1.The Insurance Industry Charitable Foundation presents Social Media 2.0 for Insurance Professionals:Maximizing Opportunities & MitigatingRisks in Todays MarketplaceNovember 9, 2011In partnership with Title Sponsor:

2. The Insurance Industry Charitable Foundation presentsQuestions: Twitter: #IICFSMFEmail: maduncan@iicf.comIn partnership with Title Sponsor: 3. Social Media 2.0 for Insurance Professionals: Maximizing Opportunities & Mitigating Risks in Todays MarketplaceAgents Using Social Media forCustomer Education & Service Peter van Aartrijk, Managing Director Aartrijk 4. AGENTS ON SOCIAL NETWORKS FOR CUSTOMER EDUCATION & SERVICE By Peter van AartrijkIICF Seminar, San Francisco November 9, 2011ENHANCING YOUR BRAND FROM EVERY ANGLE 5. Agents Say Social Media Use Important, But 71% say its important to use social mediaHalf said critical or very important to use. But usage only 44%. 61% expected to be in 2011. 2011 Survey of Agent/Carrier Relationships 2011 Channel Harvest Research. All rights reserved. 6. Listening to customers to learnand improve. Understanding todays meaningAGENCY ISSUES of service. Working in vs. on the business. Attracting new generations. Seeing marketing as an expensevs. an investment. 7. WHY DOES BRAND MATTER? 8. Without a strong brandThe firm is just a name, a sign, a commodity. 9. TrustBRAND ELEMENTS QualityCUSTOMERS SEEK Education Time 10. Supporting Business 11. Catastrophe Information 12. Community Involvement 13. personalbusiness financialsupportlearning about us bloginsurance insuranceinsurancecenter center> STORM CLAIMS: OurBolton & Harvard officesare closed due to thestorm. BUT...Our team ishere to advise you, fileclaims and assist you asquickly as possible. Call800 222 8711. personal insuranceinsights blogs Watch for Motorcycles! Be Alert Hurricane emergency storm planningAvoid a rejection stickerTrick or Treat...Be Safe! for old MA License Plates Does your auto insurance policy10 Tips for What to do at cover a rental car while traveling?an Accident Scene Older green MA license plates must meet standards for legibility 5 Tips for Better Value on and reflectivity in order to pass theYour Car Insurance business insuranceannual vehicle safety inspection.Do you really know what Avoid the stress of getting rejected you have in your house?Developing a small business disasterrecovery planand last minute arrangements toTips for creating a home get new plates. There is no cost toinventoryCyber Thieves Target Small Firms swap plates. contact us >Building an effectiveDo I need business interruptioninsurance employee performancereview processsimple solutions to protect families & businesses in massachusetts...insurance made simple. Data breach: Are youprotected?Flood Insurance:Hurricane & Storm ClaimsQ&A - Part 3Sewer Back-up & SumpOverflow: Hurricane &Storm Claims Q&A - Part 2secure mail login news & eventsforms center join email listcontact usFallen Trees: Hurricane &Storm Claims Q&A - Part 1get a quote auto insurance liability insurancelife insurance locationsFive Insurance Lessonssubmit a claimhome insurance commercial autodisability insurance your opinion matters connectThe Town from with us...update your account personal umbrellainsurancegroup health insurance privacy & securitypay my bill recreational vehiclesworkers compfixed annuitiesterms & conditions bondslong-term care site map employee benefitsCopyright (c) 2011 Murphy Insurance Agency Login 14. From: Murphy Insurance Agency Sender: Murphy Insurance Agency Date: Mon, 23 May 2011 12:36:15 -0400 (EDT)To: ReplyTo: assistance@dfmurphy.comSubject: Help Your Favorite Charity Win $200 From Murphy InsuranceHaving trouble viewing this email? Click here Murphy Insurance cares about the communities we call home and wants to give back by donating to 3 local organizations. Wed like your help in determing which ones to give to. Nominating and voting for your favorite local charity or community organization is easy...Visit & "Like" our facebook page facebook.com/murphyinsurance Click on the "contest" tab, on the left, and complete the nomination form. Deadline is June 8, 2011 Return to our page between June 9 and June 26, 2011 to vote for your favorite charity. Ask your friends toLEARN MORE vote, too! personal insurance For more information about the contest you can go to our website dfmurphy.com/donationcontestspring2011 business insurancefinancial insurancejoin email list5% (8967(. (, 15. Consumer Education 16. Find the Pain, Heal the Pain, Show the Love. 17. Risk Management 18. November 5, 2011Blogs Choose Your Industry Area of Interest 19. Share Report Abuse Next BlogCreate Blog Sign InFriday, April 30, 2010Environmental Insurance, its not off the shelf.About MeThere is no such thing as an off the shelf environmental insuranceSenn Dunn Insurancepolicy. Let a team of environmental insurance specialists help you. At Senn Dunn we want to be your trustedadvisor 365 days a year. We haveassembled a team of experts with industryWe want to know more about your business than any of ourspecific experience, to assist you in the daycompetitors. When we sit down in front of you, you will see thatto day dealings of your risk management.not only do we know what we are talking about, but we also knowIts more than just an insurance policy, wewhat youre talking about. Our tremendous depth and breadth ofwant to be your strategic resource 365 daysenvironmental expertise means that our solutions for your businessa year.are customized and seamless...no matter what issues you face.To speak to an advisor today give us a callat 1.800.598.7161, or visit us online atWe have a proven reputation in the environmental insurancewww.senndunn.commarketplace and strong relationships with environmental insurers.View my complete profileThis market strength is increased by the fact