Social media has become one of the biggest and best ways for companies to advertise to their customers and generate new customers. Even smaller companies blast tens or hundreds of messages per week. But who is in charge of monitoring what is said, how it is said, and the legality of what is said? Do all companies have their lawyers reviewing this content? Likely not.
For a large company with an in-house legal department, procedures are often already in place where the legal department routinely conducts a comprehensive review of each piece of advertising and social media content before it is placed into the cyber world for all its customers and potential customers to see. For a small company, this is often not the case.
For many small companies, an internal marketing department is tasked with creating, reviewing, editing and sending out social media and advertising content. Yet, this department may or may not have the legal expertise to ensure that the company avoids claims that another party may construe as false advertising or claims that require legal substantiation under Federal or state law. Further, the company must ensure that their trademark and copyright denotations are used correctly and that the use of any other company’s intellectual property, if applicable, is used with permission or under license. Finally, the company must display all necessary disclaimers. These are just some of the issues that may arise without proper legal review of advertising and social media pieces. No company is shielded from liability that could arise as a result of such advertising and social media communications. With the right steps, companies can utilize an intellectual property lawyer to effectively and easily establish a quick review system in order to reduce their risk and exposure concerning advertising and social media content.
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DISCLAIMER: This blog post is INFORMATIONAL ONLY, and DOES NOT CONSITUTE LEGAL ADVICE. No company should rely on this or any Levin Ginsburg blog entry or press release as legal advice, as it DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP with any client or potential client. For individualized legal advice, please call Levin Ginsburg and inquire about representation.