Spross & Associates, PLLC

Things to Keep in Mind for Blog Postings

Below is a short list of items that you should keep in mind when making corporate blog postings.

• Postings must NOT contain any confidential or proprietary information.
• Postings must be truthful and accurate.
• Postings must not contain any forward looking statements or other marketing/PR material that has not been approved for release.
• Ensure accuracy of your information before posting.  If necessary, have an additional person review the information.
• Write your posts in a way that is easy to read.  Use conversational style, but be sensitive to the ability of other cultures to understand idioms and pop culture references.
• Be professional and courteous at all times in both language and manner.

Why Should Lawyers Review Press Releases?

It’s a good idea to have legal counsel review all press releases, including third party press releases where you are quoted, prior to their public issuance.  Why?  There are several “hidden dangers” that could come back to haunt you later, in the form of a lawsuit or loss of goodwill for your company.

 

So what do lawyers look for in reviewing a press release?  First, a sweep of the press release for trademark and branding inaccuracies is a good idea.  Each trademark or brand should have the appropriate trademark symbol and identifying noun, and be used correctly (i.e. as an adjective, rather than a noun, not used in the possessive, etc.).  This will help preserve your trademarks and brands as valuable corporate assets.

 

Next, lawyers focus on substantiation of claims made in the press release and avoiding misleading statements.  The rationale for this type of review is that consumers don’t have the resources to conduct the necessary tests or investigations to determine whether a claim is true, so the burden is placed on the company making the claim.

 

The press release is also reviewed for comparative advertising claims.  This is important because there are particular guidelines to follow when comparing competing products.  And, in some countries, comparative advertising is illegal (for instance much of

Asia

).

 

The bottom line: share your good news with the public while protecting your company’s assets and goodwill.

Why Should Attorneys Review Press Releases?

It’s a good idea to have legal counsel review all press releases, including third party press releases where you are quoted, prior to their public issuance.  Why?  There are several “hidden dangers” that could come back to haunt you later, in the form of a lawsuit or loss of goodwill for your company.

So what do lawyers look for in reviewing a press release?  First, a sweep of the press release for trademark and branding inaccuracies is a good idea.  Each trademark or brand should have the appropriate trademark symbol and identifying noun, and be used correctly (i.e. as an adjective, rather than a noun, not used in the possessive, etc.).  This will help preserve your trademarks and brands as valuable corporate assets.

Next, lawyers focus on substantiation of claims made in the press release and avoiding misleading statements.  The rationale for this type of review is that consumers don’t have the resources to conduct the necessary tests or investigations to determine whether a claim is true, so the burden is placed on the company making the claim.

The press release is also reviewed for comparative advertising claims.  This is important because there are particular guidelines to follow when comparing competing products.  And, in some countries, comparative advertising is illegal, for instance China.

The bottom line: share your good news with the public while protecting your company’s assets and goodwill.