that we talk withthese environmental carriers on a daily basis. Our experience andability to be innovative within the industry gives us an advantageAbout Usproviding solutions that can have a positive impact on your bottomline. Dont rely on luck. Let our expertise and relationships work to About Usyour benefit. Our HistoryOur ServicesContact UsTeam Expertise & Experience dedicated environmental practice groupFollowers 10+ years of working with environmental risks evaluation of environmental exposures Join this site specialized placement of environmental coverageswith Google Friend Connect development of strategic environmental risk plans OSHA compliance training bonds/surety There are no members yet.Be the first!We provide insurance solutions for:contractors pollution liabilityAlready a member? Sign inenvironmental professionals liabilityclosure/post closure liabilitycost cap remediation liabilitytransportation pollution liabilityBlog Archivesite specifi c pollution liability!2010 (3)products pollution liability ! April (3) 20. Share Report Abuse Next BlogCreate Blog Sign InThursday, January 27, 2011Why should I use a blog?Senn Dunn CommercialInsuranceSenn Dunn Commercial InsuranceSenn Dunn HomeSenn DunnFollowers Join this sitewith Google Friend Connect There are no members yet.Be the first!Already a member? Sign in Posted by Senn Dunn Insurance at 11:22 AM 0 commentsBlog Archive Links to this post!2011 (1) ! January (1)Why should I use a blog?Wednesday, February 17, 2010"2010 (2)Tips on how to manage Subcontractor Default RiskAbout MeSenn Dunn InsuranceAt Senn Dunn we want to be your trustedadvisor 365 days a year. We haveassembled a team of experts with industryspecific experience, to assist you in the dayto day dealings of your risk management.Its more than just an insurance policy, wewant to be your strategic resource 365 daysa year. 21. Social media mentions. Blog comments. Followers, friends, views. Phone calls, website clicks.METRICS Delivered and opened e-mails. Click-throughs from campaigns. Quotes. Referrals. Recruitment efforts. 22. ENHANCING YOUR BRAND FROM EVERY ANGLE703.912.7974 peter@Aartrijk.comAartrijk.com 23. Social Media 2.0 for Insurance Professionals:Maximizing Opportunities & Mitigating Risks in TodaysMarketplaceSocial Media, Mobile Computing and the Cloud:Why you need a current & comprehensive compliance policy.Margaret Keane, Partner, Co- Chair, Employment Dispute Resolution Dewey & LeBoeuf 24. Social Media, Mobile Computing and The Cloud:Why You Need a Current andComprehensive Compliance ProgramPresentation toInsurance Industry Charitable FoundationNovember 9, 2011Margaret A. Keane415 951 1137mkeane@dl.comDewey & LeBoeuf LLPdl.com 25. TABLE OF CONTENTSA. Issues Specific to the Insurance Sector 1. Use of Social Media by Farmers and some of its Competitors 2. Insurance Regulators and Social Media 3. The NAICs draft White Paper on Social Media in Insurance 4. From the States: Social Media as Advertising and Other Perils 5. Social Media as an Investigative Tool 6. Pointers, Perils and the FTCB. Workplace Issues 1. Overview of Challenges 2. Hiring Concerns 3. Perils and Pitfalls of Mobile Technology 4. FINRA Guidance on Dual Use Devices 5. The NLRA, Non-disparagement Policies and Termination 6. Genetic Information Non-Discrimination Act 7. Parting ThoughtsDewey & LeBoeuf LLP | 50 26. The Risks and Rewardsof Social Media Run Throughout Your Relationships Claims Community Relations Customers Employees Insurance Regulators Other Regulators and Enforcers Producers UnderwritersDewey & LeBoeuf LLP | 51 27. Perils of Social Media and Mobile Computing Misappropriation of sensitive information due to negligent or intentional security breach Reputational damage Harassment or bullying of co-workers in social media fora Inappropriate and/or defamatory references posted on public sites Claims of discriminatory hiring and firing decisions based on information obtained from social media Violations of Genetic Information Non-Discriminatory Act (GINA) Wrongful termination claims for decisions and policies that may violate the National Labor Relations Act Unfair insurance/trade practices exposure for inappropriate or unauthorized endorsements and testimonialsDewey & LeBoeuf LLP | 52 28. Farmers Insurance GroupOffers Zyngas FarmVille players access to its Farmers-branded Airship, which raised fan base by more than 100,000 in the first week of the promotion.Ran a Facebook Contest where People could Enter to Win a Ride on the Farmers Airship, the Zeppelin Eureka.Incorporated Hearsay Social, a social media platform designed to address compliance needs, deliver content and provide data analytics; uses the platform to help 15,000 agents nationwide maintain their own Facebook pages.Launched iClaim which provides an additional channel to submit claims and communicate with Farmers.Manages active Facebook, LinkedIn and Twitter Profiles.Dewey & LeBoeuf LLP | 53 29. Dewey & LeBoeuf LLP | 54 30. State Farm Launched a free mobile application, DriverFeedback, which can turn a cell phone into apocket-sized driving coach. Held a 6-month ad campaign within the gameCar Town that included brandedmissions, virtual item giveaways, and new StateFarm-branded promotions. Launched State Farm Go to Bat - Users selectone of the designated charities on State Farmswebsite, then virtually swing. Once a week, for10 weeks, State Farm will make a donation of$18,000 to the charity with the highest Go ToBat game batting average. Also, an individualwinner who goes to bat for the winning charitywill be randomly selected for a trip to Games 3and 4 of the 2011 World Series.Dewey & LeBoeuf LLP | 55 31. Progressive Launched Snapshot, which plugs into a cars on-board diagnostic port. Computer chips collect and store the time of day the car is operating, as well