The Filipino Lawyer: Legal Trends

What Is A Business Lawyer?

August 30, 2016 Tech Support • 0

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By Atty. Apollo X.C.S. Sangalang 
 
I get mixed reactions every time I introduce myself as a BUSINESS LAWYER. "Oh, you mean corporate lawyer, right?" or something like that is the usual reply. Some would ask me directly "what's a business lawyer?" or "what does a business lawyer do?" I kind of like the introduction because it's a good opener. It's an effective way to start a conversation. However,
 there are plenty of occasions when I don't have the luxury of time for a
 conversation or even for small talk. And somehow I feel sort of 
misunderstood because people don't really understand what it is that I 
do as a lawyer. Luckily, I came across a great article written by
 business lawyer Joe Kafrouni while I was trying to find references for 
my own article on the subject. Then, I said to myself I'll just "share" 
Joe's article to people who might be interested in knowing what a 
business lawyer is, and what a business lawyer do. Joe Kafrouni says it best, "...a
 good business lawyer helps business people with the laws that apply to 
their businesses. It's the role of the business lawyer to guide and 
protect their clients - who are business owners and managers - so that 
they can get on with what they do best, run their business."   So, is a business lawyer the same as a "corporate lawyer"? In
 many ways, they are. But the primary areas of focus of business lawyers
 are the laws applicable to "small businesses". That's why in the U.S., 
business lawyers are also called "small business attorneys". In the 
Philippines, small business is synonymous to our SMEs or small and medium enterprises. Let's read the rest of Joe's article: 
<blockquote>
WHAT DOES A GOOD BUSINESS LAWYER DO? By Joe Kafrouni What does a good business lawyer or good commercial lawyer do? 
Negotiating
 a business deal; formalising it in writing with a tight contract; 
determining business goals and strategising on how to best achieve them;
 resolving a dispute between people doing business; studying complex 
laws applying to business and simplifying then for business owners; 
identifying risk and protecting businesses from them – these are the 
things a good business lawyer does in a typical day. 
 
To
 put it simply, a good business lawyer helps business people with the 
laws that apply to their business. It is the role of the business lawyer
 to guide and protect their clients – who are business owners or 
managers – so that they can get on with what they do best, run their 
business. It is often with the intimate involvement of a business 
lawyer in a business that the business owner will have the greatest 
chance to succeed. 
 
The relationship between <a href="https://www.facebook.com/legalcoach/notes#" role="button">lawyers</a> and
 business owners vary. Sometimes, a business owner will only see their 
lawyer when there is a problem in the business. Or sometimes only when 
an issue, such as the need to prepare a contract, becomes urgent. 
However, the best relationships are when the lawyer and the business 
owner work together to avoid problems occurring and deal with issues 
before they are ‘urgent’ and therefore rushed. This type of 
representation is referred to as ‘proactive’ or ‘preventative’. 
 
Therefore,
 it is important that a good lawyer be viewed as part of the management 
team of the business. For this to occur, the business lawyer must do 
more than just understand the laws that apply to business. They must 
understand a great deal about their client and their clients business 
and industry. It is also crucial that the client is comfortable talking 
to their commercial lawyer about everything concerning their business. 
There must be no barrier to communication. 
 
The factors outlined above are more than ‘what is a business lawyer’. It relates to what is a ‘good’ business lawyer. 
 </blockquote>
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<blockquote>

Let’s
 look at an example of what legal work we have performed for a 
particular business person over the last year. Let’s call this client 
‘Secure Sally’. Secure Sally owns a public relations business. At the 
beginning of the year when we began to represent Secure Sally, we went 
to her offices in New Farm to see first hand her business operations. 
This gave us a much greater insight into her business than if she had 
come to see me at my offices. She showed us around, explained the work 
that her company does and introduced me to her partners; staff and even a
 client that was there at the time. She made us a coffee and told me 
some great stories about how she had made it to where she is today and 
what her goals are for the future. 
 
