Posts Tagged ‘legal’

7 Tips For Getting Legal Approval on Social Media Programs

I don’t think it matters which form of communications you work in; “legal” often seems to be a pain point. It’s not surprising — their job is to manage risk for the organization, and public-facing communications activities (especially two-way ones) naturally offer an element of uncertainty. There’s a natural tension between the two.

Last night I spoke on a panel for the American Marketing Association on the topic of “How to launch and implement a social media initiative.” One of the questions revolved around whether panelists had encountered problems with legal departments when introducing social media initiatives. I thought I’d share some tips I offered the audience there for working with your (or clients’) legal departments, to make the process smoother.

Here are seven tips for working with your legal team:

  1. Tie back to organizational objectives: Show how the program you’re trying to implement ties-in to business objectives, and help to educate the legal team on the strategy behind your proposal.
  2. Educate your legal team: Don’t just throw something new and uncertain like social media at them “cold”; walk them through what you’re doing, why you’re doing it and show them best practices that have been established.
  3. Show them how you’re reducing risk: Walk the legal team through the ways you’re working to reduce risk on the project. If you’re looking to leverage user-generated content, show how you’re going to moderate it; if you’re empowering employees to engage online, show them the policy and guidelines you’ve created to frame it; etc.
  4. Loop them in early: No-one likes to be blind-sided last minute. Loop your legal team in early, to ensure you’re aware of potential concerns and are able to manage around them (the same goes for IT, HR and any other stakeholders).
  5. Give them case studies: The legal system revolves around precedents. Your lawyers are likely to respond well to examples of how other organizations have done similar things successfully (and trouble-free) in the past. If other people have blazed the trail ahead of you, show them.
  6. Draw lines around roles: Clearly frame the role that stakeholders have in your program, ahead of time. Your legal team doesn’t need to be editing your text for style; they need to be working to minimize risk for the organization. Make sure everyone is aware of that role, and reinforce it if necessary.
  7. Be their friend: This pointer came from Eliot Johnson – one of the other panelists: become friends with your legal team. Many people wrongly treat “legal” as the opposition, when they’re just trying to do their jobs. Work with them, not against them, and you’ll find that things go much more smoothly.
What do you think?

Four Questions To Ask Before Suing Bloggers

TechCrunch‘s Michael Arrington wrote recently about a company that has sued TechCrunch "out of spite," laying into the people filing the suit using words like "absurd" and "frivolous" while threatening a countersuit.

Unlike Arrington I’m not a lawyer, so I’m not going to talk about the merits of individual cases. In fact, I’m going to set this particular case aside entirely. Instead, while remembering that every situation is unique, here are some things to think about from a communications perspective before you rush to take legal action against a blogger.

Are you prepared for negative coverage?

The odds are high that are the blogger has done already said something to upset you if you’re considering taking legal action. Be prepared, though, for even more negative coverage if you go ahead and take legal action. If the blogger does go public about the suit, the odds are high that it will get more attention than what they originally said about you. You also run the risk of being seen as the big company bullying "the little guy."

Arrington’s post, for example, has 131 comments and eight trackbacks (meaning eight other people have written about it) just a few hours after posting. Very few bloggers have the readership and reach of TechCrunch, but it serves as a useful reminder.

What’s more, remember that once legal action begins your communications options will likely become more limited, too, as it can be tough to get any communications past the lawyers and out to customers on the topic. Governments suffer greatly from this — once legal action begins, their lawyers effectively shut down any avenues of public communication on that topic. As a result, while governments often win lawsuits, they usually lose in terms of public opinion.

Is it really a problem?

Yes, you should feel that you can defend your intellectual property rights, your brand, your reputation and so on. Before rushing to a knee-jerk response, consider whether this is really a problem.

Does it matter that someone has posted your copyrighted ad on YouTube, or does it mean that a few more people will see your advertising? How many people are really going to see that scathing review of your company or will it be buried on page 100 of Google’s results?

This is where the experience and knowledge of a communications professional can come in. Anyone can run a Google search to see what people are saying about you (ok, our social media monitoring is a touch more complex than that, but moving on…) but you can benefit from a professional with the experience to tell you whether you should ignore issues, respond to them, address them on your own turf, or consider legal action or other approaches.

Will legal action solve the problem?

Will legal action solve your problem?

By this I mean, is this problem deeper than one case? If someone has a genuine issue with your company, might fixing the problem (especially if other people might experience it too) be better than confronting the person complaining or attacking you for it?

Can you work with them rather than against them?

This line of thinking is similar in a way to the previous question: can you reach out to your detractors and work with them to improve your business?

Dell (who I find myself continually citing when it comes to social media) does this well – not only does it respond to both positive and negative online comments, but its IdeaStorm website lets people put forward their own ideas for the community to vote on. The result: negative sentiment online reduced by more than half.

Conclusion

Of course, there’s another side to this coin — I’m not a lawyer, so get advice from them too. Just bear these questions in mind alongside that advice. Remember, while lawyers may think about the particular issue in question, they may not consider the long-term implications for your company’s fragile brand reputation, which you’ve spent years building-up.

What other questions would you consider in situations like this?