Category: Legal Branding

From Facebook to Twitter, businesses brand themselves by using social media sites and digital marketing. While social media may seem like all fun and games and can be on a personal level, it can land you in hot water when you’re branding a business. Hot water that could land you in court with legal issues. If you’re having legal issues with branding, then turning to a firm like Cory Briggs small business attorney can help, and it’s best to have a lawyer on retainer before you run into trouble. In this blog, however, you’ll find a few of the top social media mistakes that can land you with a ton of legal issues you don’t want to deal with. 

Not Understanding Copyright Laws

From photographs to articles, there are many copyright laws that are easily violated when branding a business. For example, who owns that photograph you’re using? Even more, who is the person in the photograph and will they sue you for using it without permission? You always need to have the proper licenses to a photograph you post on social media. The best way to do this is by only using photographs you take yourself. However, since that’s not always possible, a good attorney will help you determine what can and can’t be done in this department. 

Improper Formatting of Sponsored Posts

You would think that sponsored posts would be easy to share, brand, and post. However, the FTC has buckled down on the improper formatting of sponsored posts, and doing it the wrong way could land you in court these days. If the posts contain numerous hashtags, links, or tags, then you must make sure to separate each legal disclosure. It can be quite confusing, so if you’re in doubt, contact your small business lawyer to ask for legal advice before you format any sponsored posts for your brand. 

Putting Up Fake Testimonials

Customer testimonials can do wonders for your product, service, and branding, as long as those testimonials are true. There are regulators that watch out for fake testimonials on social media sites and you can land in a world of trouble if yours are proven to be fake. This is known as astroturfing and State Attorney Generals are cracking down and enforcing these laws, so you want everything you do to be above board. Just remember, influencer marketing can have serious legal ramifications, and cost you a ton if it’s done improperly. Make sure you do your research and consult with your attorney if in doubt as to whether a testimonial you put on social media could be seen as fake or not. 

Not Reading a Social Media Site’s Terms of Service Carefully

Don’t fall into the trap of thinking that all social media sites have the same rules. What’s okay for Facebook might not be okay for Instagram, and can get you in legal trouble for violating their terms of service. For example, some terms of service (TOS) state that you can only post images that you have the right to, while others are completely different. Read every site’s TOS before you start posting, just to be on the safe side and in accordance with their specific rules. 

While this post isn’t meant to scare you away from using social media when branding your business, it’s important to note that it’s not all carefree posting and having fun. There are very real legal ramifications if you make the above mistakes when branding your business on social media. Just be aware of them and avoid them at all costs.

Unlike other criminal offenses, sexual assaults behold a stigmatic reputation in society. They are not considered as a crime against the law, but rather against humanity. Perhaps, these crimes can take several forms including rapes, demeanor, or objectionable display.

Moreover, sexual crimes are not associated with any particular place or gender. That being said, victims of such crimes can also be found in offices and commercial spaces. A boss harassing her secretary for sexual favors or a woman using her sexuality to accelerate progress in an organization are some common workplace sexual crimes.

However, it is not only the victim that has to suffer the brunt of social stigma. In fact, the organization’s reputation is also tarnished by such crimes.

Gender Selective Recruitment Is No More A Choice

For several reasons, companies prefer hiring a specific gender over the other. For example, male janitors are usually preferred for cleaning tasks in the men’s facilities. Likewise, for office kitchens and cafeterias, women employees are given preference over male candidates. Although such preferences are a company’s sole discretion, once it is established that the company is involved in a sexual crime such preferences no longer remain a choice. In other words, candidates start applying selectively, and even more so, there may be a reduced flux of applications for any job openings in the company.

Peers May Also Be Affected

One of the hardest blows that any brand could expect if an employee is found guilty of sexual assaults is reduced business. Here, the business would formally refer to the number of customers for a brand and the subsequent revenue it generates from them. Of course, people would not prefer to endorse products from a brand that cannot check sexual crimes among their employees. As the experts from Belenlawfirm.com explains, brands should invest in criminal defense attorneys who can help restore their image among their peers. There may be chances of false allegations from the plaintiff or the victim. An experienced lawyer would either help completely overrule the allegations or suggest a corrective course of action. Subsequently, it would help establish the brand’s image as a responsible employer. And therefore, mitigate the risks of losing peers.

Evidently, such declines in the workforce and peers for a business would mean nothing else than doom for the brand. However, these risks can be mitigated if brands could implement certain rules and regulations to check any such crime.

Encourage Employees To Come Forth

Most of the time, either the victims of the crime do not come forth or the companies suppress their voice to do so. Any such incident could only encourage defaulters and the wicked to commit more such crimes. Before the situation gets any worse, it is best to check and rectify the errors. And one way to do this is to encourage the employees to come forth and raise their voices. In fact, it is even better to file a complaint with the authorities on both fronts- the legal system and the company.

Educating The Team To Be Collective

Another way to keep a check on sexual crimes is by educating the employees about gender equality. Needless to say, when people treat their fellow employees with the same respect, the chances of any such crimes are quite low. In fact, it is even better to educate the employees about thinking of themselves as a single unit, a team. When people think of others as cognitive parts essential for their own growth and development, they are more likely to respect other’s likes and dislikes. And of course, any such act is only a crime when there is no mutual consent.