It has to be 
understood that most of the time business owners feel most comfortable 
in their own environment. Because of this, and the fact we were very 
interested in what she had to say, she told us more about her partners, 
her employee, customers, suppliers and competitors. 
 
All
 this information will help us do our job properly. Secure Sally was a 
nice lady – very ambitious and hardworking. We were able to make her 
recognise the value of a good business lawyer to her business.  
 
Doing
 things right the first time and taking precautions against unnecessary 
risk could cost her thousands of dollars in legal fees – but she could 
see that if all this effort saved her from one dispute this would 
probably more than make up for it. 
 
So what have we done for Secure Sally over the last year? 
<ul>
<li>we
 looked at her business structure with her accountant to make sure she 
did not pay more tax than she had to and to keep her assets safe in case
 someone should sue her;</li>
<li>we prepared a partnership agreement between her and her partners;</li>
<li>we advised her on a lucrative contract she won from a company and negotiated some changes she wanted;</li>
<li>we advised her on the laws of employment and whether she could ‘sack’ an employee for continually coming in late to work;</li>
<li>we prepared an employment agreement for her that was signed by her staff;</li>
<li>we
 prepared a policy for her business that deals with issues concerning 
anti discrimination, harassment and bullying in her workplace;</li>
<li>She
 needed to disclose confidential information to a consultant so we 
prepared a confidentiality agreement making sure the information is 
protected;</li>
<li>we also prepared a consultancy agreement with her IT 
specialist setting out what he must do and how much she was going to pay
 him;</li>
<li>She had a customer that didn’t pay their bill. We chased it for her until it was paid;</li>
<li>She
 was charged with an offence under the Trade Practices Act in relation 
to misleading and deceptive conduct. She made an incorrect statement in 
an ad for one of her customers about their competitor. We defended her.</li>
</ul>
These are some examples of the types of things a good business lawyer does and ways in which we regularly help our clients. 
 
What to do next: 
 
If you need a business or commercial lawyer, call Joe Kafrouni on (07) 3354 8888 to discuss you needs and how we can help. 
 
Disclaimer 
 
The information provided by Kafrouni<a href="https://www.facebook.com/legalcoach/notes#" role="button">Lawyers</a> is
 intended to provide general information and is not legal advice or a 
substitute for it. Business owners should always consult their own legal
 advisors to discuss their particular circumstances. Kafrouni <a href="https://www.facebook.com/legalcoach/notes#" role="button">Lawyers</a>makes
 no warranties or representations regarding the information and exclude 
any liability which may arise as a result of the use of this 
information. This information is the copyright of Kafrouni<a href="https://www.facebook.com/legalcoach/notes#" role="button">Lawyers</a>.</blockquote>
 
This entry was posted in <a href="https://www.facebook.com/legalcoach/notes#" role="button">Business Disputes</a>, <a href="https://www.facebook.com/legalcoach/notes#" role="button">Business Improvement</a>, <a href="https://www.facebook.com/legalcoach/notes#" role="button">Business Owners & Managers</a>, <a href="https://www.facebook.com/legalcoach/notes#" role="button">Contracts & Negotiations</a>, <a href="https://www.facebook.com/legalcoach/notes#" role="button">Legal Compliance</a>, <a href="https://www.facebook.com/legalcoach/notes#" role="button">Risk Management</a>, <a href="https://www.facebook.com/legalcoach/notes#" role="button">Starting a Business</a> by <a href="https://www.facebook.com/legalcoach/notes#" role="button">Joe Kafrouni</a>. Bookmark the <a href="https://www.facebook.com/legalcoach/notes#" role="button">permalink</a>. 
 
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By Atty. Apollo X.C.S. Sangalang I get mixed reactions every time I introduce myself as a BUSINESS LAWYER. " Oh, you mean corporate...