as speed. The dataare sent to Progressive via wirelesstechnology, and users can view their resultsalmost instantly on a website. Drivers canget discounts of up to 30% in as soon as 30days. Launched mobile application to compare insurance costs; obtain quotes, make payments and manage policies; access insurance information, VINs, policy dates, insurance coverages, and find nearest agents and service centers. Progressive Flo, a character in Progressives commercials, has a Facebook Page with approximately 3,000,000 likes.Dewey & LeBoeuf LLP | 56 32. Allstate Launched Digital Locker which makes it easy to create and manage an inventory of personal property, so customers will have the information they need if they ever need to make a claim. Launched Tag In by Allstate which allows users to send quick messages and GPS locations to friends. Launched Allstate Motor Club, which provides roadside assistance for users nationwide. Launched GoodRide by Allstate helps users plan, track and share all rides, maintenance, and repairs. Has its own YouTube channel which includes a section of information and educational videos.Dewey & LeBoeuf LLP | 57 33. Regulators Are Stepping In State insurance regulators beginning to address the use of socialmedia in the insurance industry and treating it as advertising. Several state insurance regulators have Facebook pages. At least 3 statesVirginia, Massachusetts and New Yorkhaveprovided specific guidance that marketing communications throughsocial media platforms will be considered advertisements. At least 6 statesOhio, New Hampshire, Idaho, Colorado, Arizona, andCaliforniaand the NAIC include electroniccommunications, broadcasting, or transmissions within their definitionsof advertisement. NAIC has a Social Media Working Group, chaired by Keith Nyhan ofNew Hampshire Department of Insurance. Draft Working Paper onSocial Media issued on July 29, 2011.Dewey & LeBoeuf LLP | 58 34. Dewey & LeBoeuf LLP | 59 35. Dewey & LeBoeuf LLP | 60 36. Dewey & LeBoeuf LLP | 61 37. NAIC Released DraftWhite Paper on Use of Social Media in Insurance The Social Media Working Groups White Paper, which borrowsheavily from FINRAs Notice to Members 10-06, has not yet beenadopted by the Market Regulation & Consumer Affairs Committee.However, it prescribes methods for insurers to comply withregulatory guidance in their use of social media, and mayforeshadow future regulations. The White Paper focused on: The use of social media in the business of insurance Identifying and providing guidance on actual and potential regulatoryand compliance issues with the use of social media in insuranceDewey & LeBoeuf LLP | 62 38. Context: Common Uses of Social Media in the Insurance SectorInsurers Tool to build trust and engagement and convey valuable information for consumers. Means to obtain and verify information during the hiring process. Forensic tool to investigate potential fraud in the underwriting and claims process. Facilitate claims handling. Method of more timely addressing public relations crises.Producers Ability to disseminate information. Can be product info or general public service. Tool to access networking opportunities. Means to engage customers and build personal brand, provide rapid responses to questions.Consumers Learn about products and rates, ask questions, rate insurance companies and producers, and complain about negative experiences with companies/producers. Dewey & LeBoeuf LLP | 63 39. NAIC White Paper:When is an Insurer Responsible? Generally speaking, if the social media communications can be attributed to a carrier, regulators will do so. Thus, protocols and procedures should be developed, in place, and followed regarding social media usage by independent agents, as the regulatory emphasis in regards to social media will be on the agency and not the independence.Dewey & LeBoeuf LLP | 64 40. White Paper:When is an Insurer Responsible for Content? Insurers will likely be held accountable for social media content posted to or on any oftheir own directly sponsored sites, and possibly for their producers social mediacontent. An insurer will likely be held accountable for all social media content, with limitedexceptions, posted to/on any of its associated entities sponsored sites/spaces Static communications are subject to existing advertising, marketing and customer-relation regulatory frameworks. (Static communications remain posted and visible untilchanged by someone with access to do so. Ex. Biographic materials, backgrounds andwall information.) Retention and record keeping requirements do apply to the interactive content on asocial media website controlled by an insurer or one of its associated entities. Insurers are not responsible for the interactive content of 3rd party, non-associatedentities contributions If 3rd party content is attributable to an insurer because the insurer was involved withthe preparation of the content, the insurer will be accountable for the content, per theentanglement theory. If 3rd party content is explicitly or implicitly endorsed by the insurer it becomesattributable to the insurer per the adoption theory.Dewey & LeBoeuf LLP | 65 41. White Paper:The Many Facets of Compliance As with all forms of communication and interaction between insurancecompanies and their associated entities and consumers, the insurancecompany must supervise and monitor communication closely in order tocomport with existing regulations. Insurers should adopt comprehensive policies, procedures and controls thatcomply with relevant State regulatory guidelines, including: Advertising and marketing laws and regulations Consumer complaints Endorsements of and to individuals and companies Privacy Laws Federal laws including HIPPA, Gramm-Leach-Bliley(GLB), Childrens On-Line Privacy Protection Act (COPPA), Stateprivacy