Tag Archives: Internet law

Reputation Communications

Online reputation management (ORM) makes you look your best online. It creates a “digital firewall” to protect your reputation from harmful attacks or misinformation; ensures your public image is accurate, up-to-date and authentic, and is the ultimate personal branding tool. Here is what you need to know, based on our work with high profile, often high net worth clients…as well as CEOs, C-Suite executives, entrepreneurs, investment firms, philanthropists, Silicon Valley tech founders and countless others.

We share our insights, tools and industry intel here to help the greater public understand how ORM works, what to do when you need it, and how to implement your own personal reputation management campaign.

How Google Impacts Your Online Reputation

One of the most asked questions online reputation management (ORM) firms receive is, Why is this outdated/irrelevant/negative/false content still showing up in my Google search results?

The online reputation management industry exists to strategize and publish content on Google that will shape its search results. Before we get into how online reputation management works, it merits some initial insights about what Google seeks.

Ultimately, Google’s goal is to provide visitors with the most relevant and reliable information about every topic that is searched for.

So, sites that have the most comprehensive and well-written information, have the highest number of visitors, and are linked to the most legitimate and high-ranking websites, are the ones that come up the highest and fastest in Google searches.

This is especially true now, as Google’s algorithm increasingly utilizes AI (artificial intelligence) to determine what search results to rank highly. We blogged about this: Big Changes to Google’s Search Results.  Equally notable is Microsoft’s growing ambition to take a bigger piece of Google’s business, which we wrote about here: Microsoft Signals a New Era for ‘Search’ Online. Bottom line: Clunky, poorly written content with SEO-centered tricks are out the window. 

What hasn’t changed is that Wikipedia and LinkedIn entries are usually the first to come up in someone’s results, at least on Google. A personal branding website (yourname.com) is next, or in the top results. Social media accounts, if used often, frequently appear on the first page.

Media articles or legal notices on government websites, no matter how old, often dominate your search results because they meet Google’s criteria for credibility and relevance more than any other information on the Internet. They can be displaced through frequent “refreshes” of newly published social content, website updates and authoritative content that links to the information online you own or manage. Using the latest technology for your websites and content is also important, because Google vets how fast sites download on mobile phones, which can influence their rank in the algorithm.

Google currently accounts for 86% of the global search market, so it is to your advantage to understand Google’s algorithm and how search engine optimization (SEO) works to improve the quality and quantity of website traffic to a website or a web page from search engines. Google publishes considerable, free information about this topic. It also keeps the world informed every time it makes a change to its algorithm via the Twitter site, Google Search Central (@googlesearchc). MOZ, a leading platform for SEO specialists, publishes an extensive free guide for anyone wanting to learn the workings of SEO, as well as free tools for assessing a site’s SEO and subscription tools for ramping up SEO. There are a myriad of other resources, including SEMrush and Search Engine Journal.

Know that managing the online content about you and curating your personal and professional brand to ensure it is the most relevant and reliable data available about you will go a long way in shaping how the world perceives you online.

What is Online Reputation Management?

Our post, “10 Ways Online Reputation Management is Used,” illustrates its most common applications. Contrary to popular opinion, though, ORM is not a magic wand that removes unwanted information from the Internet – at least, not in the U.S., the market this article focuses on.  (Typically, content can be removed when it does not meet the website’s “terms of use.” Defamatory anonymous comments are one example of such content.)

ORM involves placing new content online that pushes old or unwanted content lower in search results. It can also raise other online content higher to displace unwanted material. Once successfully arranged, the results must be maintained. Otherwise, the unwanted material may resurface at the top of Google search results — usually within three to six months.

New content does not automatically appear at the top of search results. The key challenge of  ORM is to create content that search engines will rank highly. That involves an understanding of search engine algorithms as well as, increasingly, the ability to create high-quality content.  The best ORM uses strategies that Google considers “white hat,” which is described in the SEO section below. (This article by our CEO sheds more light on effective ORM tactics…and ones to avoid.)

ORM is an unregulated industry. Educating yourself about it and ensuring a provider is above-board will protect you from fraudulent practices. Blackmail and extortion are just two examples used by unsavory vendors. False promises also abound. Before you hire an ORM firm, educate yourself about this field.

This YouTube interview with our founder and CEO, Shannon Wilkinson, provides insight into how online reputation management works. Conducted by The Beverly Hills Bar Association, it focuses on reputation management for attorneys and law firms, but the principles apply to any type of professional or organization.

Managing your digital footprint

ORM consists of monitoring, improving and maintaining the publicly available online information about individuals, businesses and organizations. (We also describe it is as “managing your digital footprint.”) ORM began in the mid-‘90s, in response to the proliferation of online social media and the opportunities for anonymous commentary to be made about anyone—and for that commentary to remain online forever.

ORM helps you create and maintain an appropriate online image so that any attacks on your image are counterbalanced with more credible, factual information. It helps remove personal addresses and other data from public databases, also known as “people search” databases. It protects your online brand from being taken over and misused by third-parties. There are also specialized services that help businesses to track and manage their consumer reviews.

Since the European Union passed the Google “Right to be Forgotten” law, many U.S. citizens have taken a renewed interest in trying to have their own content removed from the Internet. Our tips for becoming an informed consumer regarding your removal options are featured in this post: How Google’s Content Removal Request Process Works.

To learn more about the growing power of future “Right to Be Forgotten” laws, read this interview: “Dan Shefet: Creator of the Internet’s Ombudsman.”

Management, repair and monitoring

Managing the information that is publicly available online about you or your organization allows you to “take ownership” of your reputation. When you don’t take an active role in determining what biographical and professional information about you appears online, others may make that decision for you. “Others” include automatic programs (“bots”) that continuously collect and index publicly available information online. Many focus on personal data, which can include your age, home address and family members’ names.

That’s why it’s important to take the first step of knowing what information about you exists online. You can’t control what people say about you in articles, blogs and online forums. But you do have control over such items as professional biographies, company profiles (often compiled by sources other than your place of employment) and other types of content.

The more you contribute to the body of information about you that is online, the more you can sup­plant inaccurate and unwanted information that may surface about you (or someone with the same name). Having a significant body of factual information about you online also ensures you have a presence in the wider community. It helps protect you from identity theft, as security expert Marc Goodman explains in his book, “Future Crimes.” You can use it as a tool to present a more mature image of yourself as well as to help prevent age discrimination during a job search. 

Why is Online Reputation Management Necessary?

Online reputation management is necessary because anyone can say anything online — anonymously, posing as an expert or as someone else. As mentioned before, bots also continuously locate and publish any data they locate from public records found on the Internet — including telephone directories and real estate ownership records filed at county courthouses. (An example of the type of harassment that is routinely conducted online is provided in this article: Online Harassment Leads to Jail Sentence. Our interview with Arun G. Rao, provides insight into the types of harassment that companies and high-visible public figures face.)

The engineers who developed the Internet in the late ’60s and early ’70s didn’t foresee millions of people would be online now. As Internet use evolved, no mandatory laws or universal systems were enstated to authenticate credentials and identify Internet users.

Few laws are in place to regulate or address what is said and posted online. Currently, website operators have legal immunity over what is said and posted on their sites. That means they are not held responsible for it in a court of law (except, generally, in cases that constitute defamation).

Why? Because of the Communications Decency Act of 1996, a law regulating Internet content that has not been updated to meet the tremendous proliferation of online usage and proliferation of social media platforms.

According to Section 230 of the Act, “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.”

Reputational Diligence in the Digital Economy, published by RANE (Risk Assessment Network + Exchange), provides additional insight into why it is necessary. Our founder and CEO’s article on Medium conveys even more insight: The Case for Bringing the Right to be Forgotten to America.

Scrubbing Your Personal Info from the Internet, by Reputation Communications Advisory Board member Don Aviv, explains how people-search databases work and why they are dangerous. If you have been wondering how to remove all those listings advertising your home address (with photographs and value), look no more.

How Can I Fix Old or Incorrect Online Information About Me?

If the information is abusive or violates the law you can contact Google to submit a legal removal request. (Before doing so, it is best to check Google’s Program Policies to see if the material is considered inappropriate.) A positive development reported in June, 2021, is that Google plans to remove slanderous information about people published online and to also lower the types of extortion sites that often publish it. Our blog post has more info: Google Plans to Suppress Slander for Victims of Online Attacks.

Otherwise, much depends on where it is located and how it originated. There are many online information platforms that exist to aggregate and republish information. Some allow users to access their profile, so you can edit and update information about you on those sites. Other platforms make that process much more difficult. Public databases like Intelius collect home addresses, ages, family members’ names and other information that they publish in profiles that are accessible to virtually anyone.

Blogs often will correct information that is inaccurate (the name of your company, your title or position, etc), if you contact them in a neutral, reasonable manner – the way you would a newspaper editor.

If the information is on other platforms, such as an online gossip site, you have little control over it short of legal action (if you have grounds for an online defamation suit). In many cases, any request you email to the website administrator can be ignored, declined or posted online, as these actions are compliant under the U.S. government’s Communications Decency Act.

The expungement, or erasure, of public records from news providers and other resources is an issue of growing debate. 

As noted before, creating your own online image – with information that accurately profiles your career, business and other relevant endeavors – is the best strategy for counteracting and possibly replacing inaccurate online information. LinkedIn is a useful tool to begin building such an image. Publishing articles and posts on your LinkedIn profile will help it rise high online.

