Gain an understanding of how emojis can be discovered, decoded, and used in law.
As symbols infiltrate communications in the workplace, sexual harassment and discrimination claims from co-workers who receive suggestive or ambiguous emojis proliferate. Emojis have the potential to disrupt the workforce, trigger lawsuits, and cost employers time and money. This topic will provide an overview of the use of emojis, including their different functions and emoji discrepancies across operating platforms. The material will include case studies of the misunderstandings caused by emojis, how courts have interpreted emojis and an overview of the challenges related to the discovery of emojis and utilizing emojis as evidence. The presentation will also include best practices for employers to avoid liability, including revising workplace policies and guidelines to include rules governing emojis in office communications and an overview of protecting emojis under trademark law.
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Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Overview - What Are Emojis and How Are They Used
- Emojis Are Now Part of Life-Even at Work
- Smartphones and Social Media Platforms Allow the Use of Emojis in the Same Way as Letters or Words
- There Are More Than 3,000 Emojis, and Research Shows That More Than 90 Percent of People Online Use Emojis, and One-Third of Them Use Them Daily
- Unicode vs. Non-Unicode Emojis; Distinguishing Emojis From Emoticons, GIFs, and Memes
- The Different Functions of Emojis (Substitution, Reinforcement, Mixed Message, Complement, Emphasis, Discourse Management)
- Emojis Have No Universal Definition and Are Highly Subjective; Different Cultural Interpretations of Emojis
How Emojis Create Liability in the Workplace
- 5 Emoji Mistakes to Avoid in the Workplace
- How to Address Harassment Allegations Involving Emojis-Discussion of Recent Case Law as Well as Sample Case Studies
- Challenges in Discovery, Use of Emojis in the Courtroom, and Utilizing Emojis as Evidence
- Best Practices for Employers
Trademarks in Emojis
- How Emojis Are Trademarked and How That Restricts Their Use
- How and Who Can Use Emojis
- Emoji Discrepancies Based on Different Devices, Operating Platforms, and Operating Systems
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on January 19, 2023.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.0
- Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.1
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours credit.
- AR CLE 1.0
- This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0 including Technology in the Practice of Law 1
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit, of which includes Technology in the Practice of Law for 1.00 hour.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- GA CLE 1.0
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- ND CLE 1.0
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hours of CLE credit.
- NH MCLE 1.1
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 65 Minutes.
- NM CLE 1.0
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.0 hours of credit.
- NV CLE 1.0
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
- OR CLE 1.0 including practical skills 1
- Approved for 1.0 CLE credits in Oregon, including practical skills for 1.00 hour.
- RI CLE 1.0
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
- VT CLE 1.0
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.0
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit under the Law & Legal Procedure category.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Walter M. Foster, Esq.
Eckert Seamans Cherin & Mellott, LLC
- Member of Eckert Seamans Cherin & Mellott, LLC in the firm’s Boston, MA office
- Designated as a Massachusetts Super Lawyer, practicing attorney for 36 years
- Practice emphasizes all aspects of employment law, business litigation, anti-discrimination and workplace policies, and training in the workplace
- Prior Assistant Attorney General for Massachusetts
- Prior Head of the Massachusetts Bay Transportation Authority’s Employment Law Division
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Why Lorman?
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