laws such as Californias Insurance Information and PrivacyProtection Act (IIPPA) Record Retention Requirements Security Breach Notification Statutes Supervision, Monitoring and Training Suitability RequirementsDewey & LeBoeuf LLP | 66 42. White Paper:Regulatory Guidance Insurers should restrict producers from engaging in businesscommunications on unsupervised social media sites. Absent policies and procedures to ensure regulatory compliance, producersshould be prohibited from using social media to promote an insurer or itsproducts. Insurers should adopt policies reasonably designed to ensure thatelectronic communications or communications attributed to them areaccurate and timely, not misleading. With regard to recommendations for specific insurance products, insurersshould ensure that its communications or communications attributable to itare suitable to all potential recipients. Alternatively, an insurer could prohibitinteractive electronic recommendations for specific products. Dewey & LeBoeuf LLP | 67 43. White Paper:Regulatory Guidance (contd.) An insurer may employ risk-based principles to determine the extent towhich the review of its electronic social media communications is necessaryto properly supervise its business. Insurers could adopt procedures that require pre-approval of some orall interactive electronic social media communications prior to posting. Insurers could alternatively review communications post-use. Insurers should have record retention policies and procedures for social media communications, as well as appropriate privacy protections for social media communications. Insurers should train their producers in accordance with their developedpolicies and procedures to guide producers social media use (or riskliability for their misuse).Dewey & LeBoeuf LLP | 68 44. From the States: Social Media Considered Advertisements/Marketing Material In Virginia, advertisement in the context of life insurance and annuities includeswebsites and other Internet displays or communications, social media, orother forms of electronic communications. In Massachusetts, marketing or marketing material in the context of healthbenefit plans includes Social media sites including networking sites, blogpostings and smartphone applications created by or for a Carrier, InsuranceProducer or other entity for presentation to or use by the insurance buyingpublic. The use of a Linked-In profile page or a similar website for the promotion ofinsurance, insurers, or insurance agents or brokers constitutes anadvertisement, announcement, or statement under New York Law. OGC Opinion No. 10-11-07 (dated November 22, 2010). Dewey & LeBoeuf LLP | 69 45. From the States: Electronic Communications Considered Advertisements Ohio, New Hampshire, Idaho, Colorado mirror the NAIC Model Laws definition ofadvertisement in the context of accident and health/sickness insurance - anadvertisement shall include printed and published material, . . . web sites andother internet displays or communications, other forms of electroniccommunications, billboards and similar displays. Ohio Admin. Code 390-8-07;N.H. Code Admin. R. 2601.3; IDAPA 18.01.24 Section 010; 3 CCR 702 Reg. 4-2-3Section 4. In California, in the workers compensation context, advertisements include anyform of communication, in writing, photograph or picture, electronicbroadcasting or transmission. Cal. Code Regs. tit. 8, Section 9820. Because insurers use of social media will be regulated akin to traditionalinsurance marketing or advertising, social media communications must complywith advertising and marketing laws and regulations, among others. Becauseelectronic advertising transcends state boundaries, insurers must be aware ofmulti-state advertising laws. Dewey & LeBoeuf LLP | 70 46. Dewey & LeBoeuf LLP | 71 47. More Regulatory Pitfalls An insured may attempt to submit a claim or complaint through an insurers Facebook pageinsurers should consider including a disclaimer regarding the proper reporting of insured claims and a link to the insurers claim form and/or other contact information. The use of social media is subject to state insurance laws that govern unfair trade practicesinsurers should be aware of applicable laws and take great care to follow their own privacy policies. As many states, including California, require that marketing be conducted in the insurers name, if an insurer is using a Twitter account, compliance professionals should ensure that the account name satisfies this requirement.Dewey & LeBoeuf LLP | 72 48. Romano v. Steelcase: Are Social Media Postings Discoverable in Personal Injury Cases? Injured woman sued furniture company for damages suffered whenshe fell off a Steelcase chair Steelcase sought her Facebook and MySpace postings to show thatshe had an active lifestyle and was not confined to bed as alleged. Court concluded that she had no expectation of privacy as to herFacebook and MySpace postings. Thus, when Plaintiff created her Facebook and MySpaceaccounts, she consented to the fact that her personal informationwould be shared with others, notwithstanding her privacy settings.Indeed, that is the very nature and purpose of these socialnetworking sites. Same logic should apply in claims litigation, but case law isevolving.Dewey & LeBoeuf LLP | 73 49. Practice Pointers: Avoiding Regulatory Pitfalls Set clear expectations regarding online privacy when using corporate network Establish protocols for monitoring 3rd party posts and use disclosures thatadequately inform users. Set policies ensuring that insurers are appropriatelyidentifying, monitoring, responding to, tracking, and retaining records ofcomplaints communicated through social media. Ensure that personnel communication on behalf of the company is licensedwhere necessary. Note that often, if an