Canadian Lawyer InHouse

MAHARAJ: Social media is moving so quickly. The question for Kellogg is how do we play in that space? What is the risk involved, because I definitely think there is a reputational component. There are also the issues of third parties using your brand inappropriately online and ultimately, the question is how do you respond? As it develops, as it grows, you really have to look at when do you have to play in that area; when do you have to not play in the area because there are some times when the best strategy is to do nothing. I think it' get bigger, bigger, and bigger and more complicated, and how, as general counsel, are we going to deal with that issue is an ultimate question. s only going to is on potential areas of liability — your employees who are online inappropri- ately, but also how social media can be used as a tool to be able to quickly respond and correct. RICHARDSON: I think one of the things that has been on the minds of our members is how to be more proac- tive in use of social media in terms of response because a lot of time, the focus EVANS: We've had circumstances where a staff member has had an extremely frus- trating day — a 12-hour nursing shift with a patient who is violent — and they go home and post something on Facebook about what happened. From a privacy perspective, that' for our organization. In one particular case, the person didn't have any privacy settings on their account, so it wasn't that it was just their friends that could see that; it was out there for the world and it was clearly identified that she was a Sick Kids staff member. Certainly that patient' s obviously a huge deal www.canadianlawyermag.com Online coverage: videos from the roundtable discussion. family, if they had seen that, would know for sure that that was their child. We obviously have to respond to that kind of thing. We found the need to extend our privacy training into things that have to do with social media. s Seventh Annual InHouse/ACC General Counsel Roundtable Visit canadianlawyermag.com/inhouse to see our video coverage of these topics. Role of external counsel, online Managing risk, online Aug. Risk mitigation, online Aug. 13 The risk of social media, online Aug. 20 www.weirfoulds.com Sponsored by: 24 • AUGUST/SEPTEMBER 2012 WWW.CANADIANLAWYERMAG.COM/INHOUSE ntitled-1 1 12-07-09 8:23 AM online July 30 6 ADAMS: The other thing with social media is sometimes your lack of presence there is more telling than being there. So organizations, on the product/market- ing side, feel the need to be there so you've got to deal with all the controls to put in place. This is also an area where the Facebooks of the world change their rules unilaterally. I think the tougher stuff is getting an arm around your employee base. INHOUSE: What is the role of external counsel with respect to risk management? Are you discussing your risk-management plans with external counsel or are they approaching you? ADAMS: I think the enterprise risk-man- agement framework is more embedded in the business. External counsel are not living the facts. I think they can feed into it if there are discrete ques- tions, particularly if it's dealing with regulatory risk or something like that, but there are so many different things on your ERM that they just don't have that much insight into. I think they get more involved, at least from my stand- point, on the episodic risk. There's a lot that in-house counsel INHOUSE

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