How Can I Learn the Identity of an Anonymous Poster?

When any computer connects to the Internet it is assigned a unique code of numbers called an IP address. Computers connect to the Internet through Internet Service Providers (ISPs), which register the IP addresses of users.

Identifying anonymous posters can be difficult, especially if they are hiding their identity. (They can accomplish that by using Tor, a free tool that conceals IP addresses.) While logs collected by the blog host might correlate posts to a particular IP address, the address may not necessarily reveal the poster with any level of certainty. Difficulties may arise from public network use, dynamic IP address assignment, access from private networks that translate addresses, or through the use of internet proxies which are used to “sanitize” identities. If the blog is maintained in a public forum the only way to access log information is through legal action.

Legal action can result in a court order and subpoena for an ISP to identify the IP address. Law enforcement agencies such as the FBI and police departments around the country obtain IP identification every day.

The field of forensic cyber investigations is also a growing one.  Such investigators often succeed in identifying anonymous posters and emailers through their IP addresses…going so far as to locate the users’ home addresses and other identifying information.

If you are a celebrity, public or high net worth figure and you are the focus of cyberstalking or similar serious threats online, our interview with Philip Grindell, “the online security guard,” provides important information and potential resources: Philip Grindell, Protecting Clients from Harm on Social Media and the Dark Web.

How Scores of Reputations Were Intentionally Destroyed, provides insight into how people maliciously use the internet to defame others. The lengths it can take to identify them are eye-opening.

Can I Sue to Have Online Commentary About Me Removed?

Online defamation lawsuits constitute a growing area in legal practice. If something posted about a person is deemed by a court to be a false and unprivileged statement of fact harmful to someone’s reputation – or, to cite recent cases, is “injurious,” interferes with one’s livelihood or possesses any number of related characteristics – the website can be required by law to remove the information and reveal the poster’s identity.

An Attorney’s Advice for Removing Negative, Defamatory and Infringing Material from the Internet,” by Christine Rafin, Esq., provides insight into what is possible. (Her companion piece, ““Legal Options When Battling Online Copyright Infringement”, is also helpful.) “What to Do When You Are the Victim of Online Defamation”, provides additional overviews of your options. 

People who have successfully sued in response to online defamation (typically a series of anonymous posts about them) have been awarded millions of dollars in damages. The posters identities have become public, often in the news media.

It is not always possible to have anonymous comments about you removed from an online forum or other platform—but it can be done, especially if the material is clearly defamatory. Fortunately, in 2013 many websites began revising their comment and user policies to prevent libel…and to contribute to a more civil Internet. (The more obscure and independent a site, the less likely it is that they have such practices in place. See our safe browsing tips below.) If you are the topic of such content, look for their user policy. Often they will not only remove the offensive material when requested to do so, but they will block the user who posted it from their site.

You can also support Right2Remove, which advocates for “Right to Remove” privacy policy legislation “that allows for the removal of content from Internet platforms that is designed to cause reputational harm to consumers in the United States.” Their vision is for Congress to introduce a “Right to Remove” bill that can be enforced by the Federal Trade Commission or an independent review panel.

Tips for Safely Browsing the Internet

Be cautious of visiting obscure sites with potentially defamatory or invasive content about you or your organization. All sites are full of tracking mechanisms that capture your computer’s IP address (unless you use TOR) as well as your geographical location and other data. There are also programs that can collect your email address when you visit a site – even if you have not provided it. However, the obscure sites in particular are more likely to have malware that can infect your computer. Tread with care. 

Use caution when sending emails, too. Don’t say anything you would not want published on the front page of a major newspaper (or online platform). Look into encrypted services like Wickr, which is free. It is a favorite of many top privacy and cyber security experts. 

The Electronic Frontier Foundation’s online defamation law guide for bloggers includes helpful general information on this topic.

Can I Have an Online Photograph of Me Removed or Replaced?

In June 2014, good news was announced for victims of “revenge porn.” Google announced it would be removing links to revenge porn websites. Since then, many states in the U.S. have enacted laws protecting victims. Lawyers like Carrie Goldberg began specializing in the new area of cyber harassment and revenge.

Elsewhere, the open culture of the Internet – where it is common for bloggers to be transparent about editing errors they have corrected and post disclaimers if they write about a company they have worked for or accepted product samples from – helps explain why it can be so hard to have a photograph (or anything else) removed. Doing so without a publicly posted explanation would be considered unethical by many online publishers and writers. Wikipedia is a good example of this system. Whenever a fact is changed, removed or replaced, it is accompanied by an explanation of who edited it and why the edit was made.

So not only is your request likely to be declined, it is possible it may be published on the site, drawing more attention to the image and making you the target of other sites that will post the image. In any case, the longer a photograph stays online, the more it is cached (stored) by other sites and gains prominence in search engines.

The best option is to post your own photographs online – the images you believe represent you and your organization best and most authentically – and take action to ensure they take precedence over other images of you in search engine results. You can do this by publishing a different photograph in as many appropriate social media profiles as possible. If they are tagged, they will show up in search results, eventually dominating them.

If you are on Facebook, make sure your Facebook privacy controls are up to date. They are constantly evolving.

Family Office Privacy Issues & Reputation Damage

Family offices — privately held companies that handle investment management and wealth management for wealthy families — face special reputation management challenges.

High net worth individuals (HNWI’s) are often the subjects of articles, Internet conversations, commentary and speculation on topics ranging from their appearance and behavior to leaked internal office documents.

Most HNWI’s and those who serve them do not wish to have a high profile, whether online or off. Indeed, most prefer to be “invisible” online. Unfortunately, that is very difficult to achieve….especially in the U.S., where we have limited legal rights regarding what is said and done to us on the internet.

Data Scraping Invades Privacy

Another reason is “data scraping.” Computer “bots” continually scan the Internet and collect the personal information of people who often don’t even realize that information is available. It is scoured from public records such as online telephone directories, driver license bureaus and the local courthouses that maintain legal records of property ownership. Then it is published in one of dozens of online “people search” databases that populate the Internet. Virtually anyone can access it for free or a nominal amount of money, like $9.99.

Other examples include:

  • Websites created in a family office executive’s or family member’s name, intended to denigrate, or attract inappropriate attention to you. The content on these sites can range from responses to your political views to public protests over an offices initiatives, investments, or charitable giving.
  • Anonymous and biased negative commentary about you on public Internet forums.
  • Caricatures and doctored photographs of you.
  • Organized campaigns on Twitter and other social media platforms (also known as “disinformation campaigns”) that attack your credibility and views.
  • Demeaning photographs and text on blogs or public sites posted by former spouses and partners.

Cyber harassment and stalking are particularly invasive issues. One victim was the subject of over 50 fake blogs and social media accounts defaming him, with new ones appearing as quickly as existing ones were shut down via legal action. Another HNWI was the focus of a cyberstalker who made over 2,000 changes to his Wikipedia page, all false.

Teens and Millennials can face embarrassing and frightening situations, ones they fear sharing with their parents. Common examples are the existence of their intimate photographs, or their inappropriate comments on a “private” chat room, that are used to threaten or extort them, or may just go viral. (In such cases, he or she should not wait, but turn immediately to a trusted source such as a family attorney for counsel and assistance.

Common Sources of Reputation Attacks Impacting Privacy

Current or former colleagues, employees, and/or romantic partners who, disappointed by a lack of an anticipated raise, promotion, or proposal, can (and do) deliberately publish private documents and photographs on internet forums…or doctor them to turn neutral information into false news.

Lawsuits filed by former employees can contain highly detailed descriptions of the homes and behavior of family members. Such a claim recently became public and was published on a legal website. The focus of it was the private lives of one of the wealthiest families in America.

Criminals and the mentally deranged or unstable are also the causes of reputation-based privacy exposure, especially cyberstalking.

How to Protect Yourself

If there is little information online about you that you or your representatives have placed and have control over, whatever information third parties place online will dominate search results of your name.

You can lose control over your public image if you become the focus of attacks, unfavorable media articles, lawsuits, #MeToo and other types of content that often populates the first page of HNWI’s Google results. It is far more difficult and time-consuming to regain that control than to establish it in the first place. Many of the issues we have resolved for our clients stem from exactly that situation.

Family offices can minimize the likelihood of becoming targets of such issues by creating a strategic information program and publishing it online so it establishes a safe body of content that will rank highly on the internet.

It is possible to create such a campaign while saying little about the  family: publishing general information regarding philanthropic undertakings and non-controversial topics can be used in a multitude of platforms. Such information provides a “digital barrier” to protect fake news and other negative attacks from rising to the top of a Google search in your name. Without it, you have no defense against such material.

How Do I Brand Myself?

Many damaged reputations occur when people, businesses and organizations don’t manage the information available about them online – and haven’t put any general information about themselves online.  When such resources aren’t established, material from public records, old articles, Facebook sites and a myriad of other sources can easily rise to the top of search engine results…and stay there. That is why branding yourself online is so important.

The American Marketing Association defines a brand as a “name, term, design, symbol, or any other feature that identifies one seller’s good or service as distinct from those of other sellers.” A brand can also apply to an individual’s career and personal interests, in a process called “personal branding,” Advice about personal branding has been circulating for decades, but it was Tom Peters’ 1997 Fast Company article “The Brand Called You” that thrust the term into mainstream usage.

Creating a personal brand is the first step in reputation management. This brand establishes a foundation for showcasing your value, differentiating you from your competitors and affirming your reputation.