advertisement constitutes a solicitation in a particular state then the advertising-insurer must be licensed in said state.Dewey & LeBoeuf LLP | 74 50. Practice Pointers: Avoiding Regulatory Pitfalls (contd) Supervise producers and employees to ensure that only approved sites are being used; that any restrictions regarding use of approved sites are being followed; that static advertising is being pre-approved; and that only those permitted to use social media are using it; and use of social media in investigations is documentedDewey & LeBoeuf LLP | 75 51. Geolocation Tracking and Telematics FTC: Geographic location is sensitive information If a service provider links location to a specific device of a specific person, provider must: Give notice about how location informationwill be used, disclosed and protected, State whether the provider will share location information with third parties and identify them, Advise users how they can terminate thelocation-based services, and State how long information will be retainedSource: CTIA The Wireless Association, Best Industry Practices and Guidelines forproviders of location based services Dewey & LeBoeuf LLP | 76 52. The FTC Speaks:Privacy by Design FTC Proposal, December 2010 Build privacy protections into everyday business practices: Provide reasonable security Collect only data needed for specific business purpose Retain data only as long as needed for that business purpose Safely dispose of data no longer needed Implement reasonable procedures to promote data accuracy Companies should implement and enforce procedurally soundprivacy practices throughout their organizations, including employeetraining and conducting privacy review when developing newproducts and services on a systemic basisDewey & LeBoeuf LLP | 77 53. The FTC Speaks:FTC Testimonial Guidelines Governs endorsements and testimonials in advertising No private right of action; may be enforced by FTC under section 5of the FTC Act Advertisers are subject to liability for false or unsubstantiatedstatements made through endorsements Advertisers subject to liability for failing to disclose materialconnections between themselves and endorsers Endorsements relating the experience of a customer must disclosegenerally expected performanceDewey & LeBoeuf LLP | 78 54. Social Media Issues In The WorkplaceDewey & LeBoeuf LLPdl.com 55. Managing Change in the Workplace:Some of Todays Challenges Lack of clear precedent: courts and legislators lag behind while agenciesrun ahead Social networking: lines between work and life continue to blur New communication channels: instant messaging as corporate tool andtexting is not just for teens Electronic discovery: the document that would not die Workplace privacy: does it exist? Anywhere, anytime access: security risk and other challenges of mobilecomputing The 24/7 workplace and the FLSA Control is a remnant of days gone by Generational differences affect communication styles Dewey & LeBoeuf LLP | 80 56. Social Media Policies 1.5 85% of financial services professionals under 50are using social media. Ledermark survey, April2010 45% of their employees dont have a social mediapolicy or prohibit its use entirely. Ledermarksurvey 31% completely prohibit employees from visitingsocial networking sites while at work. Robert HalfTechnology survey, May 2011Dewey & LeBoeuf LLP | 81 57. Online Social Networks Facebook has over 700 million users Approximately 67 million users per dayaccess Facebook through Android andiPhone apps. Linked in 120 million plus members 110 million tweets are sent daily Dont think your employees are outthere? Think again. Type yourcompanys name into the search engineof any social networking site. (Source: thenextweb.com/facebook/ 2011/094/23/the-number- growth-and-evolution-of-the-behemoth-that-is-facebook/)Dewey & LeBoeuf LLP | 82 58. Getting to Know You: Using Social Networking in the Hiring Process 24% of employers had hired a staff member based on their socialnetworking profile 33% decided not to make job offer to candidate after seeing profile(photos of drugs/drinking or inappropriate behavior were the mostpopular reasons for eliminating candidate) 16% of employees changed their web profiles to enhance theirprofessional images 22% of companies check candidates profiles onFacebook/MySpace before deciding to hire them (this has doubledsince 2006) 9% said they planned to review potential employees socialnetworking pages in the futureSource: www.Careerbuilder.com/Article/(B-533)Dewey & LeBoeuf LLP | 83 59. Getting to Know You:Risks of Using Social Networking Websites in the Hiring Process Risk of making employment decisions based oninaccurate, irrelevant or false info Online social networking profiles often presentpersonal information that would not properly besubject to inquiry during the hiring process Potential to eliminate applicants based onprotected class status in violation of federal andstate anti-discrimination laws Need to balance applicants rights with employersneed to screen candidates thoroughlyDewey & LeBoeuf LLP | 84 60. Getting to Know You:Risks of Using Social Networking Websites in the Hiring Process Employers must have procedures for use of online data whenmaking employment decisions Determine when on-line searches will be used in hiring and promotionprocess Decide whether to inform applicants about on-line searches andwhether to ask for email addresses, user names and blog post Comply with FCRA if using third parties to conduct search Do not engage in unauthorized access of password protected sitesDewey & LeBoeuf LLP | 85 61. Are You at Work? Mobile Technology Blurs the Line Between Home and Work By one estimate, 72% of Americans check theiremail on weekends and vacations and 42% checkemail while home sick. Source: