Frequently Asked Questions

.Q1: Who established the new legal standards for social media?

A: The U.S. Supreme Court, lower courts, and federal and state agencies—such as the EEOC and FCC—have reclassified social media as a high-risk broadcasting platform. This change has led to a more stringent common law negligence standard, requiring updated policies and specialized liability training.

Q2: Why wasn’t this addressed in previous training?

A: Traditional social media training typically emphasizes marketing rather than legal liability. This gap has resulted in costly mistakes and personal liability exposure for employees. Most instructors also lack the legal expertise of a 33-year digital media attorney like myself.

Q3: Our policy is from a trusted source—why does it need updating?

A: Generic social media policies often fail to meet current federal legal standards. They tend to be too broad, overlook critical liability issues, and are rarely customized to an organization’s unique risks. Since courts now treat social media as a “high liability” area, expert-led liability training is essential for effective policy enforcement.



Q4: Doesn’t our E&O insurance cover social media issues?

A: Typically not. Courts frequently consider social media activity to be “intentional conduct,” which can exclude it from insurance coverage. Additionally, debts from intentional or malicious acts may not be dischargeable in bankruptcy, meaning you could be held personally responsible.