Many people have built notable careers without intentionally branding themselves. At some point, however, even they may find it helpful to rebrand themselves or establish their brand on a more visible platform. Even famous people like the Koch Brothers, the wealthiest people in America, periodically undertake public relations campaigns to improve or update their image.

Don’t leave the creation of your brand to strangers

Without a current, clearly identifiable brand, you leave the interpretation of your achievements, skills and identity to other people. That interpretation will usually be based on incomplete, and sometimes inaccurate, information. Part of establishing a brand is building a strong presence online. As mentioned before, a common reason why people suffer online reputation damage is that they lack a strong “digital footprint” – a significant, informative and current body of material about them on the Internet. Without that reputation insurance, anything that anyone posts online about you (or even someone who shares your name) goes straight to the top of results and can stay there when anyone searches for your name. The more online “assets” you own, the more tools you have in hand to suppress such material. Creating them is what ORM professionals call “building a digital firewall.”

The single most important step you can take to establish, build and protect your online reputation is to register your domain name (“yourname.com”) online. Many companies provide that service, but Google Domains is the least expensive: $12 USD annually.

How do you brand yourself?

Once you have reserved your domain extension, create a website in your name. If you are an executive or other professional who is not self-employed, your options may be very limited for how you do that. For example, if you are an attorney or a financial industry professional, your organization may not wish you to promote yourself in such a way. Or, you may not want to have such a distinctive presence online. In such cases, a one-page site may be appropriate. This is an example of a microsite, which also serves as a digital business card. Here is another one. This site has more detailed information and is a good example of a personal branding site. We have created far more subtle sites for clients who work in regulated industries or would prefer to be invisible online. So it is possible.

The primary branding tools are factual information and a new photograph. After establishing a website, use them to create profiles on key online and social media platforms. Those are all digital assets, invaluable in taking ownership of your name online. If you are an expert, a blog is the most effective way to publish consistent, quality and extensive content. It will occupy a considerable amount of valuable online real estate because it can be amplified on LinkedIn, Twitter and numerous other sites. We create such content for clients who are experts but lack the time to write their own posts. We are available to help you with yours.

If there is already substantial information about you online, those steps alone are insufficient to restructure top Google results in a search of your name. But if you are not a high-profile person, they are the first actions to take. Nine times out of ten, the prospective clients who contact us lack such critical content. We have created numerous such assets for clients who lack ownership of their name online. The result has been a restructured order of Google content that appears about them…with quality content that is also authentic. We have also created effective strategies for high-profile individuals who have reams of information about them on Google, but lack control over what is said about them.

Before you brand yourself, develop your key message. After all, you are the CEO of your career (and life). How do you want to be perceived? How can you differentiate yourself from others? Our interview with expert Lynthia Romney includes helpful guidance about this topic. So does our more recent article, The Role of Personal Branding in Reputation Management.

Establish a series of benchmark goals and implement them until you have a strong, authentic brand identity. The more well-established your brand, the better your ability to build consensus, make an impact and attract opportunities. 

Take care when you plan your social media content. Most companies are now using pre-employment screening services that vet all of your Facebook, Twitter, Instagram and other social media posts to see if any “red flags” come up. If they do, you might not get an offer…and you may never know the cause. Our article, Inside the Social Media Screening Industry, explains why.

As you begin to “own” your identity online you become protected from many forms of online reputation damage. This Huffington Post interview with our CEO, Shannon Wilkinson, provides additional insight: Online, Your Reputation is Everything.

For the ultimate branding strategy, write a book. (Need help? Read our interview with Petra E. Lewis: Business Ghostwriter.  She works with CEOs, entrepreneurs, thought leaders, and influencers, as a ghostwriter to help them write and publish business books.) Before it is published, read: Book Publishing: Your Ultimate Brand & Reputation Builder by Jane Wesman.

Elevate Your Virtual Style Now, our interview with stylist Aliya Thomas,  provides useful tips for looking your best in Zoom and other digital meetings.

Be sure to protect your brand once you have established it. Check out our post about how one attorney filed a federal complaint using the Anti-Cybersquatting law and won a permanent injunction to protect her brand after someone hijacked her name. It helps explain why protecting your brand is so important.

What are Online Reputation Management’s Main Tools?

The four main tools of ORM include content, platforms, search engine optimization (SEO) and strategy.

Content. The most effective content begins with information-rich text that is not duplicated elsewhere online. It is helpful, relevant and well written. It can be augmented with video, photographs, podcasts and most anything else that can be placed online. SEO, platforms and strategy can only take you so far without continuously updated, quality content. That is why the best ORM campaigns have  a content plan at their center.

Platforms. Platforms are the online sites where content is placed: websites, blogs, micro blogs, forums, directories, news sites, Instagram, Twitter, Facebook, LinkedIn, YouTube and hundreds of other outlets.

Search engine optimization. SEO is the process of improving the visibility of a website or a web page in search engines using frequently-searched-for words, inbound links (links to the site from other sites), effective meta tags and other techniques, including the way a website is structured. Google’s Webmaster Tools is an invaluable resource with extensive (and free) best-practices guidelines to SEO.

There are two types of SEO used in ORM: “white hat” and “black hat”. White hat methods conform to search engine guidelines and do not involve deception. Black hat techniques attempt to improve rankings in ways that are disapproved of by search engines. If search engines discover sites using black hat methods, they often penalize them by removing them from search results or by dropping their search-engine ranking so low they are effectively invisible.

SEO tips and techniques fill volumes of Internet pages – far too many to share here. Most pertain to Google’s algorithm, which is constantly changing. Between 2012 and the present, Google made the most sweeping changes in its algorithm ever. Creating high-quality content that attracts visitors has long been the most important aspect of SEO. It is only getting more important as search engine algorithms evolve to better identify the best sites.

Strategy. Every online reputation is different. Managing them requires a goal, strategic plan and timetable. It is well worth the effort.

What Do I Do When the Negative Online Information About Me is True?

What to do when negative online information is accurate, or just appears to be so?

The first impulse of anyone who is the subject of negative online commentary is to get rid of it – especially if it is true. But even after multiple attempts to resolve the situation you may see it persist for months or years.

We find a content strategy is the best solution to counter significant negative information online about you or your company. Together with the right technology, SEO strategies and social media platforms, new content is the most effective tool in substantially diminishing the placement of negative online content.

But a content strategy does not alter the facts.

A content strategy very effectively counters disinformation. But it does not alter the facts. If the negative online information is true, the best approach may be to own it. To “own” a fact is to acknowledge it. Doing so makes clear that you accept responsibility and are not trying to hide the truth. It also restores your ability to participate in the argument and ultimately influence perception of those facts. If appropriate, you might indicate the steps you have taken to address the issue in a positive way or ensure it does not reoccur. How this will be done depends on of the strength and character of the online presence you have built. There are a variety of options for turning what was negative into something positive.

Case in point: this You Online blog post highlights how a 2007 FTC investigation revealed that Whole Foods CEO John Mackey anonymously attacked a competitor in online financial forums prior to making an offer to buy the company. “That led to a realization, Mackey told Paumgarten: ‘If I wanted to continue to do Whole Foods, there couldn’t be any part of my life that was secretive or hidden or that I’d be embarrassed [about] if people found out about it.’” He made transparency part of his image and continues to be CEO.

It may be best to present a new, balanced image

In many cases it may be advisable to create a new or updated online image that authentically integrates these new facts with the achievements and the goals in your professional (and personal) life. This can be expressed in many ways, on multiple platforms, to provide a balanced view…even if you don’t reference the negative issue in your new content.

If the negative material does not disappear altogether, this new online image will present audiences a far more accurate and comprehensive image of you. Without this tactic, you leave the shaping of your image to your detractors.

Keep in mind that if you are preparing to raise capital, cultivate new business partners or join a new organization in a senior role, you may be the subject of a due diligence investigation that will turn up such issues. How you have handled it may influence how you are perceived by your potential colleagues or employers.

How Can I Enhance My Reputation Using Philanthropy?

Most people – and organizations – get involved in philanthropic pursuits out of a genuine desire to use their capital to reduce suffering and injustice. But it can also be a central part of a strategy to repair their reputation.

In such cases, the first step often taken by a public relations crisis management team is to affiliate their high-profile client with a charitable cause. The ensuing donations, events and sponsorships often improve the situation. Many of the most-respected public companies maintain a longstanding involvement in philanthropic causes for the social and public relations benefits that arise from these activities.

Microfunding, grants, sponsorships, foundations and “high impact philanthropy” – the practice of making charitable contributions with the intention of maximizing social good – have all been important in shaping contemporary international society. Gifts can be in the form of time, money or the donation of a valued commodity to a community, individual or cause that needs it.

There are many opportunities to become more involved in philanthropy. The Foundation Center, the leading source of information about philanthropy worldwide, is a good starting point. 21/64 is a non-profit organization specializing in all aspects of next generation philanthropy.

What is the Best Way to Use LinkedIn as a Reputation Management Tool?

LinkedIn is best known as a professional networking resource—but it is also an important tool for ORM.  Currently LinkedIn has over 175 million registered users, including executives at every Fortune 500 company, and offers its network in 19 languages.

As a top-ranked online networking platform, LinkedIn earns a high ranking from search engines for each of its pages. So, in any search made through a major engine (Google, Yahoo, etc.), relevant LinkedIn profiles will appear among the first results.