www.kikabink.com/news/most-workers-addicted-to-email-2-out-of-3-u- s-and-u-k-workers-check-mail-outside-business-hours/ (citing Harris Interactive research) iPass Mobile Employee Definition: Employee usinga mobile device who accesses networks (other thancorporate LAN or WLAN) for work purposes Average mobile worker works 240 hours per yearlonger than work force in general 43% of mobile workers keep smart phone at arms reach when they sleep 96% of mobile workers under 45 have smart phones 35% of mobile workers check email first thing upon awakeningSource: The iPass Global Mobile Workforce Report, August 2011www.mobile-workforce-project.ipass.com/cpwp/wp-content/files_mf/ipass_mobileworkforcereport-q-3_2011.pdf Dewey & LeBoeuf LLP | 86 62. Yours, Mine and Ours: A New World of Sharing How do you use your smartphone?Source: The iPass Global Mobile WorkforceReport, http://mobile-workforce-project.ipass.com/cpwp/wp-content/files_mf/ipass_mobileworkforcereport_q3_2011.pdfDewey & LeBoeuf LLP | 87 63. Yours, Mine and Ours: A New World of Sharing (Contd) Do you use your tablet primarily as a personal or work device?Dewey & LeBoeuf LLP | 88 64. I Owe You What?!Mobile Devices and Wage and Hour Obligations The average professional spends 50 minutes a day sending e-mails after work (Source: Cohesive Knowledge Solutions, 2008) Companies need to manage risk by: Updating policies and handbooksrelated to use of personal devices Dont give mobile devices to non-exempt employees Implement policies that restrict non-exempt workers use of company-issued devices FAD Media, Inc. Dewey & LeBoeuf LLP | 89 65. Dewey & LeBoeuf LLP | 90 66. Living Together: The Ongoing Employment Relationship Decide whether or not to monitor - virtually all employers retain the right tomonitor and address personal use of the employers system Develop policy on use of personal devices in the workplace Put your policies on personal use and privacy rights into clear andunequivocal language and communicate it to your employees(Ex. You have no expectation of privacy in connection ) If employees can access the employers system remotely, require employeesto provide access to remote devices used to access system Require employees to provide immediate notice, and consent to remotewipe, is a mobile device is lost FOLLOW YOUR POLICY CONSISTENTLY Revise policy as technology evolves Dont make employment decisions turn on trivial mattersDewey & LeBoeuf LLP | 91 67. FINRAs Latest Guidance on Dual Use Devices:Regulatory Notice 11:39, August 2011 Recordkeeping Q1: Does determining whether a communication is subject to therecordkeeping requirements of SEA Rule 17a-4(b)(4) depend on whetheran associated person uses a personal device or technology to make the communication? A1: SEA Rule 17a-4(b)(4) requires a firm to retain records ofcommunications that relate to its "business as such."This analysis does not depend upon the type of device or technology usedto transmit the communication, nor does it depend upon whether it is a firm- issued or personal device of the individual; rather, the content of the communication is determinative. For instance, the requirement would apply if the electronic communication was received or sent by an associated person through a third-partys platform or system. A firms policies and procedures must include training and education of its associated persons regarding the differences between business and non-business communications and the measures required to ensure that any business communication made by associated persons is retained, retrievable and supervised. Dewey & LeBoeuf LLP | 92 68. FINRAs Latest GuidanceAccessing Social Media Sites From Personal Devices Q14: May associated persons use personal communication devices and otherequipment, such as a smart phone or tablet computer, to access firm businessapplications and perform business activity if the firm employs technology that enables the firm to keep records and supervise the activity? A14: Yes. Firms may permit their associated persons to use any personalcommunication device, whether it is owned by the associated person or thefirm, for business communications. Of course, the firm must be able toretain, retrieve and supervise business communications regardless ofwhether they are conducted from a device owned by the firm or by theassociated person. . . . firms should have the ability to separate business and personal communications, such as by requiring that the associated persons use a separately identifiable [secure] application on the device for their business communications. . . If the firm has the ability to separate business and personal communications, and has adequate electronic communications policies and procedures regarding usage, then the firm is not required to supervise the personal emails made on these devices. Of course, firms also are free to treat all communications made through the personal communication device as business communications. Dewey & LeBoeuf LLP | 93 69. Breaking Up is Hard to Do:From Dooce to the NLRB Dooced: Termination based on a blog posting; see www.dooce.com(blog of woman who was fired after writing about employer on blog) NLRB v. American Medical Response Company, Case No. 34-CA-12576 (Connecticut, 2011). Employee terminated for criticizing hersupervisor on Facebook in violation of policies. Important casebecause it challenged both the firing decision AND the employerspolicies. Case recently settled. NLRB v. Hispanics United of Buffalo (HUB), September 2, 2011.First ruling by an NLRB Administrative Law Judge, ruled that HUBviolated the NLRA when it terminated five employees for criticizing asixth co-worker on FacebookIt is irrelevant to this case that the [Facebook posters] were not tryingto change their working conditions and that they did not communicatetheir concerns to HUBDewey & LeBoeuf LLP | 