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Sponsored by Lorman Education
Product ID: 406438EAU
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Utilizing Emojis in Law to Your Advantage

OnDemand Webinar (83 minutes)

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.


Walter M. Foster, Esq., Eckert Seamans Cherin & Mellott, LLC


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