Creating a LinkedIn profile is one of the quickest and easiest ways to create highly visible content. LinkedIn features let you personalize your profile to highlight your skills, publish articles, follow influential thought leaders, and monitor who views your profile. Use them all: the more content you add to it, the higher it will rise online, creating a valuable digital asset for you. That will also contribute to your career, as this interview with top Silicon Valley talent sourcer Martha Josephson illustrates.

Most important is that you control the content in your LinkedIn profile. With it you can ensure there is a factual and readily accessible source of information about you online. That is critical if search results of your name yield little information about you or come from third-party sources or the information that appears is substantially inaccurate or out-of-date.

In 2014, LinkedIn became a major publishing platform for its users. You can publish articles there which can be read by hundreds or thousands of readers. Then you can amplify them with Twitter, Facebook and other social media tools. This is why LinkedIn is a tremendously important branding tool.

If this interests you, be sure and check out their long form publishing tool. But only if you are writing top-quality posts. If you are, participating regularly on a LinkedIn group (or starting one of your own) will increase readers of them.

Helps differentiate yourself from others with same name

LinkedIn is an excellent tool to differentiate yourself from other people that share your name. It is a commonly used and much-trusted site that aggregates the small facts people use to find you online. (If someone searches for your name and your school or current company, your LinkedIn profile should be one of the first results.) It also pairs that information with your photo. In addition to its search benefits, this feature also ensures there is a current photo of you easily accessible online and that it is a photo you have approved.

If your name is already taken by someone else on LinkedIn, e.g. “Jane Smith,” create a customized URL such as “janesmithcleveland” (if you live in Cleveland) or “janesmithesq” (if you are an attorney) to clearly establish your identity. That will often help your URL to appear above others with the same name in search results. Our founder and CEO uses this URL address to differentiate herself from other professionals with the same name: https://www.linkedin.com/in/shannonwilkinsonnyc. Instructions for customizing your URL appears in LinkedIn’s help section.

Do I Have to Use Social Media to Improve my Reputation?

Social media plays an especially important role in maintaining and growing online reputations. Professionals invest time and capital to ensure such social media platforms as FacebookInstagramLinkedIn and Twitter contain content appropriate to their stature and reflect both personal and professional goals. Celebrities have found social media an effective platform to promote their creative projects, support their philanthropic causes, and stay attuned to their audience. (As well as to reinvent themselves.) Using it carelessly, though, can backfire.

Nevertheless, there are many reasons why a company or organization may not be active on social media. Some do not allow employees to utilize social media.

Some companies – and people – avoid engaging social media simply because they don’t understand the social media culture. Or, they may feel that the risks inherent in social media usage by employees outweigh the potential benefits to the company’s brand and customer engagement. Others prefer to stay below the radar online for privacy reasons. They like having virtually no online profile, especially when they work in industries where privacy is important.

If you don’t feel comfortable with the idea of using social media, don’t. But don’t let your discomfort with it keep you from learning how social media works.

Be open to learning about social media

Test social media platforms by signing up on one (or more) with an alias. Attend one of the many free or nearly free courses available. Arrange a series of training sessions with a social media consultant. He or she should be able to explain the culture of social media in a way that you understand and identify the social media platforms most appropriate for supporting your marketing, message or audience-building goals.

The right consultant can explain why and how such a presence can (or shouldn’t) become a part of your marketing and communications plan. She can also collaborate, train and brainstorm with all levels of personnel to bring them up to speed on what they need to know about social media.

A core goal of ORM is to ensure the public has access to a current, accurate, and authentic image of an individual, company or organization. Many think a strong online presence is no more than actively protecting a reputation from slander and misinformation. That is only a small part of the picture. Information on the Internet is unregulated, so it is important to have a strong online presence with an accessible, fair representation that reflects your core values.

Social media can help you do that. At the very least, understanding how social media works will keep you current professionally. If you own or manage a company, be sure and have legal social media and bring your own device policies in place for employees. Fewer than 50% of companies do, which creates a legal quagmire for employees and their employers. If you are an employee, consider your social media strategy carefully. Read Roseanne Barr and the High Cost of Social Media Authenticity to learn more.

How Can Strategic Reputation Management Help my Career?

LinkedIn co-founder Reid Garrett Hoffman is one of Silicon Valley’s most prolific investors and has been instrumental in the launch of numerous successful tech-oriented company start-ups. His book The Start-Up of You released by Random House in February 2012, has received accolades from diverse thought leaders.  Hoffman’s advice for attaining career success in this new, more uncertain, economic environment? See your career as a business and yourself as an entrepreneur who aspires to stand out from your competitors.

Reputation management has grown in importance for similar reasons. Reputation management isn’t pretending to be someone you aren’t or whitewashing your background; it means that you have taken steps to ensure the audience you care about knows who you are.

According to the Reputation Institute, reputation is the new corporate and professional currency. The business world understands what is at stake. Mainstream companies such as Toyota and MasterCard now have reputation managers. “Reputational risk” is the second biggest concern of boards of directors, surpassing regulatory issues.

Who controls your image?

If you do not purposefully shape your online image, someone else will do it for you.

Case in point: In May 2011, the Federal Trade Commission approved the services offered by Social Intelligence, which provides background checks on potential new hires by scouring social networking sites (it also monitors the online activities of current employees). This is important news for users of Facebook and other social media, especially those who do not realize the impact that their online posts can have on their career opportunities.

News headlines regularly offer examples of the dangers of reckless online communication. But, if managed properly, your online image can be a powerful tool in your personal and professional life.

Trust is a key factor in doing business and building relationships, and a degree of transparency is necessary to engender trust. Your online presence offers that transparency. That is just one benefit of establishing and maintaining a strong online reputation.

What Advice do you Have for Public Relations Professionals?

How can you help your CEO and senior management protect – and maintain – their reputations when two-thirds of the online content about them is posted by consumers, or even competitors? When anyone can create a Web site accusing the CEO of a publicly traded company of any number of questionable actions, even if all of the accusations are false? When internal emails and confidential documents are not only routinely leaked, but quoted in The New York Times?

If you work in PR, the online era – the age of forced transparency – has broadened and added complexity to your role. Helping your CEO and senior management understand the reputational issues they could face is essential to helping them prepare for and navigate this new terrain. The first step is to ensure your agency has adapted to the new fundamentals of public relations. Then, take these steps.

Develop a reputation protection checklist

Develop a reputation protection checklist to review with top management. Focus on three areas: creating, updating or expanding the online information about them; monitoring that information daily so you are aware of what is being posted about them in online forums, blogs and media; and having a crisis response plan ready to enact – including on holidays and weekends, when many online issues develop. Ensuring their personal information – including home addresses – is removed from online databases is also important.

If your company does not already have an in-house system for cultivating online dialogues with customers, assess whether it would benefit from one. When they can’t easily and immediately engage with a company’s customer support system, dissatisfied and frustrated customers will vent on third-party forums. Many subscription platforms allow a company to quickly build an online area where customers can connect with each other and company representatives to report problems, share ideas and build a sense of community. 

It is far preferable to address a customer’s complaints on a forum you provide. There are few laws in place to regulate or address what is posted online. Web site operators currently have legal immunity over what is posted on their sites. That makes it difficult, if not impossible, for you to have inappropriate or inaccurate content removed from other sites, even if it is biased.

Many reputations suffer needlessly

Much damage to the online reputations of executives could have been prevented. Ideally, the first two pages of a Google, Bing, Yahoo or other search of an executive’s name will contain verified, factual information about them. When that is not the case, their vulnerability to misinformation increases.

Facebook, blogs and Twitter can be effective online reputation tools. But they are not appropriate for all executives, including those in highly regulated fields like banking, pharmaceuticals and financial services. In that case, there are many other tools you can explore with them, including a variety of publishing and information platforms. Help them realize there are many ways to establish an online presence – and that they are not necessarily living in the Stone Age if they do not have a Facebook profile.

If you are a PR consultant providing Wikipedia editing services to your clients, understand Wikipedia’s new rules for paid contributors — and follow them.

If your organization’s CEO and senior executives are high-visibility or high-net-worth individuals, be sure and read Angela Hrdlicka on Protecting CEOs, Private Citizens & VIPs: Interview with an Expert. Increasingly, such threats are impacting the private sector, affecting the reputation of brands as well as individuals.

How Can I Most Effectively Use Yelp?

Yelp was founded in 2004 with a website made “to connect people with great local businesses.” Yelp has over 33 million reviews of local businesses and over 845 million users. It has become an important tool for local businesses to keep their business in good standing with customers. Yelp reviews usually appear at the top of a search by customers seeking your type of business. (There are also many other websites dedicated to consumer reviews of every product and service imaginable.)

One challenge with online consumer review sites is that companies often cannot opt out from being listed. Anyone can comment anonymously or by assuming a fake identity. It is often impossible to tell whether a complaint or review (good or bad) is authentic. Reportedly 1 in 5 Yelp reviews are fake. That issue has made Yelp the target of quite a bit of press. According to this April 2014 Washington Post article, a Virginia court required Yelp to identify anonymous reviewers who posted bad reviews about a company they had never used.

In March 2015, “Billion Dollar Bully,” an investigative documentary on Yelp that examines the claims by business owners of extortion, review manipulation and review fabrication, was announced on Kickstarter by Prost Productions. According to news reports, Yelp’s stock valuation dropped within two days of the announcement.

