REPUTATION & INFORMATION PROTECTION

Transcription

1 REPUTATION & INFORMATION PROTECTION An overview

2 REPUTATION & INFORMATION PROTECTION Media enquiries, regulatory or police investigations, sensitive litigation, operational issues, pressure groups, aggrieved customers, disaffected employees and activist shareholders can all put at risk the reputation of a business, its brands and its directors. The ease with which confidential or commercially (or personally) sensitive information can be unlawfully obtained and/or circulated is also a growing challenge for many businesses, which now face the threats of data breaches, cyberattacks, loss of confidential information, leaks to the media, data protection disputes and Freedom of Information Act requests. Recognised specialist expertise Addleshaw Goddard is recognised as having one of the leading reputation and information protection teams in the UK. Our lawyers are consistently identified as leaders in the field by the two principal legal directories, Chambers and Legal 500. Whatever the source of the reputational threat, we provide strategic board level advice and assist with reputational risk management, for example by conducting internal investigations and reviews. We are also experienced in advising organisations and individuals on how to deal with potentially damaging exposure in the media at the pre-publication/broadcast stage, as well as during and following publication when damage needs to be prevented or mitigated, and the media persuaded to set the record straight. Usually this means working with in-house communications teams and/or external PR agencies to manage the crisis. We advise on all reputation and information protection issues, including: media crisis management defamation and malicious falsehood privacy harassment confidentiality business libel social media and online misuse of information data protection disputes freedom of information requests Information Tribunal proceedings reputational risk mitigation comparative advertising and passing off complaints to IPSO, Ofcom and ASA 'Despite heavy responsibilities for other clients, they are available at short notice. The quality of advice is high and knowledge of media organisations' in-house legal practices extensive and useful' CHAMBERS, 2016 The 'excellent' Addleshaw Goddard LLP handles claimant work for some very high-profile corporate clients LEGAL 500, 2015

3 Internet issues 'They are superb, friendly and go the extra mile' CHAMBERS, 2016 Social media and the internet generally is now a major risk area. Addleshaw Goddard has considerable experience (dating back to the UK's first internet libel case in 1995) and expertise in the protection of rights and reputation online, whether there is a one-off problem to be resolved or a requirement for an ongoing reputation protection programme. We are familiar with the way in which the internet operates, the many and varied sources of information available on it, and the many and varied ruses employed by those who seek to infringe the rights or damage the reputation of others. The internet is an ever changing and fast moving medium. Speed is often of the essence. Clearly this is often cross-border work, and we work with our international offices and with our preferred firms in other territories to harness local expertise and obtain local representation for our clients. Where necessary, we work with technical specialists to monitor such activity and to identify its source. If a full online protection programme is required, typically we would first commission an audit by a specialist online investigative service to ascertain the nature and extent of the problem. Then we would prepare a proposed strategy, including realistic commercial, PR and legal objectives and the most appropriate means of achieving them. Information protection The ease with which economically valuable or reputationally sensitive information can be stored and transmitted creates significant risk for any business. Information security issues, such as data loss, cyberattacks, or leaks to the media or a competitor, can be reputationally damaging. Mischievous and vexatious DPA and FOIA requests can waste time (and money), as well as pose a reputational threat. Even in the absence of such issues, 'Big Data' can create big litigation risk, as all sectors, but particularly retailers and financial services, seek to take advantage of the commercial opportunities created by technical advances. This is a fast moving and complex area, with competing and overlapping rights and obligations created by Article 8 privacy, data protection, freedom of information and confidentiality law trying to keep pace with the technology. Their strength is that they have a defamation practice allied to a very strong commercial litigation practice, which sits within a top firm. CHAMBERS, 2015 How AG can help Our team of lawyers is available out of hours and at weekends, to provide urgent round-theclock advice, to negotiate with the media or other interest group, and to make emergency injunction applications. An organisation with a crisis team in place is able to respond swiftly and effectively. We help our clients put in place such arrangements and provide customised training workshops to ensure that our clients legal and communications teams are up to date with current law and practice. Our aim is always to provide quick, practical and commercial advice, and to complement our clients protection of their valuable reputations. Unlike the niche media law firms, as a large full service firm, we have specialist lawyers in all areas which may be relevant to a reputational threat, on whose expertise we can quickly draw.