94 70. NLRB Position on Social Media Practices and Policies: My Workforce Isnt Unionized. Why Should I Care? Portions of the NLRA apply to ALL private employees. Specifically, employers cant punish employees for discussing working conditions or unionization. Agency has taken aggressive stance on terminations as discipline for critical posts on social media. NLRA gives employees the affirmative right to engage in concerted action for mutual benefit and protection.Dewey & LeBoeuf LLP | 95 71. NLRB Acting General Counsel Releases Report on Social Media Cases: August 18, 2011 Report provides analysis of 14 cases involving employers social and general media policies submitted to NLRBs Division of Advice. Four cases found protected activity where employees posting on Facebook were discussing terms and conditions of employment with fellow employees. Four other cases found activity was not protected. In five cases, Division of Advice found that some provisions of employers social media policies were unlawfully over-broad.Dewey & LeBoeuf LLP | 96 72. Breaking Up is Hard to Do:Insurance is a Competitive Business Tell employees that their company issued electronic devices will be scrubbed or wiped in the event of termination and get written acknowledgement. Draft non-solicit and non-competes that provide that communications to clients on social networking sites, including but not limited to Facebook, LinkedIn and Twitter, will be deemed a solicitation in breach of covenants.Dewey & LeBoeuf LLP | 97 73. Breaking Up is Hard to Do Carol Bartz Quits Yahoo Board On Thursday, Bartz said, in a sassy interview with Fortune, that she was staying on as a director. Ms. Bartz is obligated to resign from the board and we expect her to do so, the boards spokesman said after the interview was published. She resigned the next day. After calling the board members doofuses who f-ked me over, we have to imagine any future board meetings would have gotten just a wee bit awkward.www.mogulite.comDewey & LeBoeuf LLP | 98 74. Genetic Information Nondiscrimination Act of 2008 (GINA) Illegal to discriminate against employees or applicants because of geneticinformation Employers may not use genetic information in making employmentdecisions and may not request, require or purchase genetic information Any employer that possesses genetic information about an employee mustmaintain such information in separate files; and must treat it as aconfidential medical record and may disclose it only under very limitedcircumstances Prohibition on requesting information defines request to include conducting an internet search on an individual in a way that is likely to result in a covered entity obtaining genetic information. 29 C.F.R. 1635 Safe harbor for inadvertent acquisition applies where employerinadvertently learns genetic information from a social media platformwhere he or she was given permission to access by the creator of theprofile at issue (e.g., a supervisor and employee are connected on a socialnetworking site and the employee provides family medical history on his page). 29 C.F.R. 1634Dewey & LeBoeuf LLP | 99 75. Guidelines for All Decide whether to permit/prohibit/limit or encourage blogging usingcompany resources or time Prohibit disclosure of trade secrets or confidential info and violationof harassment policies Direct employees to use disclaimers This post reflects my personal views, not those of the company Be careful about threatening disciplinary action for disparagingstatements; consider NLRA implications Have employees execute current confidentiality agreements andnon-disclosure agreements Review non-competes to address use of LinkedIn and other socialmedia sites to evade non-compete and non-solicit obligationsDewey & LeBoeuf LLP |100 76. E-Discovery and Privacy Sensitive personal information is everywhere Instant messages E-mails Text messages Online registrations Social networking All of these electronic records could be discoverable inlitigation, and could be monitored by an employer Privacy concerns are closely related to document management ande-discoveryDewey & LeBoeuf LLP |101 77. QUESTIONS?Dewey & LeBoeuf LLPdl.com 3077034.1 78. Offices WorldwideDewey & LeBoeuf LLPDewey & LeBoeuf LLP | 3077034.1103 79. Social Media 2.0 for Insurance Professionals:Maximizing Opportunities & Mitigating Risks in TodaysMarketplaceSocial Media Exposures:What are they and can we transferthis risk Paula Robertson, Vice President,Financial Practice Leader,Lockton Insurance Brokers, LLC 80. Insurance Industry Charitable FoundationSocial Media 2.0 for Insurance ProfessionalsNovember 9, 2011 L O C K T O N C O M P A N I E S, L L C 81. Insurance Industry Charitable Foundation Social Media 2.0 for Insurance ProfessionalsWHAT DOES WHY?HOW? IT MEAN? Whats the attraction How did we get here? Where do exposureswhen it comes tocome from?Social Media? What are yourexposures? Risk transfer toinsurancegsanfranciscooffice2011iicfsocialmediapresentation.pptx 106 82. What Does It Mean? Six Types of Social Media Social Content Collaborative Networking Communities ProjectsSitesVirtualVirtual Blogs andGame Social MicroblogsWorlds Worlds The term Social Media refers to the use of web-based and mobiletechnologies to turn communication into an interactive dialogue. Wikipedia gsanfranciscooffice2011iicfsocialmediapresentation.pptx107 83. What Does It Mean? Use of Social MediaPhotoBlogging SharingVideoMicro SharingBloggingPodcastsKey RSS Social Platforms MessageWidgets BoardsChat Social RoomsLoginNetworking Credentialsgsanfranciscooffice2011iicfsocialmediapresentation.pptx108 84. What Does It Mean? Exposures CreatedIntellectual Data Security/ PropertyPrivacy Infringement Personal InjuryTortsgsanfranciscooffice2011iicfsocialmediapresentation.pptx109 85. Exposures Created Intellectual Property