Reputational impact of online comments always a concern

The reputational impact of online reviews and comments has been a concern as long as the Internet has existed.

Yelp gathers and publishes listings for businesses it finds online, just as Google My Business now does. Business owners of all types have been surprised to see their business listing posted on Yelp – and possibly on up to dozens of other sites that exist to attract clicks and visitors, hence advertising income, to their sites. In many such cases, your business information is simply a tool for them to do that.

Yelp and other review sites are under increasing scrutiny. (Avvo, the Yelp of the legal community, is one.) So are the firms that can be hired to post fake flattering reviews. Witness “Give Yourself 5 Stars? Online, It Might Cost You,” a New York Times article from September 2013.

Yelp has rules and regulations purported to filter anonymous or fake reviewers who skew overall ratings of businesses in an either overly negative or unrealistically positive light. This “filter” does not work all the time, so the question remains for business owners: how may Yelp help their business thrive when reviews come from consumers with diverse experiences and preferences? (Humor helped in this instance.)

Evaluating and addressing negative reviews

When you receive a negative review, assess who the source is (or appears to be). Determine how much validity their opinion may carry, if any. If it is clearly bogus or inappropriate, move on. Don’t acknowledge it. If the review site has a reporting system for such items, use it. Realize that readers of such sites use their own filters to evaluate the tone and credibility of reviews. They are experienced in spotting fake ones, especially those with excessive sentiment on either side of the review barometer.

Yelp claims to allow for business owners to respond to reviews, so take advantage and evaluate your response for the legitimate ones.  Sometimes your best response is to engage directly. Acknowledge such reviews. Apologize if it is appropriate. Be helpful. Yelp allows for users to change their minds and review scores.  You can respond publicly or privately. That provides you with options to connect with that customer and find the best way to handle each (legitimate) situation.  Never use an angry or defensive tone in your response.

Yelp can be an effective way to attract and maintain customers. It allows business owners to converse online with their audience through customer care and promotion of their brand.  Strategic use of Yelp may improve your business search results, maintain high customer morale, and attract new business.

Yelp publishes many resources. These case studies of how business owners have responded to bad reviews may be helpful, too. (Our interview with an expert in marketing for law firms includes valuable advice about how to respond to a critical review from a customer. It can be adapted by a range of businesses.)

To help business owners take more control over the online reviews that appear about them, a number of review management businesses have developed. They are helpful tools for businesses affected by consumer reviews. But be forewarned: if you cancel your subscription to one after you have built a strong online profile of legitimate positive reviews, they may vanish. So check the small print on your contract to know just how long you need to maintain that commitment.

At Reputation Communications, we help clients look their best online. We develop, manage and repair digital profiles; create fresh Google search results and provide public relations for the digital age. We welcome the opportunity to help you develop or update your digital brand and specialize in working with CEOs, C-Suite executives, VIPs and their organizations.

 

 
 
Reputation Risk for Start Ups

Christine Rafin, Esq. serves as General Counsel – Media at a360 Media, LLC (formerly American Media, Inc.) and is a former partner in the New York City law firm of Kent, Beatty & Gordon, LLP, specializing in technology-related legal issues. 

As an attorney specializing in Internet marketing law and litigation, I frequently receive questions relating to the removal of negative, defamatory and/or infringing material from the Internet.  Typical questions include:

  • An anonymous person is posting defamatory statements about my company. What can I do to find out who it is and put a stop to it?
  • A former employee has a blog that frequently vents about our company. Do we have any legal remedies against him?
  • My personal photographs are being used online without my permission. How can I get them removed?

As you undoubtedly know, there is a website for pretty much everything.  That includes numerous websites that serve as forums for users to post business reviews and others specifically dedicated to business complaints.  While individuals have strong First Amendment rights to speak out against businesses (and other people), the line often is crossed when those words are intentionally false.

What is Defamation?

Generally, defamation is a knowingly false statement of fact that is damaging to the reputation of a person or business.  There are two types of defamation: spoken (slander) and written (libel). Although it is not currently a legal term of art, a third category of defamation or rather, a sub-category of libel, has emerged in recent years and has been coined “Twibel.” Twibel isn’t strictly limited to libel appearing on Twitter, however.  It includes any libelous statement that appears on the Internet in any forum.

Steps to Take When You are a Twibel Target

If defamatory material is posted about you on the Internet and you know – or strongly suspect – who wrote it, you have several options.  First, you can contact the person and demand that they voluntarily remove the false statement(s). Often you will get no response. Depending on the perpetrator, this could also lead to additional statements – or your correspondence itself – being published.

I constantly remind my clients to be cautious in what they write in their emails or post on their social media accounts.  Anything that you put out into the Internet world can, and often will, be used against you in a way you had never intended.  Often a well-written letter from your lawyer is all it takes to have the content removed.

Another option – irrespective of whether the perpetrator is anonymous – is to contact the ISP, website or webhost directly to request that the statements be removed.  Of course, this usually is the first step if you cannot identify the person who posted the defamatory statement(s).  Always review the relevant website’s Terms to ensure that you understand its required procedure (if it has one), are sending your correspondence to the appropriate contact person, and, if relevant, are citing to a specific violation of that site’s Terms.  Depending on the website, webhost or ISP and depending on the content of the statement itself, this may result in the removal of the material or redaction of the worst of it.  Otherwise, there may be an automatic refusal to take down or disable access to anything without a court order.

To Sue or Not to Sue….

In many cases, your only option may be to commence litigation.  To the extent that the website, webhost or ISP requires a court order before revealing an anonymous user’s identity or removing anything from the website, your task may become more challenging.  Your likelihood of success in obtaining the subpoena, identifying the perpetrator and having the content removed will depend on several factors, including the jurisdiction that you’re filing the lawsuit in (and the burden that its laws place on you as the plaintiff), the context of the statement(s) at issue and your status (as a public or a private figure).  Depending on the court that you are in, a determination may be made by the judge as to whether you have a valid case – before the court will even consider issuing a subpoena.

One important element to consider before commencing a lawsuit is your ability to prove your damages.  In any complex litigation, this may be a daunting task.  Establishing reputational damage in a defamation case will often require a good amount of evidence.  Depending on the laws of your jurisdiction, if you can establish defamation per se, which includes injurious statements about another’s trade, business, or profession, damages are typically presumed.

No One Wants to Be SLAPPed

In addition to the above-mentioned considerations, before commencing a defamation lawsuit, you should contemplate whether your lawsuit may be challenged as a Strategic Lawsuit Against Public Participation, more commonly known by its acronym, “SLAPP.”  A SLAPP is essentially a meritless lawsuit filed against a defendant in retaliation for speaking out on an issue of public concern, such as cases involving celebrities, government officials or large companies.  SLAPPs often are filed by a plaintiff with deep pockets with the goal of chilling an individual’s freedom of speech and forcing him or her to incur significant legal fees to defend the case.

In many states that have enacted anti-SLAPP legislation, a SLAPP defendant can “SLAPPback” by, among other things, filing an early motion to strike the complaint or a lawsuit seeking attorneys’ fees and punitive damages for malicious prosecution.

Of course, if your lawsuit is not frivolous and does not implicate a “public” issue, there really should be no SLAPPback concern.

Twibel of a Celebrity: A Case Study

An interesting example tying this discussion together involves the actor, James Woods.  In brief, Woods filed a $10 million lawsuit for defamation and invasion of privacy by false light against an anonymous Twitter user who posted a tweet stating that Woods was a cocaine addict.  The defendant, sued as John Doe a/k/a “Abe List” (his Twitter handle), promptly fired back with an anti-SLAPP motion.  Abe List’s attorneys characterized the tweet as constitutionally-protected speech that is “part of Twitter’s culture of political hyperbole.”

In analyzing the anti-SLAPP motion, the court considered whether Woods established a probability that he would prevail on his defamation claim and specifically addressed the issue of whether the statement could be characterized as an opinion – and, therefore, not defamation – or a statement of fact.  In a rollercoaster of a lawsuit, the court issued a tentative ruling indicating that the anti-SLAPP motion would be granted and the case dismissed.  However, the judge apparently changed his mind after a hearing, considered the tweet a statement of fact, not opinion, and denied the motion.

Not surprisingly, a legal battle ensued to uncover “Abe List’s” identity.  According to the anonymous defendant’s attorney, Abe List died after the lawsuit was filed.  Through discovery and motion practice, Woods sought to compel counsel to reveal its client’s identity.  Counsel fought back with privacy and attorney-client privilege arguments.  The court ordered Abe List’s counsel to identify him and his heirs and personal representative(s).  Further, because there was a dispute as to the reality of Abe List’s death itself, the court ordered Abe List’s counsel to provide information about his client’s death.

Getting Rid of All the Rest

If negative material is posted about you or your business and it is not per se infringing, defamatory or otherwise prohibited, there still may be a way to have it removed from the Internet.

Can This Material Be Removed?

In determining the answer to that question, there are several additional questions to consider.  Has your business been affected by the content?  Has there been any actual harm to your business that you can prove?  Have you lost customers or received inquiries that likely stemmed from the negative content?

Depending on your answer, you may be able to convince the webhost/ISP/website to redact some or all the content, particularly if it violates any of the site’s Terms or is particularly objectionable.

Depending on the laws of your jurisdiction and the specific facts of your situation, there may also be potential claims that your counsel could threaten – and prosecute – against the individual, such as intentional interference with prospective business relations, tortious interference with contract, etc.