4 Similarly, with our own overseas offices and our proven international Preferred Firms network, we are able to take quick and effective legal action, with the assistance of local experts, wherever in the world a problem surfaces. We have successfully acted for many major organisations and companies in connection with reputational issues. We have also acted for numerous high profile individuals in business, public life, the arts, entertainment and sport. Examples of our experience Preventing publication in a Sunday newspaper of potentially highly damaging speculation about the solvency of a business in the banking sector Acting for various retailers to prevent or mitigate coverage on BBC s Watchdog Preventing and mitigating broadcast by on Panorama and Newsnight of tax avoidance allegations against a major pharmaceutical Acting for a senior Cabinet Minister in connection with the threatened dissemination of distasteful allegations Obtaining public retraction in Court of false allegations made by a disgruntled building society member Using the BBC Editorial Guidelines to mitigate adverse coverage of a major supermarket arising from undercover filming by the BBC s Whistleblower Removal of online material for a major airline in the context of an industrial relations dispute Advising on the threatened publication on a website of the home address of a bank s chief executive Mitigating/preventing adverse press coverage of a product recall for a furniture retailer Advising a major clothing retailer in relation to supply chain issues Acting against newspaper in relation to allegations concerning the private life of a CEO Preventing and mitigating threatened adverse coverage of a budget hotel chain in Which Holiday? and on BBC s Watchdog Removing defamatory or private material posted online for numerous clients Advising on the removal of information from Google using the "right to be forgotten" regime Acting for a Gulf-based real estate company and bank in a $800m claim in libel, malicious falsehood and breach of confidence Acting for a leading bank in defending a claim for alleged misuse of a customer's data and breach of the DPA Acting for an international airline in defending a claim brought by an employee for damages under the DPA Works closely with global corporations and individuals on reputation protection issues, with noted experience in internet-related matters CHAMBERS, 2016 Addleshaw Goddard's excellent reputation is largely down to the 'very able' David Engel, who is 'charming and easy to work with'. He leads a thriving reputation management practice. LEGAL 500, 2013

5 'A real expert in his field,' and is admired by sources as 'thoughtful, clever and a very good strategist'. CHAMBERS 2015 Reputation & Information Protection team David Engel Partner +44 (0) (0) david.engel@addleshawgoddard.com David Engel is a partner in our Litigation Division. He leads the Reputation & Information Protection team, specialising in reputation protection for companies and individuals. His practice has for many years been recognised by the Chambers and Legal 500 directories for its expertise in this field, and David is personally ranked for his defamation and reputation work. He provides strategic board level advice on protecting businesses from threats to their reputation and on reputational risk mitigation, for example by conducting internal investigations and reviews. David also advises on how to deal with potentially damaging exposure in the media or online before publication or broadcast, as well as during and following publication when damage needs to be prevented or mitigated, including, if necessary, taking legal action against the media or other source of reputational threat. His legal specialisms therefore include defamation, malicious falsehood, confidentiality, privacy, harassment, and the Ofcom and IPSO codes of practice for broadcasters and newspapers. He acted as Independent Solicitor to News International's phone hacking arbitration scheme, in connection with which he represented more than 90 victims of phone hacking against the publisher of the News of the World. He also adjudicates on domain name disputes as an Independent Expert for Nominet's dispute resolution service and has made just over 50 such adjudications. The 'highly efficient' David Engel 'continues to excel'. 'He is always available and grasps complex issues almost immediately'. 'He is just top notch'. CHAMBERS, 2016 The 'exceptional' David Engel displays 'in-depth knowledge and a thoughtful, considered approach'. LEGAL 500, 2015