Expelled INC minister's lawyer faces disbarment charges

November 10, 2015 Admin 0

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The legal counsel of an expelled Iglesia ni Cristo (INC) minister is facing disbarment charges before the Supreme Court. 
 
Trixie Angeles, the lawyer of expelled INC minister Lowell Menorca and his wife Jinky, allegedly violated her oath as a lawyer for "continuously detaining" her clients' househelp, Abegail Yanson. 
 
Roselie Yanson, the mother of Abegail, filed a five-page complaint-affidavit against the lawyer, citing that she also violated the Code of Professional Responsibility. 
 
"[A]ttorney Angeles knew that the Menorcas are detaining Abegail Yanson against her will for the purpose of using her testimony against INC," the complaint read. 
 
The complaint noted that Angeles assisted the Menorcas in preventing the complainant from being with her daughter. 
 
The elder Yanson narrated that incident inside the session hall of the Court of Appeals (CA) on Tuesday when the proceedings for the habeas corpus and amparo petitions had been suspended. 
 
The complainant said that her daughter showed obvious signs of intense fear upon entering the session hall with the Menorcas. Abegail was also tightly guarded by uniformed guards. 
 
Rosalie said was able to hug her daughter but Angeles, the Menorcas and the guards, forcibly pulled her away. 
 
Angeles allegedly lied before the CA when she narrated a different version of the said incident. 
 
"It is but imperative that she be disbarred from the Roll of Attorneys. Her actuations and conduct clearly fall short of the high standard of moral and professional character required of lawyers," the complaint said. 
 
Meanwhile, Angeles said that it is best for Abegail to respond to the said issue as she is the alleged victim. 
 
"I'm fairly sure she will do so soon enough," Angeles said. 
 
Source: <a href="http://www.philstar.com/headlines/2015/11/06/1519050/expelled-inc-ministers-lawyer-faces-disbarment-charges">http://www.philstar.com/headlines/2015/11/06/1519050/expelled-inc-ministers-lawyer-faces-disbarment-charges</a> 
By: Patricia Lourdes Viray 
 
 
 
 
 
 
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Culture Legal Trends News Expelled INC minister's lawyer faces disbarment charges

The legal counsel of an expelled Iglesia ni Cristo (INC) minister is facing disbarment charges before the Supreme Court. Trixie Angeles,...

How to avoid falling prey to 'tanim bala' scheme

November 10, 2015 Admin 0

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Numerous passengers — foreigners included —  have been complaining in the recent weeks of being framed for possession of live ammunition in their luggage in various Philippine airports. 
 
The Philippine National Police-Aviation Security Group (PNP-AVSeG) recorded 30 alleged cases of "tanim bala" [planting of bullets in luggage] or "laglag bala" [dropping of bullets in luggage] from January to November 2015, while the Manila International Airport Authority (MIAA) recorded five alleged cases in the past two weeks. 
 
Presidential Communications Operations Office (PCOO) Secretary Herminio Coloma Jr. earlier called the reported cases as isolated, but he said the government was investigating the matter. 
 
The "tanim bala" scheme allegedly involves airport security officials who plant live ammunition in order to extort an exorbitant amount of money from the passenger caught with the planted bullet inside their luggage. 
 
Under Republic Act 10591, it's unlawful for anyone to possess or buy firearms and ammunition without the license to do so. 
 
To avoid falling prey to the "tanim bala" scheme, Joseph Plazo of Plazo Associates Law shared his tips as a lawyer on how you can protect your luggage and how you can practice your legal rights if you become a victim of the alleged scam. 
 
Use hard-case luggage, avoid bags that have external pockets 
Some concerned citizens have posted videos of how easy it is to pry open the zippers of a padlocked luggage; all it will need is a ballpoint pen to dislodge the zipper to open the bag with locks and you won't even know that your luggage was tampered. 
 
Plazo advised travelers to choose a hard-case luggage sealed with heavy-duty padlocks, so the passenger would easily know if their bags had been tampered. 
 
