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CCCA_V3No4_SocialMedia-FIN.qxd:CCCA_V1No1_DriversSeat-FIN.qxd 11/24/09 1:15 PM Page 27 Feature Nyree Embiricos Senior counsel Telus Corpor ation Toronto McKinsey & Company Inc. reported that 69 per cent of 1,700 for the business.… [Social media is] a leap forward in commu- executives surveyed worldwide said their companies “have nication, [and] you need to learn about it because your clients gained measurable business benefits, including more innovative are likely already there.” products and services, more effective marketing, better access to knowledge, lower cost of doing business and higher revenue” as A game- chan ger a result of deploying Web 2.0 tools in their businesses. Before the rise of social media, most companies established an But companies who hope to reap the benefits of social media Internet presence with a promotional website. The technology must come to grips with the inherent dangers, which include was new, but the methods were all too familiar, says Lisa Martz, a confidentiality and privacy issues and misuse of the brand name. litigation partner with McCarthyTétrault LLP inVancouver who That’s where in-house counsel can provide invaluable assistance includes Internet-related issues concerning IP among her areas of to ensure that companies leverage the best aspects of social media specialization. “The website is the evolution of the billboard. A while mitigating the risks. billboard is static, the owner controls the message and the audi- “There tends to be a reluctance on the part of some corpo- ence receives it passively,” she says.“Web 2.0 gave rise to interac- rate counsel to adopt new technologies, such as those associated tion, as it’s all interactive.This means that on theWeb,brand own- with social media, as we are conditioned to be inherently risk- ers no longer have absolute control over messaging [and] the averse,” says Nyree Embiricos, senior counsel with Burnaby, brand is now subject to dynamic activity.” This loss of absolute control might discourage some compa- MARK STEGEL B.C.-based Telus Corp’s legal services department in Toronto. there are some unique benefits. For example, having a presence nies from establishing a presence on social media platforms, but “[But you need to] reach out to the business, find out what peo- ple want to do and educate yourself on what the legal issues are HIVER 2009 CCCA Canadian Corporate Counsel Association 27