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CCCA_V5No4_Handbreak-FIN_CCCA_V5No4_Handbreak-V1.qxd 11/20/11 10:13 PM Page 25 HOW TO HELP SALES AND MARKETING MEET GOALS WITHOUT JEOPARDIZING THE COMPANY. By Susan Goldberg I t’s the kind of assertiveness that businesses admire but that also make lawyers nervous. Of course, lawyers are paid to be nervous, but it doesn’t help when, in a fast-paced glob- al market where timing is everything, the temptation is strong for advertising and mar- keting personnel to make decisions without first asking for legal advice.The danger is that accusations of false advertising, defamation, financial loss, and damage to the company’s reputation will soon follow. For in-house counsel, intent on helping companies maximize profits while meeting compliance and risk-management requirements, the challenge is earning the confidence of sales and marketing departments. It’s also overcoming the persistent stereotypes of legal as the “handbrake to happiness” — the “No, no, no” to sales and marketing’s “Go, go, go”! “I don’t think you’ll ever completely overcome those conflicts because you have sales and marketing people who are driven and compensated on meeting aggressive goals and timelines,” says Nadine Letson, senior corporate counsel at Microsoft Canada.“Inevitably, they’re going to bump up against legal issues. But you can certainly find ways to mini- mize them.” HIVER 2011 CCCA Canadian Corporate Counsel Association 25