Removing Infringing Online Material 

Whether someone copies and publishes a photograph that you took, a blog post that you wrote or completely mirrors your webpage and passes it off as their own, you have several legal rights.  One of the most cost-efficient and expeditious options available to you arises under a federal law known as the Digital Millennium Copyright Act (the “DMCA”).  This issue is so important that I have written a separate article about it here: Legal Options When Battling Online Copyright Infringement”.

Giving Negative Content a Proper Burial

Most people searching the Internet typically don’t click through all the pages of results.  They generally review the top results and stop there.

If all else fails, there are ways to bury negative information on the Internet. That generally requires loading the Internet with positive content that will appear in search results about you and your business.  Your website, social media accounts and blogs are typically good places to start.  Of course, beware of flogs (fake blogs) because they can get you into real trouble.  Reputable websites featuring your name/business generally appear at the top of search results.  If you are quoted in the media or have been published online or in print, this also is quite helpful in placing good content above the bad.  There also are businesses that specialize in bolstering your reputation online, such as Reputation Communications.

Your Online Presence Matters

In sum, it is important to do a thorough online search of your name and company name frequently: for the good, the bad and the ugly. Then it’s imperative to consider the many options available to you.

About the Author

Christine Rafin

Christine Rafin, Esq. is an attorney specializing in Internet, communications and media law. She is General Counsel – Media at a360 Media LLC (formerly American Media, Inc.) in New York. She co-authored “What to Do When You Are the Victim of Online Defamation,” published here in June 2014.

The information presented is for informational purposes only, is not legal advice, is not to be acted on as such and is subject to change without notice.  Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.

Please also see The Essentials: Online Reputation Management FAQs.

 
 
You Online

We have received hundreds of questions about Internet law over the last decade.

As a result, we publish extensive information on that topic, including the top-ranked article, An Attorney’s Advice for Removing Negative, Defamatory and Infringing Material from the Internet, by Christine Rafin, Esq.

As part of a three-part discussion on the reputation risks facing high net worth families, we filmed this conversation about internet law with Ms. Rafin, an Internet law expert and Associate General Counsel – Media and Compliance at American Media, LLC, and Dan Shefet, a French lawyer based in Paris, and a leading expert in Internet and privacy law in Europe and other countries.

If you have questions regarding your legal rights online, it is a good starting place for learning more about what you need to know: the law is the same for everyone regardless of your economic standing. The video is 30-minutes long and addresses the most common reputation damage and related issues harming people online.

When you do not have any legal recourse for the reputation issues you face, an online reputation management strategy will create positive new on the Internet that will appear on the first page or two of Google, and replace much or all of what is there.

 
 
Reputation Reboot Advice

Reputation Reboot addresses real-life online reputation management (ORM) challenges faced by CEOs, executives, VIPs and their organizations. Unless they are public figures, their names and related descriptions of all individuals and companies discussed are changed to protect their privacy. For a quick look at the types of situations facing many professionals, scroll down and check out the headlines.

Can this Wall Street Journal article be buried?

I am an executive with a public relations firm. A client wants us to suppress an old Wall Street Journal article about an insider trading incident that currently appears on the first page of a Google search in the company’s name. Is this possible, and if so how long will it take?

Tread with caution…and don’t make promises you can’t keep. Here’s why. The Wall Street Journal  is a very high-ranking online platform. Twenty million readers visit its digital site every month. All those clicks keep it front and center on Google and other search engines.

To lower that article’s ranking you need to create a collection of higher-ranking “assets” (content). For example, if it is the third or fourth entry on a Google page of 10 entries you will need six or seven such assets just to get it off the first page. Then keeping it off is even harder–you will likely see the article resurface periodically on the first page of results. So you might need many more new types of content strategically added over a period of months.

In the meantime, expanding your client’s online profile will help diffuse the impact of that article. Ensure they are using all appropriate social media channels. By building on their strengths using all tools at your disposal you will help counterbalance the potential impact of that article.

Can this social media crisis be overcome?

I am recent college graduate with top honors. I failed to get a job after my prospective employer conducted a Google search of my name. The HR department found negative results related to a thoughtless campus stunt I participated in. It offended students and attracted substantial social media criticism, which appears at the top of search results about me.

One reason that material is at the top of your searches is that you don’t “own” any digital assets that would appear above it, minimizing its impact.

Try this two-step strategy. First, create a personal branding strategy to showcase your achievements and attain high-ranking information that will support you resume and mission. (Our FAQ article provides several examples of how to do that.) Given your career level, it should be a low-key and understated.

Write a short statement acknowledging your error and what you learned from it, including becoming more sensitive to cultural slights. This can be placed on an inside page of your personal branding website to acknowledge and “own” your unintentional error. It can also be used as a point of discussion in future interviews with future employers.

This approach will show you are not trying to conceal your mistake. It also provides an opportunity for demonstrating your ability to learn from an all-too-common lapse of judgement. Given the number of social media crises in today’s world, your experience in navigating this situation could just make you an asset to your future employer.

This tech firm hopes to conceal a sexual harassment lawsuit filing

Recently our technology firm was sued by an employee who claimed sexual harassment by our CEO. We think it is without merit and would like to hide the filing from the first page of our Google results.

We cannot help “bury” it—and exercise caution if other reputation management agencies assure you they can. Here’s why, along with a strategic option that will better position your firm to potentially overcome this issue:

Legal notices published on municipal and other government platforms are very high-ranking: they nearly always appear on the first page of Google. Once they appear, they are often republished on legal blogs—and by some law firms, which report such cases as a way to draw attention to their services (since their firm will come up in any searches of that lawsuit). If it does succeed in being “buried,” it is unlikely to stay off the first page of Google for very long. As the case moves forward, your company will be the focus of media articles which also rank very high.

Consider this strategy

Our advice is to take an alternative route. First, acknowledge the issue. Don’t try to hide it. Prepare a statement by your CEO, if he or she is still at your firm. (If he/she is, has an internal investigation been undertaken to evaluate whether he has a history or reputation for harassment? If so, your company’s board could be liable in a court of law—which could lead to worse online issues.)

Publish the statement on your company’s Facebook page. Included a reference with a link to your website. Next, look at your board. How diverse is it? If women and multicultural directors are not represented on it, consider adding more. Determine how prevalent they are in senior leadership and management roles. Studies show that when women are present on those levels, an organization’s culture often includes less harassment of all types. Should this situation grow into a crisis, their addition will symbolize the organization’s new steps to reboot its culture. Evaluate your HR policies and how they have handled similar complaints in the past. Survey your employees to elicit their concerns. (Survey Monkey has a selection of sexual harassment-related surveys that you can customize for such purposes.)

Transparency demonstrates concern

These steps are examples of transparent actions that, when taken, demonstrate a concern over sexual harassment and steps that are being taken to examine whether your company’s culture has (and does) allow it. By identifying these actions and keeping your employees and shareholders informed of them, you will be in a stronger position to address the lawsuit as well as to improve your online presence. That is because the online conversations about the situation, including your organization’s narrative, will show you are taking steps to investigate and rectify the situation, including the environment that permitted it.

If your CEO has a history of this type of behavior and he/she stays at the company, recognize that it may be a matter of time before more lawsuits are filed and the issue is promoted on blogs and social media. In such a situation, no attempts to “bury” it will work. On the other hand, should he/she take a leave of absence or exit the company, that action not only provides a symbolic example of a new chapter being turned, but may be an optimum time to consider publishing an Op-Ed piece in a national publication or trade magazine about the issue and how your organization has addressed it. It will rank highly online and enable you to take ownership of the story—or at least provide a balanced point of view.

How long should an online reputation management campaign last?

We hired an ORM provider five months ago. Our main concern was that there were four outdated items appearing in our top search results. Three of those items have been dealt with. But the worst is still showing up as the very first result of Google searches. We’ve seen it drop down to the second position. We were told it can take a long time to completely refresh the contents of a page. But our patience is wearing thin.

Many, if not most, online reputation campaigns require six to twelve months to show substantially improved results. (This is our experience as well as that of our colleagues throughout the industry.) A long-term program will be required if the items in question are on major news outlets or other prominent platforms and comprise more than half of the first page of search results. In our experience, six months might address 50% of those issues. If the client owns few “assets” (websites and social media profiles) and has not actively developed an online presence, a year is more realistic. There should be improvements within the first several weeks of the campaign, and the material will continue to shift and change location month by month.

A long-term program of new content generation, accompanied by smart SEO (search engine optimization), will ensure that once material is moved down, it stays there. If a provider promises quick solutions at cheap prices, do they also promise to return and fix any errant material that reappears after their campaign ends? Be sure to ask them how they handle such situations. Otherwise, you may be disappointed in your investment.

Can this defamatory blog post be removed?

I am the subject of a defamatory blog post that has been appearing at the top of my Google search results for over three years. I’ve tried everything, including hiring an ORM firm for several months. I saw some improvement in my search results overall, but that blog post is still at the top.  Can you help me?

Our first recommendation is to review the article “What to Do When You Are the Victim of Online Defamation” by David Klein, an attorney specializing in Internet law. He outlines several steps that can help in situations like yours. The first is to review the Terms of Use statement on the site hosting the blog post. If they don’t allow the type of defamatory content you describe you can contact the website’s administrator to request the removal of that post (and that request will have a high likelihood of succeeding).

