Bridging the Gap: Using Wiki Technology to Provide Legal Guidance to a Non-Legal Audience: Nishat Ruiter, Vice President and Associate General Counsel, CA Technologies

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Nishat Ruiter, Vice President and Associate General Counsel at CA Technologies, described how Wiki technology is affecting legal professionals worldwide during her presentation at the 2014 Leadership …

Nishat Ruiter, Vice President and Associate General Counsel at CA Technologies, described how Wiki technology is affecting legal professionals worldwide during her presentation at the 2014 Leadership in Legal Technology event in New York on July 15. In her presentation, “Bridging the Gap: Using Wiki Technology to Provide Legal Guidance to a Non-Legal Audience,” Ruiter noted social media and other online tools create new risks, and organizations must understand these issues and know how to manage them as well.

According to Ruiter, even a single mistake can be costly in today’s highly connected world. Facebook, Twitter and other social networks make it simple for people to share information with one another instantly, Ruiter said, and organizations should understand how to leverage these online tools and minimize risk: “There’s rapid-fire communication, and if you or the company makes a mistake, it’s now going to be exposed to the world. There are a lot of things that happen out there that are now going to happen by the minute. We have companies that are reacting to the minute to issues that happen.”

Ruiter pointed out communicating with clients is key for any organization. If an organization can connect with its target audience and build partnerships with audience members, Ruiter said, it can help its legal department succeed: “Listen to all sides. One of the things that we did in looking at some of the tools is we talked to the most conservative of our lawyers and the most liberal and then our clients in-between. It was interesting because it really did prove to be a diversity of opinion. Once we had the diversity of opinion, we were able to really find a good solution

- See more at: http://www.argylejournal.com/functions/bridging-the-gap-using-wiki-technology-to-provide-legal-guidance-to-a-non-legal-audience-nishat-ruiter-vice-president-and-associate-general-counsel-ca-technologies/#sthash.Ur9s5oBr.dpuf