He also suggested using luggage without external pockets. If it has external pockets — no matter how small or seemingly hidden — don't forget to secure it with heavy-duty padlocks. 
 
Wrap your entire luggage in cling wrap 
If you already have a luggage that is not a hard case, you can still opt to use it, but add a tightly-wrapped layer of cling wrap around your luggage for safety. 
 
"Wrap the entire bag in plastic. The shrink wrap makes sticking in a bullet difficult," he said. 
 
MIAA spokesperson Dave de Castro said that a new service to wrap travelers' bags is now available at airport terminals and a numbers of passengers had already availed of the service. 
 
Let the officials go through your bag — but only in the presence of witnesses, a lawyer, and official's supervisor 
Eric Apolonio, spokesperson of the Civil Aeronautics Association of the Philippines (CAAP), advised travelers to keep an eye on their luggage at all times, even as it goes through the airport security X-ray and walk-through metal detectors. 
 
If an airport security employee claims to have seen a bullet in the X-ray of your luggage and insists that you are carrying contraband and proceeds to open your bag, Plazo said that you have the right to delay the opening of your bag until your lawyer, the airport official's supervisor, or third-party witnesses arrive. 
 
When your lawyer, the official's supervisor, and witnesses are already with you, open the locks of your bag, and let the airport officials take it from there. 
 
Plazo stressed that you should let the airport official go through the contents of your bag and find the alleged bullet seen in the X-ray, adding that if the bullets were planted, it will not bear your fingerprints. 
 
"A bullet with none of your fingerprints sheds reasonable doubt on the possession of the said item," Plazo said. 
 
You have the right to remain silent 
Section 12 of the Philippine Bill of Rights in the 1987 Constitution clearly states that you have the right to remain silent. 
 
Plazo added that, if the airport officials demand you to admit that you own the bullet found in your luggage, you can stand by your right to remain silent and that any admission you might be forced to make without the presence of a lawyer would be inadmissible in court. 
 
Know your legal rights 
Plazo reminded air passengers that no police officer can set bail, as only judges are empowered by law to set bail. 
 
"Corrupt officials may say: 'Sir, you simply have to pay [extortion amount here], and we'll let you go.' This is a trap," Plazo said. 
 
Public officers proved to have violated the Anti-Graft and Corrupt Practices Act RA 3019 will be punished by a fine or imprisonment. 
 
If the airport officials detain you arbitrarily, Plazo said you have ammunition to fight back by filing a petition for a writ of habeas corpus or a complaint of arbitrary detention. 
 
"Habeas corpus is a legal proceeding to obtain liberty. The remedy is proper where the rogue authorities have no probable cause nor basis to hold you, while arbitrary detention is a crime equivalent to illegal detention, more popularly known as kidnapping," Plazo stated. 
 
CNN Philippines' Kristine de Guzman and Gerg Cahiles contributed to this report. 
 
Source: <a href="http://cnnphilippines.com/news/2015/11/02/How-to-avoid-being-a-victim-of-tanim-bala-laglag-bala-scam-airport-extortion-scheme.html">http://cnnphilippines.com/news/2015/11/02/How-to-avoid-being-a-victim-of-tanim-bala-laglag-bala-scam-airport-extortion-scheme.html</a> 
By: Lara Tan 
 
 
 
 
 
 
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Culture Legal Trends News Scene-Events How to avoid falling prey to 'tanim bala' scheme

Numerous passengers — foreigners included — have been complaining in the recent weeks of being framed for possession of live ammunition i...

For comments about Maine's outfits: Liz Uy files P11-M suit vs. Fashion Pulis

November 10, 2015 Admin 0

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Liz Uy has filed libel and slander charges against blogger Michael Sy Lim, better known as Fashion Pulis on Monday at the Makati City prosecutor's office. 
 
The stylist is suing Lim for six counts of online libel and one count of grave slander over his comments related to outfits worn by Maine Mendoza, with whom Uy has worked for different projects. 
 