To protect yourself from ORM issues such as this you need to create a stronger online identity. This means developing digital assets that will prevent third-party content from appearing at the top of searches in your name. There are several essential steps the ORM firm you hired should have taken—but didn’t. (The first would have been to check the blog’s Terms of Use, because the post in question is not simply negative commentary. It makes statements that are clearly both untrue and damaging. The second would have been to refer you to an attorney specializing in such issues.)

As a company leader, you may in the future face similar attempts to cast doubt on your credibility. The best way to prepare is to claim ownership of your name on every appropriate digital platform online and to implement a strong content strategy that presents a factual and compelling narrative about your achievements and leadership position.

How important is social media in an ORM campaign?

I am not active on social media (and due to the type of industry I work in, I’d rather not be). But I’ve been told that social media is key to online reputation management. Is it? Do I have alternatives for moving down old content that comes up when I am Googled?

Social media is one of several tools used in online reputation management. But social media alone is rarely the solution to ORM issues. Nor is it always an effective tool when dealing with “sticky” issues— situations involving substantial amounts of content on high-ranking platforms (such as articles on major media sites and legal notices on government sites).

To displace that type of content from the top Google results you need to publish new content on even higher-ranked platforms, or raise the rank of other content using search engine optimization. Highly ranked content is also more dynamic and tends to resurface, so the results need to be periodically monitored and maintained.

Social media campaigns are effective in countering lower-ranked content and bolstering the online image of brands that don’t have a strong online presence. As a general rule, the less information there is about an individual or organization online, the easier it is for social media content to quickly dominate their search results (this is also a reason why having a weak online presence is dangerous). The more information there is, the less effective a pure social media strategy will be. That is especially true in the case of high-profile figures in business and public life.

Can this online content be suppressed?

Last year, our company experienced a crisis that resulted in dozens of negative articles in the media. Fortunately, it was resolved. But when people Google us one of the main articles continues to show up on the first page of results after a search of our organization’s name. We have utilized first-rate crisis PR and have an online reputation management program in place. But that article hasn’t moved. What can we do to remove it from the top search results?

The crisis was given widespread attention, and the platform hosting this article is very credible. Those are two important reasons why Google has assigned the article a high page rank. Our research also shows the platform is making consistent updates to the article. That has made it even harder to displace. Google values continually updated content. Another contributing factor is the number of backlinks (links from other websites) to the article.

Your first step should be publishing a statement that provides factual information regarding the resolution of the crisis. It can attain a strong page ranking. That will give consumers and journalists researching your company an alternative to the article. Every time they visit, link to or share your statement, it will reinforce and increase its ranking (and that is one less visit, link or share for the article).

Along with the official statement, publish and link to other pages with relevant information on the crisis. As they become recognized as trusted sources of information regarding the issue, they will rise in page ranking. Outside parties will begin referencing and linking to your resources. Be sure and also continue your current ORM program and you should see that article drop off the first page of results.

We are available to develop a strategic plan that has the highest likelihood of succeeding.

An agency in the Middle East has a question

My agency is in the Middle East. We serve VIP clients and their organizations throughout the Gulf region, from Dubai to Qatar and beyond. Many are public figures. Periodically we seek assistance from online reputation management firms to edit their Wikipedia profiles and, in some cases, improve their online reputations. We have been told that in order to improve a client’s reputation, new websites may need to be built. But they don’t need new websites: they already have them, often more than one.  How does your agency handle such situations?

Regarding the Wikipedia editing, our history of success results from following Wiki’s rules, which include providing a credible third-party citation for most new entries. If you want to remove information on a Wikipedia page that is linked to an article from a recognized media outlet (whether in the Middle East or the West), that is a change the most experienced Wikipedia editor cannot guarantee. The best way to evaluate the viability of the revisions your client hopes to make is to provide us with a copy of the revised text. We can review it line by line and provide you with an annotated draft showing what is likely to be retained and what is likely to be deleted by Wiki editors. We are available to conduct that work after signing a non-disclosure agreement and working on a consulting basis. Then, with your approval, we will implement the agreed-upon revisions.

A Challenging Question

Your second question is trickier. We specialize in high-profile clients, so are experienced in resolving such issues. The best way to displace unwanted content from the first pages of search results is to create new, higher-ranking content. Often that includes creating specific types of new websites, and if the unwanted content is on prominent or respected media outlets, the new content must be of high quality and part of a long-term strategy. When the client already has a strong online presence, as it seems many of your clients do, sometimes it is possible to work with their existing websites using the techniques of search engine optimization (SEO).

Several Options Available

Which approach to new content you choose depends on the client’s existing online presence and on the nature of the reputation issue they are facing. Our first step is to conduct an audit of clients’ online presence and an analysis of the issue, then present it to clients with recommendations for mitigating reputational damage.  We often present several strategies for placing varieties of optimized content online. Then clients can evaluate all their options. Some issues produce strategies that take effect quickly. Other strategies won’t show results for the first three to five months, with up to a year before we see major impact. After that, the work will need to be maintained to keep the old material from resurfacing high on Google. That is the most sophisticated type of ORM, for the most prominent clients and the most high-profile issues.

Did This Client Select the Right ORM Firm?

We recently retained an online reputation provider. They presented us with the most cost-effective program and their work has led to an improvement in our online image. But two issues concern us. The first is that the fee has been increased and extended from the quote in the signed contract. The second is that we feel the provider’s approach is not appropriate for our image. The provider has been publishing new material about our company online. That material isn’t embarrassing, but it isn’t consistent with the way we present our brand. Is our experience fairly typical? Would we have better luck with a different provider?

ORM is an unregulated industry, with providers ranging from individual freelancers to enterprise-level corporations. Business practices vary just as dramatically. But almost all ORM providers share a very similar core approach.  What differentiates us is how we how we implement that approach, how we use the tools of ORM. Most every strategy will focus on publishing new content about you online. But the quality of the design and writing will differ. Higher quality materials require more resources to produce, but they can be more effective as ORM tools. Speaking directly to your issue, they also work to enhance your brand (rather than detract from it).

You should insist upon a clause in your contract that allows you to review and approve all materials before they are published online. (That includes reviewing customized URLs, which are often used in ORM campaigns.) Check if the materials you are uncomfortable with can be deleted and replaced with another “asset.”

Does your contract ensure that you have a list of all of the content and platforms that have been set up on your behalf, along with the administrative access codes? It should. Be sure and check whether your contract includes a steep surcharge if your payment is late…and a threat to delete all of the work done to date.

Content Quality Varies Broadly

Often — and with the best intentions — ORM providers will throw dozens of pieces of new content about you online to crowd your unwanted content out of search results. Unless the unwanted content has earned a very high search-engine ranking, the new material can be of low to very low quality and still achieve the core goal. As we write this, thousands of writers around the world are being paid hourly fees to create biographies, articles, press releases, website texts and other materials about clients like you. It can be generic or substantive, high or low quality. You’ll get a good sense of what you can expect by the quality of the provider’s own blogs, information FAQ and social media accounts, including Facebook and Twitter. Look at the photographs of the company leaders and staff. Are you comfortable putting your brand’s management in their hands?

Ultimately, an ORM campaign can provide value in two ways: contributing to your brand capital while also fulfilling its main purpose of repairing or strengthening your online presence. A sudden (and steep) fee increase early in your program raises a red flag, but only you can determine whether you want to continue investing in this program. There are certainly ORM providers who can present your brand in a way you are comfortable with. Our advice is to check with other firms to see how they can build on what has been done so far.

University aide seeks reputation protection during campus rape crisis

I am an administrator at one of the universities being investigated by the Department of Education for Title IX violations. (It is one of the universities featured in the documentary film The Hunting Ground.) As our institution becomes the focus of activist attacks, I am concerned about the impact on my own reputation— specifically, from becoming the focus of student protests. My position requires me to consider the university’s reputation as the highest priority, including protecting it from the reputational damage that can result from recognizing sexual assault claims and preventing any false claims from moving forward.

The crisis facing many universities today is similar to the one many companies faced during early Internet years.  Before mainstream (and smaller) organizations established online forums and social media platforms dedicated to monitoring and responding to consumer concerns, complaints and frustrations, consumers who failed to receive the help they sought would go elsewhere to raise attention to their issues. They would build their own communities of support. Those communities would produce a viral tidal wave of anger and criticism toward the organization.

We have written about this dynamic extensively: a few examples include the famous 2005 “Dell Sucks” incident, which led to the company transforming its customer service solutions. Carnival Cruiselines’ 2013 crisis is a well-known example, as is the Bank of America debacle, where a young woman angry at BoA’s fee increase launched a change.org petition that ended up on the national news…and quickly resulted in a BoA policy change.

Sexual assault far graver than consumer complaints

Sexual assault is an issue of much greater gravity than consumer complaints. We do not mean to imply otherwise.  But universities are now the focus of activists who are forming well-organized groups to share information, report assaults and hold press conferences to bring visibility to this issue—creating for themselves all the resources that universities have failed to provide them. With CNN’s recent airing of The Hunting Ground, the crisis has reached a new level.

If your university isn’t working to build new support systems for victims you are indeed in a difficult position. As an administrator facilitating the university’s communications on this topic, your comments to victims may be published on blogs, quoted to the media or videotaped (without your knowledge) and posted on YouTube. Those are all tactics that activists and frustrated citizens employ when their efforts to gain a fair hearing through traditional channels fail.