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  • 1. Bridging the Gap Using Wiki Technology to Provide Legal Guidance to a Non-legal Audience July 2014
  • 2. 2 © 2014 CA. ALL RIGHTS RESERVED. Partnership between Legal and our Clients  Problem: Legal guidance for Marketing & advertising – Guidance on legal issues can be challenging when dealing with geos, several regulations and requirements – When centralizing an area of expertise – lawyers in the field have unique and diverse ways to provide guidance – Business speeding ahead…  Finding the Solution – Consultation imperative – Collect information and synthesize the style book – Create an easy tool that created for your client  Rolling out Tools to hit the ground running – Wiki Technology and Legal combine… – Instruction with a twist – Outcomes Trust goes both ways.
  • 3. 3 © 2014 CA. ALL RIGHTS RESERVED. Legal guidance stems from variety of sources The Federal Trade Commission FTC on Best Advertising Practices: Tell The Truth Substantiate the Claim Disclose Material Connections in Endorsements Comply with privacy policies Enforcement of Can Spam Act The National Advertising Division/Self Regulatory Bodies NAD Recommendations: Product Comparisons must be Fair and Truthful Product Claims must not mislead consumers All claims must be substantiated and not exaggerated Copyright Laws: Copyright Infringement  Must have permission to use another’s work Trademark Infringement  names and logos are a company’s worth False Advertising  misrepresentation of a product occurs when a claim deceives or EVEN has the tendency to deceive its audience False Endorsement  a name, symbol or other identifying likeness used in a way to deceive audience of endorsement or sponsorship Securities & Exchange Commission SEC regulates dissemination of information to maintain fair trade in the market place The fair disclosure rule  requires that companies disclose material information to the public in a broad and non-exclusive manner, so that all investors can have the ability to gain access to it at the same time Global laws Privacy, data protection and anti spam. – how to send emails Licenses for running contests
  • 4. 4 © 2014 CA. ALL RIGHTS RESERVED. Today’s clients are not like yesterday’s The use of social media, Internet and rapid fire communication increases the visibility of issues and presents mistakes and risks visible to everyone At the same time, scale of content is speeding up and pressure on legal to meet business needs is increasing Instead of being adversarial this new age requires partnership so that Legal and business should develop trust
  • 5. 5 © 2014 CA. ALL RIGHTS RESERVED. All solutions start with communication: Get feedback from Clients and Legal Client’s Concerns • Can I get this approved quickly? • Where do I get examples of what I can do? • Where is the risk? • Can you check everything? • Do I need to get approval on everything? Legal’s Concerns • I get too many requests! • Is there a way to make my clients understand this better? • Can we get our clients to review instead? • How can I scale my time and still provide guidance?
  • 6. 6 © 2014 CA. ALL RIGHTS RESERVED. Permission for PPT only- no distribution http://dilbert.com/strips/comic/2011-02-22/
  • 7. 7 © 2014 CA. ALL RIGHTS RESERVED. Tailor solutions to the problems… it shows them you are listening Prioritize risks and levels of review. Create an easy guideline for client’s purposes Knowing rules is not enough how can they see the risk? Speed comes from quality of content and availability of resources Depending on risk introduce self review before legal approval Roll out a program that is easy to understand and not full of legalese Can I get this approved quickly? Where do I get examples of what I can do? Where is the risk? Can you check everything? Do I need to get approval on everything?
  • 8. 8 © 2014 CA. ALL RIGHTS RESERVED. Under the details Respect your client’s views. Understand the context of their issue Listen to all sides Reach for the best outcome, don’t settle Don’t Jump to Conclusions Continue communication systematically
  • 9. 9 © 2014 CA. ALL RIGHTS RESERVED. Enabling a partnership with our clients so legal can create a path clear for velocity
  • 10. 10 © 2014 CA. ALL RIGHTS RESERVED. Steps in creating the Right Tool for your Non Legal Audience  What: Explore what technology tools are available SharePoint, wiki, content management system all offer a solution to static webpages.  Design: Make it reflect the client voice instead of just identifying the risks from traditional legalese. Speak with the client’s voice. Don’t over think it.  Collaborate: Get input from geo’s, SMEs and experts so that you can include all the important essentials without reinventing the wheel.  Represent it with enthusiasm: Enable your clients to see you care. If you make fun of it or put the effort down, credibility is impacted and it won’t be viewed with high regard. 1
  • 11. 11 © 2014 CA. ALL RIGHTS RESERVED. So what did we do? Created a Legal Wiki out of the tool called “Confluence” which was used by CA Developers to write out issues and guidelines for code. Collected from lawyers around the globe most frequently asked questions that were common to most client teams. Reviewed the current legal rules, guidelines, or policy that applied. Translated rules into ‘people speak’ and organized it by task within the Legal Wiki Added examples and practical guidance to illustrate how these guidelines apply
  • 12. 12 © 2014 CA. ALL RIGHTS RESERVED. Legal Wiki mapped to FAQ by Clients Chapter 1: Top 10 legal reminders Chapter 2: Understand publication rules to speed legal review Chapter 3: How to prevent red flags when planning marketing events Chapter 4: FAQs when offering gifts or promotions for government officials Chapter 5: Giving away gifts or prizes to commercial customers or employees Chapter 6: Social Media Guidelines Chapter 7: Checklist before running email or social media campaigns Chapter 8: FAQ on legal issues for marketing with Partners Chapter 9: How to invite & pay for gov't attendees at Events Chapter 10: Who and where to go for help