In a statement sent by Uy's lawyers Lorna Kapunan and Irene Garcia to GMA News Online, Lim is being charged with six counts of online libel under Section 4(c)(4) of the Cybercrime Prevention Act of 2012 in relation to Article 355 of the Revised Penal Code and one count of grave slander under Article 358 of the Revised Penal Code. Uy's camp is claiming damages amounting to P11 million. 
 
The online libel case stemmed from a photo of Mendoza and Kim Chiu wearing the same Francis Libiran gown posted by Lim on his blogsite fashionpulis.com and Twitter account @FashionPulis. he post was titled, "Stylist Makes Maine Mendoza Wear Recycled Gown on Historical TV Event." 
Mendoza was seen wearing the gown during the "Eat Bulaga: Sa Tamang Panahon" on October 25 at the Philippine Arena. 
 
In an Instagram post, the fashion designer clarified that Chiu only modeled the gown for his "Francis Libiran Metrowear Icon" fashion show held at the Edsa Shangri-La in 2013. 
 
"This gown has not been worn at any other event by any other celebrity," he said. 
 
In an interview with StyleBible.ph, Uy also clarified that the gown was chosen among several gowns for the Cinderella-themed show. She added that Tape Inc. purchased the gown for the event. 
Slander 
 
Meanwhile, the charge of grave slander is in relation to Lim's "false and malicious verbal tirades" against Uy at a dinner event in Manila Peninsula on October 28. According to Kapunan and Garcia, Lim told other guests that Uy let Mendoza wear a "hand-me-down" Gucci jacket for a Preview Magazine shoot. Uy's friends including actress Isabelle Daza witnessed the incident. 
Lim also pointed this out on his social media accounts. 
 
However, the stylist's lawyers clarified that Uy was not responsible for Mendoza's outfits during the magazine shoot. They said that she received the jacket from Store Specialists Incorporated (SSI) where she works as a social media influencer. 
 
According to her counsel, these posts and remarks were meant to discredit Uy as a competent fashion stylist for Mendoza. Because of the said posts, fans sent Uy a barrage of hate messages and asked her to step down as Mendoza's stylist. 
 
"Mr. Lim must be held accountable because he caused Ms. Uy grave humiliation and extreme distress. He maligned Ms. Uy, impeached her integrity and subjected her to public ridicule and dishonor," the statement said. 
 
Saddened 
Lim, for his part, was saddened by the charges. 
 
"Her feelings of being wronged by my post was based on a common truthful observation about her body of work relative to Maine Mendoza of AlDub which many people other than me also pointed out," he said in a statement. 
 
"Is it a crime for ordinary people, bloggers, showbiz writers and journalists to point out valid observations about those in the public eye? 
Lim called Uy's move a suppression of press freedom. He said his lawyer is already considering filing counter charges for what he called "malicious prosecution." 
 
Source; <a href="http://www.gmanetwork.com/news/story/543705/showbiz/chikaminute/for-comments-about-maine-s-outfits-liz-uy-files-p11-m-suit-vs-fashion-pulis">http://www.gmanetwork.com/news/story/543705/showbiz/chikaminute/for-comments-about-maine-s-outfits-liz-uy-files-p11-m-suit-vs-fashion-pulis</a> 
By: Trisha Macas

Culture Legal Trends News Scene-People For comments about Maine's outfits: Liz Uy files P11-M suit vs. Fashion Pulis

Liz Uy has filed libel and slander charges against blogger Michael Sy Lim, better known as Fashion Pulis on Monday at the Makati City pros...

Grace Poe slapped with 4th disqualification case by ex-law dean

November 10, 2015 Admin 0

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Former University of the East College of Law Dean Amado Valdez on Monday filed a disqualification case against presidential aspirant Senator Grace Poe over citizenship issues. 
 
Valdez filed the petition at the Commission on Elections (Comelec) headquarters in Intramuros, Manila, Radyo Inquirer reported. 
 
