Recently, a client asked me to review some advertising copy, something I had not done for several years. It got me thinking about how much I always liked working with the marketing team when I was an in-house lawyer. They are the “cool kids” at most companies; fun, sophisticated, and always handing out the best snacks. And, they have lots of good swag to give away too. More importantly, they bring a shit load of legal issues to the table which, depending on your point of view, can be a positive or a negative. I tend to be a glass-half-full guy so I took all the crazy the marketing team could deliver as an opportunity to hone my skills (and maybe nab a free t-shirt, coffee mug, or Travelocity Gnome). And, since I knew nothing about marketing or advertising law when I started in-house, it was a chance to learn something new – which is always a positive in my book. After a rough start, I came to appreciate that “marketing law” covers a lot of ground, touching a host of legal issues. Because of that, all in-house lawyers should have a basic understanding of the different facets (and how the legal department can best help the business navigate the problem areas). Not sure what I am talking about? Well, read on! This edition of “Ten Things” discusses what in-house lawyers need to know about marketing law:
NAD
Ten Things: Protecting Your Company’s Reputation and Brand
It’s a nice spring Friday morning. You arrived at the office earlier than usual and are settling into your chair with a big cup of coffee. You are expecting a slow day and want to catch up on some legal articles and other administrative items and then hopefully leave early to get a head start on a peaceful weekend. Then the phone rings. It’s the CEO and she is very upset. Someone has posted very negative and untrue things about the company on a consumer complaint website and she wants you to do something about it. Now. Then your instant messenger box pops up. It’s the head of HR and she’s asking you to call her immediately because an employee has just tweeted something “really stupid” on the company’s Twitter account and it’s about to blow up in the media and she needs your advice ASAP. At the same time, you glance at your email and see “Urgent – someone’s illegally using our trademarks!” in the subject line of an email from Bart in marketing. You put your coffee mug down, rub your face, and realize you are not going to be heading out early or catching up on any articles today.
While the early morning “perfect storm” scenario described above is unlikely to occur, things can go sideways very quickly when someone launches attacks on your company’s reputation and brand. This is especially true in these days of 24/7 media and the “Wild West” of the Internet and social media. One of the most important jobs in-house counsel has is to protect your company’s reputation and brand. Why? Because customers won’t buy from a company they don’t like, investors do not invest in companies that have bad reputations or cannot protect their brands, and employees do not want to work for a company they don’t feel good about. If it’s bad enough, a hit to the brand or reputation can cost the company multi-millions of dollars. This edition of Ten Things will discuss steps you can take now to prepare for and defend against attacks on your company’s brand and reputation.
Ten Things You Need to Know as In-House Counsel® 