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Sunday, December 16, 2012

Seeking Advice: Navigating the Legal Terrain of Business


The legal aspects of starting and maintaining a successful business can make or break a company. Law professionals from across the nation have their own secrets to success, some are good and others border on illogical. When listening to the advice of these various attorneys, they all appear to sing a similar anthem of being prepared, doing the appropriate research, and when all else fails, being flexible in this perpetually changing discipline. In delving into the side of starting a business that terrifies me to my core, I sought the advice of practicing attorneys who were sharing their pearls of wisdom via legal podcasts to ease my fears, examine the pitfalls and gain some valuable knowledge on the legal properties of business.

The first podcast appeared on The Un-Billable Hour program and was titled Women Rainmakers & Legal Marketing and featured renowned female attorney Teddy Snyder, Esq. Ms. Snyder can pride herself as a member of the influential legal group, the American Bar Association Women Rainmakers, which aims to assist females in business. Her most poignant argument was the importance of being appropriate. Whether it was marketing, social media tactics, or even using the “gender card”, the situation and audience determines the strategy she exhibits. Taking advantage of the hand you are dealt in the gender arena was an interesting perspective. Being a woman attempting to break into the entertainment industry, I am aware that the “glass ceiling” is still prevalent, but it is encouraging to hear that women in business are being urged to use the fact that they are female to their advantage and as a tool for success. Having women in the courtroom and the boardroom is an effective strategy, when appropriate, that can demonstrate diversity and soften clients’ reputations, which can benefit both men and women. She also discusses utilizing social media such as Twitter and LinkedIn to reach out to younger clientele while ad benches at bus stops are still being employed for an older demographic.

Along the lines of the importance of effectively utilizing social media, attorneys Antigone Peyton and Ernest Svenson discuss the benefits and dangers of conducting business under the ever-watchful and never-forgetful eye of the Internet on the podcast Social Media and Lawsuits on the Lawyer2Lawyer program. They discussed the prevalence of social media in recent court cases and the damaging effects Twitter updates and Facebook posts can have on a person’s future. The truth is, the Internet holds information indefinitely and even when posts are supposedly deleted, they remain in cyberspace and can be retrieved with limited effort. The duo expressed the importance of learning how to use social media as a tool that can further business, gain clientele and share information. It is vital in this day in age that a business sets up and maintains a social media presence but it is equally important to understand how to properly capitalize on this tool and not unknowingly drive a company and its reputation into an inconsequential entity. This “E-Discovery” as they reference, can sidestep lawsuits, maintain clients and protect against defamatory claims, which can translate to the world of entertainment and celebrity. Celebrities have found themselves in hot water by posting defaming comments on their personal pages about individuals, that although were removed, still managed to come back to harm not only the pocketbook but the reputation of the star.

Entertainment attorney Gordon Firemark discusses the challenges of representing unpredictable and demanding superstars in the podcast Entertainment Law & the Challenges of Celebrity on the Lawyer2Lawyer program. Doing business in the entertainment industry surrounded by celebrities, whether in a legal, managerial or production capacity, is not as glamorous as it may seem. Celebrities reside in what Firemark describes as a “fish bowl” where their every movement is being examined. Those that stay out of the limelight are never heard about in the tabloids while others create chaos to feed a demanding ego. They often feel as if they are above the law, which has led to many producers instituting insurance policies to protect a picture from an unstable talent. It is vital when starting a business in the entertainment industry to be aware of the potential hardships concealed by the fantasy. Getting swept up in the glamour and not remaining vigilant to potential scandals that could ruin a celebrity’s reputation can leave a hardworking and faithful employee unemployed.

Working in the entertainment industry requires a lot of patience, the ability to multi-task and always being prepared for anything that comes along. The passion for the industry is what creates the survivors. Coupled with knowledge and a whole lot of bravery, a successful career can be forged.