According to the former law dean, Poe lost her natural-born status when she renounced her Filipino citizenship to become a citizen of the United States. 
 
 
“When you lost your citizenship, there’s no way you can reacquire your natural born status,” Valdez said in an interview with ABS-CBN News Channel. 
 
“At best, she is a repatriated Filipino citizen under Republic Act 9225 (Citizenship Retention and Reacquisition Act of 2003),” he added. 
 
The law dean’s petition followed the disqualification cases filed by former senator Francisco “Kit” Tatad and De La Salle University political science professor Antonio Contreras against Poe, who is leading presidential preference surveys. 
 
“Ang epekto ng kanyang renunciation of Filipino citizenship, ang sinasabi natin dito, even if she had reacquired her Filipino citizenship at nirenounce niya ‘yung kanyang American citizenship, ang nare-acquire niya ‘yung kanyang status as Filipino citizen but not natural-born,” Valdez said. 
 
He added, “Sa Constitution, ang natural-born, hindi na kailangang gumawa pa ng hakbang para maging natural-born,” Valdez stressed. 
 
Source: <a href="http://newsinfo.inquirer.net/738070/grace-poe-slapped-4th-disqualification-case-by-ex-ue-law-dean">http://newsinfo.inquirer.net/738070/grace-poe-slapped-4th-disqualification-case-by-ex-ue-law-dean</a> 
By: Yuji Vincent Gonzales 
 
 
 
 
 
 
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Culture Legal Trends News Scene-People Grace Poe slapped with 4th disqualification case by ex-law dean

Former University of the East College of Law Dean Amado Valdez on Monday filed a disqualification case against presidential aspirant Senat...

My Legal Whiz is an Exobrain for Millenial Lawyers

November 08, 2015 Tech Support • 0

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Being a lawyer in the age of tablets and smartphones is a totally different thing from being one in the age of typewriters and carbon paper.  Everything has to be accessed quickly for a speedy but accurate and concise reply to client.  Gone are the days when we as lawyers had the luxury of telling client, "I'll go back to my office and do the necessary research". 
 
Today, the Filipino Lawyer can resort to MY Legal Whiz (MLW), a smartphone app that attempts to revolutionize how legal research is done.   MY Legal Whiz is founded by Dexter Feliciano and Katrina Chua.  Feliciano, a graduate of DLSU-FEU, Masters in Business Administration-Juris Doctor (MBA-JD) Program says, “This is professional legal research on the go. We envision a web and mobile resource for legal research that is available anytime, anywhere. While there are other products currently available in print, on CD or on the web, My Legal Whiz uniquely curates, annotates and organizes the content so users need not swim through thousands of entries to find the few genuinely pertinent rulings, cases or doctrines.” 
 
Feliciano continues that Mylegalwhiz’ unique proposition is in its curated content. “Our unique value is the curated and annotated legal content (legal encyclopedia) that’s constantly updated based on our customer’s feedback, inputs and search behaviors.” Additionally, Mylegalwhiz includes “a whole suite of features that other content providers don’t have, like ‘my library,’ ‘notes,’ and filtered keywords that are linked to cases that actually discuss it.” 
 
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MY Legal Whiz uses what is known as cloud computing to store information that can be accessed through PCs or mobile phones. 
 
Co-founder Chua, another graduate of DLSU-FEU MBA-JD Program explains how cloud computing not only improves accessibility for users, it also broadens the reach to a wider group of lawyers.  The resource provided by MY Legal Whiz is a subscription-based knowledge-base that is accessible from the web or from a mobile device. 
 
Mylegalwhiz was launched in 2012, but has actually been in the works four years prior. Dexter started compiling content in 2008 while still in law and MBA school. “I started envisioning a digital law office with a lot of features. But I learned that it was hard to release it after testing the concept. A lot of people like the research but did not really understand the whole ‘digital’ law office concept at that time. So I changed my strategy and focused first on legal research–which is really the ‘heart of the product.” Dexter then invited fellow lawyer and MBA graduate Katrina Chua to join the team. 
 
It is now being offered by Globe Telecom myBusiness Mobile Postpaid and Internet Bundle.  In this day and age of voluminous legal documents and rulings, not to mention the Senior Moments which also seem to pervade even the young lawyers, My Legal Whiz is the "exobrain" for the Millenial Filipino Lawyer. 
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My Legal Whiz is an Exobrain for Millenial Lawyers

Culture Culture-Art Culture-Living Legal Marketing Legal Trends Practice Management Technology My Legal Whiz is an Exobrain for Millenial Lawyers

Being a lawyer in the age of tablets and smartphones is a totally different thing from being one in the age of typewriters and carbon p...

The Risks of Executive Selfies and Corporate Reputation

May 28, 2015 Admin 0

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“Identity will be the most valuable commodity for citizens in the future, and it will exist primarily online.[1]” 
 
Reputation is commonly defined as “the beliefs or opinions that are generally held about someone or something”[2]. This definition is interesting in that it implies reputation is based on perception and not fact.   Everyday we are inundated with news headlines of how a company or an individual has loss their reputation (here the assumption is that the lost reputation was a good one) and the negative impact that loss has had on the company and/or individual. How then do you protect reputation if reputation is someone else’s beliefs or opinions? We live in a society where everyone is considered worthy of having their own opinions although we do not need to all agree with it. So why are we so concerned that the opinions they have of our company, its products and/or services, or of us are positive? Perhaps because in the corporate world, according to a recent IBM study on representational risk, a “strong reputation generates stakeholder trust.[3]” Add to this the knowledge that in today’s digital environment reputation is a fragile thing. As Warren Buffet states: “It takes 20 years to build a reputation and five minutes to ruin it. If you think about that, you’ll do things differently.” 
 
The first impression of an executive and therefore sometimes the company’s brand can be based on a photo. Most executives will have professionally taken company-approved photographs for their “official” online profiles. What about for their personal accounts? It is interesting to note the phenomenon of online “selfies” – portraits taken of oneself by oneself by turning the camera lens around to face you. A recent New York Times article, My Selfie, Myself, by Jenna Wortham examined why these images are more than just the work of vain individuals[4]. Clive Thompson, a technology writer, is quoted in the article. “People are wrestling with how they appear to the rest of the world. Taking a photograph is a way of trying to understand how people see you, who you are, and what you look like.[5]” But are these the images of the executive the company wants out there? 
 
Social media platforms have added not only a way to share these photos and other content, but other technology, such as Facebook’s facial recognition, is able to automatically identify individuals in the photos. It is offered as a tool to assist users in captioning their photos, but stalkers can use this tool to identify and locate a potential “executive” target. 
 
Executives may also choose a graphic or cartoonish visual representation. Or the executive may be taking part in a virtual environment that requires the adoption of an avatar, which is a graphical representation of the executive. These avatars are usually also 3-dimensional. The choices an executive uses to dress his or her avatar may become the basis for the public’s opinion about the executive and therefore about the company. One best practice being adopted by some companies who permit the use of avatars for executives (and employees) is instituting an avatar dress code to reduce the risk of negative public opinion. 
 
In online communities and forums the avatar may be a simple 2-dimensional icon or even the company’s logo. This last option, the use of a company’s logo, can have legal and other negative consequences for the corporation as it can be seen as a company endorsement of the executive’s actions in the online forums, or that the executive is representing the company in these forums and therefore the company would be liable for the executive’s actions. 
 
Source: <a href="http://legalinkmagazine.com/2015/03/the-risks-of-executive-selfies-and-corporate-reputation/">http://legalinkmagazine.com/2015/03/the-risks-of-executive-selfies-and-corporate-reputation/</a> 
Written by: Deborah Gonzalez, Esq.
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