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Utilizing Emojis in Law to Your Advantage

As emoji's become more common in our everyday lives it is important to understand how emoji's 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, as well as an overview of the challenges related to the discovery of emojis and utilizing emojis as evidence. The material 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.

84 minutes
Certificate of Completion
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Why Lorman?

Over 34 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
  • Smart Phones and Social Media Platforms Allow the Use of Emojis (Small Picture Characters or Pictographs or Pictoral Symbols) 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 Interpretation 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 34 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

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on October 31, 2019.

Call 1-866-352-9540 for further credit information.

  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • NM CLE 1.5
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit.
     
  • OR CLE 2.0 including practical skills 1.5
     
  • Approved for 2.0 CLE credits in Oregon, including practical skills for 1.50 hours.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 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 34 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.

Walter M. Foster, Esq.

Eckert Seamans Cherin & Mellott, LLC

  • Partner in the office of Eckert Seamans Cherin & Mellot, LLC in Boston, MA
  • Practice emphasizes all aspects of employment law, business litigation, municipal law, and pension law
  • Media coverage includes “Improved Equal Pay Law Bans Employers from Asking about Wage History,” WBUR Radio Boston (NPR), July 2018; “Lawmakers Help Ex-Logan Manager Revive 9/11 Disability Claim,” State House News Service, Boston, MA September 2018; “SJC Rules Ex-teacher Guilty in Child Porn Case Can Keep Pension,” The Boston Herald, August 2014
  • Speaking Engagements include: “Dartmouth College’s Future of Work Symposium: Design your Life” moderator, January 2019; “What Can I Ask During the Interview? Do’s and Don’t’s Under the Massachusettes Equal Pay Act,” Boston, May 2, 2018; Business Forum Practical HR Solutions, presented by the Middlesex Chamber of Commerce, May 31, 2017; “Employment Law Updates: Joint Employer, Non-Competes and the Rising Toll of Harassment Claims,” 2016 Annual Meeting of the Massachusetts Defense Lawyer Association, May 2016; “Conducting Workplace Investigations,” co-presented with Jean Heartl of Safety and Respect at Work, October 2015, October 2016, October 2017 and October 2018
  • Conducts regular seminars and workshops to assist business clients in designing policies that promote a professional work environment compliant with state and federal laws, as well as helping to reduce or prevent the incidence of disruptive employment-related claims including three-day seminar on how to conduct workplace investigations
  • Presented workshops for national based organizations on proper internal investigation claims
  • J.D. degree, Columbia University School of Law; B.A. degree, cum laude, Dartmouth College
  • Can be contacted at [email protected] or 617-342-6853
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Why Lorman?

Over 34 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.

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Product ID: 406438
Published 2019
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