Infringement Examples: Copyright Various Righthaven Lawsuits Trademark Second Life Direct and Vicarious LiabilityKey Word Advertising Personal Injury TortsExamples: Defamation Former Agriculture Department employeeLibel, slander, trade libelShirley Sherrods suit against Breitbart testslibel law Rights of Personality and PersonaIncluding: intrusion upon seclusion, publication of Kim Kardashian sues Old Navy over look alike private facts, false light or misappropriation of name ads or likeness; Eavesdropping and the News of the World Trespass, wrongful entry or Scandal (Murdochs News Corp.)eviction, eavesdropping, or other invasion of theright of private occupancy; Data Security/PrivacyExamples: Wrongful Collection of Information (failure to Facebookwhich lawsuit?disclose/obtain consent) Toysmart Not following your Terms of Use/ Privacy Policy Employers using Social Media to vet potential Fair Credit Reporting Act candidatesgsanfranciscooffice2011iicfsocialmediapresentation.pptx 110 86. Blended Errors and Omissions Liability Exposure Blended Errors and Omissions Liability ExposureData Security/Technology Media Privacy LiabilityMobile Terms ofWidgets/Plug-inFacebook/Cookies/Use andAppsfrom your Web Web siteBlogsCOPPA TwitterWeb-beaconPrivacy site Policygsanfranciscooffice2011iicfsocialmediapresentation.pptx111 87. Blended Errors and Omissions Insurance Policy Part 1 Blended Errors and OmissionsInsurance PolicyTechnologyMedia LiabilityIntellectual Tech Products Personal Injury Tech Services Property Mobile AppsTorts Infringementgsanfranciscooffice2011iicfsocialmediapresentation.pptx 112 88. Blended Errors and Omissions Liability Coverages Technology Liability and Miscellaneous Professional Liability ClaimExpenses and Damages emanating from a Wrongful Act (varies bymarket) in the performance of or failure to perform Technology Services oryour MPL Services (tailored by definition in the policy) Claim Expenses and Damages emanating from your Technology Productsfailure to perform or serve the purpose intended Media Liability ClaimExpenses and Damages emanating from Personal Injury Torts andIntellectual Property Infringement (except Patent Infringement) Claim Expenses and Damages emanating from Electronic Publishing (web-site)and some will provide coverage for all ways in which a company can utter anddisseminate mattergsanfranciscooffice2011iicfsocialmediapresentation.pptx 113 89. Blended Errors and Omissions Insurance Policy Part 2 Blended Errors and Omissions Insurance Policy Data Data Security/ Data Security/Privacy EventSecurity/ Privacy Expenses PrivacyRegulatory (Reimbursement) LiabilityPrivacy Settlements RegulatoryConsumer with theForensics,Suits From Proceeding,Class FTC, StateNotification Legal andCredit Yourincluding Defense ActionAGs, HHS, FFines and costs CostsPublic MonitoringCustomersSuitsINRA, SEC, Consumer Relations etc. Redress Fundsgsanfranciscooffice2011iicfsocialmediapresentation.pptx 114 90. Blended Errors and Omissions Liability Coverages Network Security Liability ClaimExpenses and Damages emanating from Network and non-Network security breaches Privacy Liability ClaimExpenses and Damages emanating from violation of a Privacy Tort, Law orRegulation Claim Expenses and Damages emanating from a violation of a law or regulationarising out of a Security Breach Privacy Regulatory Proceeding and Fines Claim expenses in connection with a Privacy Regulatory inquiry, investigation orproceeding Damages/Fines (varies by market) Consumer Redress Fund Privacy Regulations Fines and PCI Fines (varies by market)gsanfranciscooffice2011iicfsocialmediapresentation.pptx 115 91. Blended Errors and Omissions Liability Coverages Privacy Event Expense Reimbursement Expensereimbursement for third-party Forensics costs Public Relations costs Legal Expenses Mandatory Notification Costs (comply with Security Breach Notification Laws) Voluntary Notification Costs Credit Monitoring Call Center Extortion Payments Reasonableand necessary expenses and any funds or property paid (varies by company)gsanfranciscooffice2011iicfsocialmediapresentation.pptx 116 92. Data Security and Privacy Liability Insurance Marketplace Tailored insurance solutions based on your exposures No coverage/policy uniformity in the marketplaceCapacity $250M ($50M first-party network BI)gsanfranciscooffice2011iicfsocialmediapresentation.pptx117 93. Data Security and Privacy Liability Insurance Marketplace Two different approaches:Indemnity Reimbursement policies allow the insured to hire vendors (with consent from the carrier). Will vary by carrier and range from recommending vendors who can manage a data breach response to providing a risk transfer solution (reimbursement of privacy event expenses). Privacy event expenses are typically subject to a sub-limit and will erode the policy aggregate limit. Vendor Panels Automatic vendors provided by carriersestablished breach panels. Some carriers offer notification costs outside of the aggregate limit. Some carriers offer notification costs per affected individual rather than monetary sublimit .gsanfranciscooffice2011iicfsocialmediapresentation.pptx 118 94. Our Mission To be the worldwide value and service leader ininsurance brokerage, employee benefits, and risk managementOur Goal To be the best place to do business and to workwww.lockton.com 2011 Lockton, Inc. All rights reserved.Images 2011 Thinkstock. All rights reserved. 119 95. Social Media 2.0 for Insurance Professionals: Maximizing Opportunities & Mitigating Risks in Todays Marketplace Speakers PanelModerated by: Mitch Dunford, CEOWells Publishing 96. The Insurance Industry Charitable Foundation presents Social Media 2.0 for Insurance Professionals:Maximizing Opportunities & MitigatingRisks in Todays MarketplaceNovember 9, 2011In partnership with Title Sponsor: