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Utilizing Emojis in Law to Your Advantage

 

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.

Agenda

Faculty

Walter M. Foster, Esq.

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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