6 Abigail Healey Partner +44 (0) (0) Abigail Healey is a partner in our Litigation Division, specialising in reputation protection for companies and individuals. 'No nonsense and easy to work with' LEGAL 500, 2015 She provides advice on media crisis management, defamation, malicious falsehood, harassment, privacy, breach of confidence and data protection. That includes internet related matters, such as online libel and domain name disputes, and Abigail has a particular interest in issues arising in social media. She has acted for various corporate clients in relation to the removal of website content on grounds of libel and/or harassment. She also advises on non-contentious reputation issues faced by businesses in the digital era, such social media policies and terms of use for websites and social media. She has acted for businesses, individuals and academic institutions, and for numerous victims of phone hacking. Abigail retains full Higher Court Rights of audience. She regularly speaks and writes on reputation and internet related topics and is a contributor to external publications including E-Commerce Law Reports. Abigail Healey is 'hugely impressive and effective, and frequently delivers great results' LEGAL 500, 2014 Fiona Walker Managing Associate +44 (0) (0) fiona.walker@addleshawgoddard.com Fiona is a Managing Associate in the Litigation Division and a member of the firm's Reputation and Information Protection team. Fiona is experienced in advising on reputation protection issues and, in particular, has extensive experience of cyber issues and the removal of defamatory material published online, along with civil harassment actions and injunctions. She has acted for businesses, individuals and academic institutions in relation to social media issues and has successfully obtained several anti-harassment injunctions. Fiona also has experience acting in commercial disputes and has acted on a broad spectrum of high value and complex matters including commercial contract disputes, breach of warranty claims and judicial review claims. As well as providing clients with strategic, commercial advice to resolve disputes before they escalate, Fiona has a wealth of experience of Court proceedings. She also has experience of numerous alternative dispute resolution methods, including mediation.

7 Sara Sayeed Associate +44 (0) (0) Sara has recently joined the team from Freshfields. As well as specialising in defamation and privacy, Sara has extensive experience of commercial litigation. Sadie Dowman Legal PA +44 (0) Sadie is a Legal PA in our Litigation Division. She joined Addleshaw Goddard in 2003 and has looked after the Reputation and Information Protection team in London since then. Sadie is often the first point of contact for new enquiries. Clients praise the group's 'quick and efficient' handling of delicate disputes. The team works with an array of major businesses CHAMBERS, 2013 Follow us on AGRepProtect

8 addleshawgoddard.com Doha, Dubai, Hong Kong, Leeds, London, Manchester, Muscat, Singapore and Tokyo* *a formal alliance with Hashidate Law Office 2015 Addleshaw Goddard LLP. All rights reserved. Extracts may be copied with prior permission and provided their source is acknowledged. This document is for general information only. It is not legal advice and should not be acted or relied on as being so, accordingly Addleshaw Goddard disclaims any responsibility. It does not create a solicitor-client relationship between Addleshaw Goddard and any other person. Legal advice should be taken before applying any information in this document to any facts and circumstances. Addleshaw Goddard is an international legal practice carried on by Addleshaw Goddard LLP (a limited liability partnership registered in England & Wales and authorised and regulated by the Solicitors Regulation Authority) and its affiliated undertakings. Addleshaw Goddard operates in the Dubai International Financial Centre through Addleshaw Goddard (Middle East) LLP (registered with and regulated by the DFSA), in the Qatar Financial Centre through Addleshaw Goddard (GCC) LLP (licensed by the QFCA), in Oman through Addleshaw Goddard (Middle East) LLP in association with Nasser Al Habsi & Saif Al Mamari Law Firm (licensed by the Oman Ministry of Justice) and in Hong Kong through Addleshaw Goddard (Hong Kong) LLP (a limited liability partnership registered in England & Wales and registered and regulated as a foreign law firm by the Law Society of Hong Kong) in association with Francis & Co. In Tokyo, legal services are offered through Addleshaw Goddard's formal alliance with Hashidate Law Office. A list of members/principals for each firm will be provided upon request. The term partner refers to any individual who is a member of any Addleshaw Goddard entity or association or an employee or consultant with equivalent standing and qualifications. If you prefer not to receive promotional material from us, please us at unsubscribe@addleshawgoddard.com. For further information please consult our website or