Advertising

Clorox looks to Hire an In-House Social Media Attorney

by Fred Abramson on January 26, 2010

According to AdAge, Clorox is seeking a full-time in-house legal counsel who will focus on social media. Clorox is looking for a lawyer who would help them avoid legal issues,  such as when Toyota and its ad agency Saatchi and Saatchi  improperly used photographs without permission in a social media campaign.

Of course, they could avoid hiring an in house attorney by retaining my law office, but that is their problem.

Here is the job description as per the Clorox website:

Position Summary:

Reporting to the Associate General Counsel, Regulatory, this Corporate Counsel position will (i) provide legal counsel to the Company’s Marketing group for the clearance and procurement of intellectual property rights relating to production and distribution of advertising, including copyright, music and video licensing, talent rights, privacy rights, and SAG and AFTRA issues, among other things; (ii) draft and negotiate marketing-related agreements for all business units, including celebrity talent contracts, promotional agreements, agency agreements and media buying agreements; (iii) provide counsel relating to consumer privacy issues; and provide legal support in other areas as needed.
Key Responsibilities:

  • Provide legal counsel to business partners on managing and securing advertising content, especially as it relates to social media and other Web 2.0 executions, TV and radio, including copyright, unfair competition, rights of privacy and publicity, music and video licensing, use of stock photography and stock footage and other intellectual property and rights management issues.
  • Provide legal counsel to business partners on matters involving the complex provisions and implications of the Screen Actors Guild, the American Federation of Television and Radio Artists, the American Federation of Music, ACTRA (National Commercial Agreement/Canada) and other advertising and entertainment industry collective bargaining agreements.
  • Draft and negotiate a wide variety of marketing-related agreements, including agency/client agreements, media buying agreements, celebrity talent contracts, music licenses, commercial production agreements and other agreements relating to the advertising, marketing and promotions across various multi-media platforms.
  • Develop and maintain internal processes with marketing communications team to ensure timely delivery of content and compliance with relevant laws and regulations.
  • Provide legal counsel regarding consumer privacy laws and issues, including those arising from collection and maintenance of personally identifiable information.
  • Develop and conduct legal training for business partners in areas of expertise.
  • Partner with assigned businesses and/or functions to help with business strategies, goals and operations and process improvements.
  • Provide coaching and mentoring to other attorneys and paralegals in the department in areas of expertise. Advise on other legal matters, as designated by manager.
  • Work with Legal Services leadership, other attorneys and staff on departmental administrative matters.

Minimum Requirements:
Years and Type of Experience:

  • 4-7 years of experience as a practicing attorney; required experience and knowledge of marketing and advertising law, specifically with respect to negotiating, securing and clearing intellectual property rights for advertising (including all forms of social media) and counseling on talent rights matters.  Both outside and in-house experience in these areas is preferred.
  • Experience in consumer privacy laws issues preferred.

Skills and Abilities:

  • Ability to work independently on legal matters for assigned substantive areas with the oversight of more senior attorneys.
  • Broad range of relevant legal experience, the ability to identify prioritize and resolve critical legal issues in real time.
  • Ability to identify and use the most efficient and effective legal resources to complete the work in a timely and cost effective manner.
  • Unquestioned personal integrity; seen as a role model for ethical principles and values of the Company and practices required by law.
  • Excellent interpersonal and communication skills.
  • Ability to work well in a matrixed organization and interact with and command respect from Company employees.
  • Excellent judgment, communication and listening skills.
  • Ability to handle sensitive and confidential information.
  • Excellent execution and organizational skills and attention to detail.
  • Urgency and results focus to ensure timely and appropriate response to issues raised.
  • Firmness and courage to confront issues at every level.
  • Strong skills in leadership – the ability to drive and lead while working with legal and technical staffs.
  • Strong ability to influence, provide points of views, and to listen.
  • Strong decision making and problem solving skills.
  • Some travel may be required
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FTC Rules for Bloggers governing testimonials

by Fred Abramson on November 9, 2009

In early October, the FTC published its guidelines governing testimonials. The main purpose of these new guidelines is to protect the public from hidden endorsements.

Many bloggers are paid by advertisers to write about a product.  If you are a tech blogger and you were handed a shiny Droid phone by Verizon to blog about its new camera, you are now required to disclose that relationship.  The new guidelines  have  teeth, with fines of up to $11,000 for not disclosing payments. How are bloggers and advertisers able to protect themselves from an unwanted legal action?

ADVERTISERS AND BLOGGERS NEED A WRITTEN AGREEMENT

If you are an advertiser and you pay bloggers to review and report on your product and services, you must develop an agreement with the blogger that mirrors the guidelines of the FTC rules.  The agreement should:

  • Prohibit them from  against making baseless claims about the service or product;
  • Require the blogger to disclose the connection between the advertiser and the blog owner. A tech blogger must disclose in its review of the Droid smartphone that it received the Droid for free.

THE ADVERTISER MUST MONITOR THE WORK OF THE BLOGGER

  • The advertiser should also set up a Google Alert,  follow the blogger on all social media and constantly review the blog posts to make sure that the blogger complies with the FTC rules.

MONITOR YOUR EMPLOYEES

  • A company is also responsible for what their employees disseminate on social media.   Companies must have their employees disclose that they work for them in any reviews.  You can also prohibit your employees from reviewing any of your products.

BE TRUTHFUL

This may appear obvious, but both bloggers and advertisers now have an affirmative duty not to mislead or make a statement about the product that his untrue. Bloggers now have to perform due diligence about the product before posting.  Bloggers now must review the product in an unbiased manner.

What do you think of the new FTC rules?  Are they necessary?  How do you think they will be enforced?

The Law Office of Frederic R. Abramson drafts agreements between bloggers and advertisers.  For more information, contact me at 212-233-0666

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