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ICYMI: Amy Berge Talks Business and Legal Risks of Social Media Campaigns

In this month’s Louisville Business First Legal Forum Column, BGD partner Amy B. Berge discusses the legal issues businesses should consider when developing a social media marketing strategy. 

Read her advice below, and don’t miss our monthly Legal Forum Column in your copy of Louisville Business First! 


Our company is getting ready to launch its first social media campaign. What legal issues do we need to consider?


Social media has become mainstream and, some argue, essential to marketing. But it can be scary to take that first step. The benefits of social media can be enormous, but the inability to fully control the message involves business and legal risks. The best approach is to be informed of the issues impacting your business and develop a policy with input from marketing, HR, IT and legal counsel as to how you will implement and monitor programs to mitigate risks. 

There is a patchwork of applicable federal and state laws. Some laws (e.g., CAN-SPAM, trademark, copyright) apply to all businesses, while others have more limited application. For example, businesses related to health care, financial services and products marketed to children have their own set of rules. Your plan should also cover ways to safeguard the company’s confidential information and privacy of individuals, and how to respond to derogatory posts to avoid defamation and other claims.

To view the latest Legal Forum Column, please click here.



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