  • 13. 13 © 2014 CA. ALL RIGHTS RESERVED. Chapter 1: Top 10 legal reminders
  • 14. 14 © 2014 CA. ALL RIGHTS RESERVED. Chapter 2: Understand publication rules to speed legal review
  • 15. 15 © 2014 CA. ALL RIGHTS RESERVED. Chapter 6: Social Media Guidelines
  • 16. 16 © 2014 CA. ALL RIGHTS RESERVED. Chapter 7: Checklist before running email or social media campaigns
  • 17. 17 © 2014 CA. ALL RIGHTS RESERVED.
  • 18. 18 © 2014 CA. ALL RIGHTS RESERVED. Chapter 10: Who and where to go for help
  • 19. 19 © 2014 CA. ALL RIGHTS RESERVED. Next Steps: Provide an Education Tool that is easy to understand Accept the ‘Mission’ on the Legal Wiki Tool
  • 20. 20 © 2014 CA. ALL RIGHTS RESERVED. Interactive Education Video http://content.plateau.com/nocache-content/ca/extended/ECoE/team/ms/legal_wiki/legal_wiki_v4/story.html
  • 21. 21 © 2014 CA. ALL RIGHTS RESERVED. Transition to Applying this in Practice. The Legal Wiki Tool was designed to help our clients move to a culture of self-service when publishing low risk materials Identifying the risk is based on the type of business, management priorities, litigation history and regulatory compliance requirements. Because clients don’t have an appreciation for all the factors, making it real is an important part of the communication. Use real life examples from cases, popular brands or other well-known situations make a strong impact. Get buy in from the field, your clients on the risk, examples and roll out plan.
  • 22. 22 © 2014 CA. ALL RIGHTS RESERVED. Where Risk Is Understood Self-review Where Risk Less Obvious Attorney review depending on scope Where Risk Highest Get Attorney Review Judge which Materials Need Review
  • 23. 23 © 2014 CA. ALL RIGHTS RESERVED. Level One: Where Risk is Highest Where Risk Highest Get Attorney Review
  • 24. 24 © 2014 CA. ALL RIGHTS RESERVED. Materials that require Attorney review WHAT? Product Claims • Avoid Deceptive claims and understand how to use puffery Ad Campaigns • Ensure we have rights to publish and don’t disparage company or people Earnings/Shareholder Communications • Comply with SEC rules Comparative Case Studies • Assure product analysis is fair Government Regulations • Comply with FCPA, Can Spam Act and Privacy Laws Large Scale Events • Protect IP and ensure we have rights to publish New names, marks , TMs • Protect right to enforce ability to use it WHAT? WHY?
  • 25. 25 © 2014 CA. ALL RIGHTS RESERVED. Permission to Use: Monster Energy Learns the Hard Way… http://www.starpulse.com/Actors/Yauch,_Adam/News/ http://whatstrending.com/music/11431-beastie-boys-sue-monster-energy- drink-and-win-1 Ensure we have rights to publish
  • 26. 26 © 2014 CA. ALL RIGHTS RESERVED. Monster Used Beastie Boys’ Song Clips in Promotional Ads  The Beastie Boys sued Monster Energy for using portions of their songs in promotional video advertising a Monster event “Ruckus in the Rockies”  Beastie Boys sued for copyright infringement  Monster found guilty of copyright infringement and false endorsement  Beastie Boys awarded $1.7 MILLION even though… – Monster hired a well known DJ for the event – A Monster employee told the marketing team that the DJ had permission to use Beastie Boys songs to spin for the event’s after-party – Monster thought this meant they had permission to put the songs in the promotional videos . . .
  • 27. 27 © 2014 CA. ALL RIGHTS RESERVED. Monster Mistakenly Thought it had Permission to Use  The court didn’t think so: “the public was confused into believing that the Beastie Boys sponsored, endorsed and are associated with Monster in promoting Monster's productions and promotional events"  Take Away: Company’s use of songs, logos or images broadly is not Fair Use so assume you need a license and written permission.  When we infringe on other third party’s rights (logos, images, song etc.) they can get $ damages by going to court under Copyright law.  Cease & Desists can help, but sometimes damages are already done.
  • 28. 28 © 2014 CA. ALL RIGHTS RESERVED. Level Two: Where Risk is Less Obvious Depending on Scope Where Risk Less Obvious Attorney review depending on scope
  • 29. 29 © 2014 CA. ALL RIGHTS RESERVED. Materials Sometimes Requiring Review Contests that are multi- jurisdictional or on a unique platform •Local laws differ on contest requirements. Also posting contests on Twitter, Pinterest and others have unique rules. Simple contests at events however don’t need review. New Webpages •Recycled content already approved does not need review. However new ways of publishing web pages or CA information may.(Native Advertising) Technical publications, white papers , Competitive intelligence •Certain general publications don’t need review when it does not contain any new specific product claims. However when creating competitive intelligence, we should review if information is not public or created by a vendor. Press Releases •Press Releases involving a new partnership with another company or acquisition (details that may impact investors) Social Media •Social Media Campaigns, depending on the platform may require unique disclosures. WHAT? WHY?
  • 30. 30 © 2014 CA. ALL RIGHTS RESERVED. Level Three: When Risk Understood Where Risk Is Understood Self-review
  • 31. 31 © 2014 CA. ALL RIGHTS RESERVED. Review Materials with Help of Legal Wiki Tool Check guidelines, examples and checklist on Legal Wiki Presentations to small audiences not made public Email campaigns that follow the rules Derivative Content Quotes and Articles w/Permission Technical articles with no product claims Logos and images w/Permission Local Contests for Events
  • 32. 32 © 2014 CA. ALL RIGHTS RESERVED. Rating effectiveness of your Program Does it create more communication or less? Are you viewed as a partner to the business or a gatekeeper? Do you receive requests to provide training before a compliance issue comes up? Is the business applying judgment to risks or are they still passing everything to you?
  • 33. 33 © 2014 CA. ALL RIGHTS RESERVED. Questions before you go?
  • 34. Associate General Counsel Nishat.Ruiter@ca.com Nishat.Ruiter ca.com Nishat Ruiter Nishat Ruiter