dual background as a media attorney and television anchor to deliver a riveting presentation that translates confusing "legalese" into plain English  His techniques are easy to implement and you learn the following:

The Five E-Mail Mistakes That Expose You To Liability

Mistake #1: Lack Of Foreseeability Skills             

General Issues: Core Negligence Principles

      

Issue I: Your New Duty Of Care When Using E-Mail            

      a) Why The New E-Mail Laws Can Increase Your Liability

      b) Understanding The New Federal E-Mail Regulations

Issue II: The Legal Impact Of Courts Accepting E-Mail As A Legitimate Business Record and Public Record

Issue III: Weak Medium 

       a) Intentional Misuse                                                        

       b) Human Error

Mistake #2: Risky E-Content                                    

Issue I: Standard of Care: Identifying Negligent E-Mail Content    

      a) State Laws

      b) Federal Laws

      c) Deletion Liability

      d) Digital Contracts
                     
                                       

Mistake #3: Privacy Illusions

Issue I: Privacy                   

       a) History

       b) New Developments

       c) Off-Site Communication Liability

       d) Telework/Wireless Communication

       e) On-Site Communication Liability: ECPA

        f)  USA Patriot Act

Issue II: Digital Discovery               

       a) General Statements

       b) MetaData

       c) Discovery Authority

       d) Computer Forensics

Mistake #4: Libelous And Harassing e-Content
Issue I: Cyberlibel and Electronic Harassment         

      a) State Law

      b) Electronic Opinions/Business Libel

      c) Electronic Jurisdiction

Mistake #5: Copyright and Trademark Laws      
  Issue I: Electronic Copyright and Trademark Issues         

       a) History

       b) Fair Use/Digital Millennium Act/Web Linking Liability


We offer The Five E-Mail Mistakes That Expose You To Liability workshop in two training formats:

Train The Trainer

  •   On-Site Seminar
  •   License to duplicate class written materials
  •   License to duplicate our in-service videos
  •  Analysis of your present policies
  •  Two year customer support program

 

Workshops

  •   Full or half day customized on-site seminar
  •   Flat fee includes unlimited attendees
  •   Information-packed workbooks

Join Me At An Upcoming Guardian Series Seminar.

Having trained thousands and thousands of employees, I regularly witness the power of my workplace communication seminars. Investing in The Guardian Series off-site training has other great benefits for attendees and their companies.

  1. Designed for learning. Visual and audio cues are incorporated along with targeted handouts for better learning and greater retention.
  2. No distractions. The phone isn’t ringing and peers aren’t standing in line with “problems.”
  3. Ask questions. You get a chance to ask those burning questions from an expert.
  4. Train-the-trainer. Attendees will be ready to share the knowledge acquired during my seminar.
  5. Networking. Meet and greet local businesspeople and learn how they are handling issues.
  6. Concentrated information. After hundreds of seminars and hours of research, you’ll learn practical solutions based on the newest electronic privacy and liability laws.
Click Here For Details On The Guardian Series: Seminars.

Here’s What Others Have Said About The Guardian Series Seminars:

“This course was very informative and provided a fresh perspective."

William Schwartz, PIO, Miami Police Department, FL 

 
“Thanks for taking the blindfold off. This course should be required at the academy level and each time a police officer is promoted. ”
Fernando Flores, IL Central Mgmt. Services
 
“This presentation was no-nonsense.  The most important strategies for me were the interviewing techniques on controlling leading or aggressive questions.  Having someone with a legal and media background was very informative.”
Captain James Tesh, Winston Salem , NC
   
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