Implementing Penalties & Punishments

Most importantly, companies must implement penalties and punishments for offenders. Although the companies cannot punish physically, they can still charge severe social punishments for the offenders. In fact, several companies do not entertain any indecent act in the office premises which may offend either any gender or community.

When a brand stands up against any offense or a crime, it reinforces the brand’s hold over the market. For example, if a clothing brand starts hiring differently-abled models to promote their products, they may induce a sense of natural beauty amongst their buyers. It would only bring in positive results for the brand. Similarly, when a brand stands against sexual assaults and crimes on their premises, they propagate the idea of a safer working place for all genders.

In the end, there’s no single victim to such crimes, but several others also bear the impact of wrongs done by someone.

Possession of illegal drugs most often is a misdemeanour that can carry a jail term depending on the severity of the offence. Distribution of illegal drugs or possession with intent to distribute illicit drugs, on the other hand, is a serious criminal offence that can lead to long sentences behind bars. All in all, any type of drug-related charge has the potential to damage your reputation and affect your life negatively. Let us take a look at how drug charges may affect you and what to do about it.

Permanent criminal record

Drug-related offences can range from possession of marijuana to the sale and distribution of hard drugs like cocaine and heroin. Such offences, commonly referred to as Controlled Dangerous Substance (CDS) offences, will certainly affect your life negatively. Remember, a criminal record after the charges will be available to anyone to see, including your potential employer.

Thus, the criminal record could show up anytime you are looking for a job, and the potential employer does a background check on you. That will probably reduce the potential employer faith in you and is likely to deny you the opportunity to get the job.

Job loss

Drug charges have the potential to render you jobless if you were working. Most employers will, quite often, ask you for a good conduct clearance certificate from the government authorities. If you have drug charges and a criminal record in turn, you will likely be denied the clearance certificate. This can potentially lead to the termination of your current employment that will impact you and the people depending on you

Revocation of your driver’s license

You can also lose your driver’s license owing to a drug-related charge as a mandatory suspension for such offences has become a standard legal outcome. The driver’s license suspension after you are charged with drug trafficking or possession can be indefinite or definite depending on the laws. With no driving license, you might also lose income or potential employment. You will certainly struggle to fend for yourself and your family.

Dented reputation

If you have been charged with a criminal offence, irrespective of the outcome, criminal allegations can lead people to question your reputation and also your credibility. The consequence of having your reputation at stake due to allegations can go well beyond your personal life. It can affect your professional relationship with others. Your personal brand is damaged, a feat that is difficult to reverse. Again, a damaged reputation will limit the capacity to earn an income. It can also lead to broken relationships with your family and relatives.

Wrap up

If you have been charged with a drug offence, you ought to know that this has the potential to impact your life negatively. You can have your career and source of income terminated. It can also deny you opportunities to get a job as potential employers are keen to look at your history. Worse even, criminal charges emanating from drug-related cases have the potential to damage your reputation and land you in jail! That is why it is essential to seek help from an attorney who can help fight the charges and help protect your rights.

It is quite common for couples seeking a divorce to separate their properties after the divorce is granted by the honorable court. However, deciding which property items to be allocated to which party is not an easy task. The court assumes its obligatory duty to separate the property based on value and ownership, between the two parties.

Primarily, the property is divided into two categories- community property and non-community property. It is quite important to understand the difference between these two categories before moving any further.

• Community Property: The possessions acquired during the marriage are usually known as community property. Not only the possessions but the debts as well. Because these property acquisitions were to benefit both the spouse for a happy married life, both parties equally share the value after separation as well. For example, if a couple purchases a house after getting married, and before they mutually decided to dissolve the marriage, they both have equal rights to the house.
• Non-Community Property: The property items and debts that individual parties own for their personal use and that too prior to the marriage or after the marriage is filed for dissolution in the court, are referred to as non-community property. For example, clothes personal loans, and any such expense which was made on the sole discretion of one party falls under this category.

Evidently, all the property items must be divided between the two parties after separation. Well, notably, this could either be consensual or by court-ordered division, depending on the case.

How does the court decide the property division?

There can be instances in mutual consensus when one of the parties may try to hide or sell a portion of the property to protect it from going to the other spouse. However, this is deemed unethical and illegal by the law. Therefore, as the experts from Ephraimlaw.com suggest court prefers interfering between the parties to resolve property disputes and equally distribute it among both parties. But the question still remains how does the court decide the separation.

Court Considers Liabilities

Primarily the court considers the liabilities on both parties. For example, if the husband has to pay alimony, are there any dependant kids or companions, and the living cost in general. Taking these factors into consideration, the court may decide what property items to be allocated to which party.

The need for the party

There are cases when one of the spouses has a more imminent need for one of the property items than the other. Generally, this happens in the case of the ownership of the house. It is usually offered to the party that needs it the most, or otherwise can be mutually agreed upon both parties for rightful possession after divorce.

Valuation of the property

Most importantly, when the court intervenes in the property matters, they do not offer the immovable property items randomly, but rather divide the value of the property among both the parties. For example, although the house may be offered to one party for possession, the other party may still receive fair compensation for their share in the value of the house. This is done with almost every immovable property item.

It is noteworthy that filing a divorce is not as easy as it may sound, but with appropriate consultation, it may easily be done. Particularly, the part where the property is to be divided between the spouses.