TEN THINGS: PROTECTING YOUR COMPANY’S REPUTATION AND BRAND

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.

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   While it was done as a ribbing of the Dallas Mavericks (and I am a huge Mavericks fan who took it exactly that way), it was not well received by the general public.  The employee was fired and many lessons were once again learned about how humor does not always translate well outside the walls of the company.  There are many other examples out there that you can use to train and remind your own employees about the risks of a poorly worded or poorly thought out Tweet.  Remember, however, that your social media policy must make exceptions and be clear around what employees may write on their personal social media accounts about the company so as to comply with recent guidance from the NLRB.  Here are some examples of top-notch social media policies.

   4.  

      Instead of blasting off a legal bazooka, the in-house attorney stole a line from the movie “Road House” and was “nice.”

      Not only did the nice letter (click on letter to enlarge) solve the problem without further effort or expenditure by the company, it helped foster the brand of Jack Daniel’s in a positive manner.   It is also a reminder that whatever “cease and desist” letter you send out will likely find its way online.  And sometimes that is not a good thing.  In fact, you may make the Hall of Shame.

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         Sterling Miller

         May 15, 2015

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