Compassion and empathy can’t change policies

If you can’t make substantive policy changes at your university, you can address victims with compassion. Empathy and emotional support are not a substitute for real support systems, but they can build bridges of trust.  Expressing them as much as is appropriate within your role will help you become known as part of the solution, caught in a difficult web of bureaucracy that will, we hope, one day serve students better.

MBA candidate wants a competitive edge in job market

I’m an MBA candidate preparing to reenter the job market. What is your advice for positioning myself as the ideal candidate? I worked in my field for three years before returning to school and want to impress prospective employers with the value I can provide them. They will all be Googling me before we meet.

To make the strongest impression, establish a blog that focuses on your targeted industry, with a complementary Twitter or Instagram feed. Commit to a consistent posting schedule: at minimum, one post every week (try for two or three).

Follow media commentary on the companies, influencers and journalists who lead your industry, as well as the top stories in related fields.

Create a Content Plan….and Bring a Fresh Angle to the Discussion

Draw upon the most-discussed news, trends, products and services, but create a content plan that ensures you bring a fresh perspective to the discussion. Then begin posting regularly. Shoot for three a week: one featuring your own commentary, another that republishes someone else’s and a final post in which you highlight the top news stories of the week and analyze their significance.

Republish one post a week through your LinkedIn profile (more than that could be overkill) and use your other social media channels to amplify its distribution. But don’t use social media only as a tool for self-promotion. Use it mainly as a way to highlight and share the tweets or posts of others. Shining your social media spotlight on everyone else is the best way to raise your own profile in an authentic and generous way.

Include a link to your blog in your email signature so prospective employers, as well as your colleagues and other contacts, will know about it. As a demonstration of your knowledge of your industry, and of your digital expertise, it will serve you well in your job search. It will definitely differentiate yourself from your peers…and for some it can turn into a major asset in their long-term career development.

Help sought for burying legal notices

I am the COO of a privately held firm. Four years ago we were involved in a lawsuit. Documents pertaining to that case are still showing up prominently in search results—the Notice of Hearing appears directly below our company website. I understand it can’t be removed entirely, but that it can be relegated further down in search results. How quickly could you do that?

Legal notices are difficult to dislodge because they are on high-ranking sites and often have been aggregated by legal websites and linked to from blogs. If they have also been referenced in business articles, they are even more deeply embedded online. And the longer they have stayed there, the harder they will be to move. Longevity is a factor Google (and other search engines) consider when determining page rank. Another factor is the credibility of sites hosting the content. Of the many sites hosting those documents, you’ll likely see government-run sites at the top. (They are considered to be very credible.)

We have been effective at displacing those types of documents, moving them to page 2 (and lower) in search results. This comprehensive strategic program takes a minimum of six months to implement, and usually must be continued for several more. That is the case for most online reputation management campaigns dealing with highly ranked material. Simply putting new content online won’t make a dent in the location of massive sites like the ones that publish legal notices. The key is the optimization of the new content. Raising it to the top of search results is a process—as are the steps necessary to force down the notices.

So if you are contemplating such a campaign, understand that there are no short cuts. At a certain level, such as if the notice is for a federal indictment, it may even be beyond what ORM can handle. In that case, a full rebranding may be in order.

New CEO needs image appealing to investors

I’m a 29-year-old male and the CEO of a new company. I’m preparing to approach investors and I’d like to project a more mature image online. (I’m not in the tech industry, so the old images of me wearing T-shirts and jeans will not help my work with bankers.)

Those photos have been online long enough that they have been aggregated by many sites and they now fully populate your Google results. The solution is to take a variety of new photos and then post them intelligently but broadly. Try a range of garments, from power suits to open shirt collars and blue blazers (and, yes, even jeans). Tag them and publish them in all of your profiles. Start integrating that style into your wardrobe, too, so it will become an authentic part of your image

Then take it a step further and have a professional-quality video made to introduce yourself to potential investors (or to introduce your company and its strengths). Not only are videos a compelling way to communicate your passion, expertise and vision, they also rank very highly on search engines. If it is appropriate, set up a YouTube platform for this purpose. That will help ensure it appears near the top of Google search results. If you prefer less widespread exposure, host it on Vimeo and embed it onto your website, LinkedIn profile and other appropriate sites.

Before the cameras roll consult a media trainer to help you shape your message and the way you deliver it. That’s what many CEOs who’ve succeeded in raising capital have done…and it’s why they look so good on TV. We’d be happy to recommend several excellent image consultants.

Executive aims to minimize age discrimination

I am a mature female executive with over 20 years experience in the corporate world. I am preparing to search for a new position at a new company. How should I update my online profile so it is as competitive as possible — and helps me avoid the possibility of age discrimination?

The Internet presents many opportunities to update your image and showcase your skills. Take a three-prong approach: update your online profiles, have new headshots taken and implement a content strategy that will help distinguish you from other candidates.

Start with your online profiles. Make sure your LinkedIn profile conveys your strengths and professional achievements. Potential employers will Google your name, and your LinkedIn profile will show up close to the top of those searches. Ensure you have a well-thought out profile on Google+, too, and on other appropriate platforms.

Next, your mindset

Once you’ve polished your professional profile and made it easily accessible, it is time to look at your physical image. We checked in with style strategist Margo Hason, a certified professional member of the Association of Image Consultants International (AICI), to elicit her advice.“Check your mindset,” she advised. “Dress and groom yourself to make age irrelevant and change your mindset to “age is irrelevant.”

“Two weeks before a headshot appointment meet with your hairstylist to discuss what hairstyle will work best in a photo shoot. Use your cell phone camera to test how it looks in a photo. Then meet with a makeup artist a week before the photo shoot. Make an appointment with your hairstylist and makeup artist for the day of the photo shoot. Or if the photographer’s studio will be supplying those services, bring the test photos from your sessions with both.

How do you want to be seen?

“Determine how you want to be seen,” she added. “If you want to appear in the photo as “professionally approachable” wear textured fabric and a flattering color—for example, a knit top or jacket. If you want to appear as a “professional in authority” or as an expert, wear a structured jacket with smooth fabric and darker in color.  It does not have to be black. Select a dark color that flatters you: a dark blue, burgundy or green. Bring several garment options to the photo shoot. Test to see which colors flatter you with the lighting available. Natural light can be softer, and more flattering.

“Ask to see the photos during the session.  Make sure your face is well lit, your eyes are shining and animated and that you have a natural smile. It can take practice. Keep taking photos and practicing the communication with your eyes and smile. It’s not your age that matters. It’s all about letting your personality and professionalism shine.” For additional tips on updating your image, check out Forever Cool: How to Achieve Ageless, Youthful and Modern Personal Style, by Sherrie Mathieson.

Have the photographer take several shots in each outfit, using different poses. This will produce a variety of photographs that you can publish on a variety of personal profiles. Put the best one on LinkedIn and the others on any other online profiles you may have, including alumni and professional organizations. If you have a professional bio at work, put one there. You want to have many current portraits online. They will displace old images and images you don’t control.

Your content strategy

If you are not already publishing a blog or articles online, seriously consider developing a content strategy. Content creation and social media use are highly valued skills in virtually every industry today. Your articles or blog can also showcase your knowledge and experience in your industry. Whether you publish on sites like Medium, on an industry trade magazine’s site or on a blog they will show up in the top results for a search of your name.

Maintain a Twitter account and use it for professional, rather than personal, topics. Follow Twitter feeds by journalists and experts in your field, as well as your peers. Platforms like Hootsuite allow you to follow all tweets related to a specific topic and help you manage your own social media account. Commit to it long term and post new content consistently. A content strategy that engages multiple digital platforms will be the most impressive to prospective employers. If it seems overwhelming, outsource both the writing and social media. There are plenty of writers available wherever you live who will work within your budget.

Can this businessman become invisible online?

I have a prominent background in the business world. There is considerable information about me online. None of it is negative. But it no longer reflects my lifestyle and I would like to suppress it. I’ve spoken with online reputation management firms and have been told they will need to create a lot of new content about me in order to move it off of the first two pages of Google. However, I prefer to be as private as possible and would rather have nothing there. Is that possible?

Unfortunately, it is necessary to add new content to supplant the old information. There is no way around that. But there is a way to do it with minimal impact on your privacy. The secret is to prepare a content plan that takes up the most space while saying the least about you. Because of your high profile, it should be as elegant as it is understated.

This strategy should be customized, with copy, design and an overall plan that is created specifically for you.  The company you work with cannot fall back on templates, and you should be involved in every step, including knowing what will be published about you, and where and when it will be published. Often ORM campaigns involve publishing dozens of generic-looking profiles with brief bios and headshots on innumerable social media and other digital sites. This works for many people and can be inexpensive. But it is not the best or most appropriate strategy for a client like you. So when you interview firms, ask who will be creating your strategy, what their review and approval process is and whether they will inform you what platforms your information will be published on before it goes live.

Employee reviews are a concern online and off

As an HR executive in a high-profile company, I’m concerned about the employee reviews that appear about it online. The firm is continuing to win multi-million dollar contracts with many, so the reviews don’t seem to be affecting business. But they send a bad signal about the company. Most comments date back to the firm’s previous management. But prospective employees and clients who read them don’t know that. What actions can we take?

It sounds like the company does not have a system in place for collecting and publishing employee reviews. They should. There are a number of ethical ways to do so. Once a company begins eliciting them, more positive ones can be republished and amplified on a variety of social media channels, contributing to a more well-balanced view of its organization.

Understand that neither review management systems nor online reputation management can make negative employee reviews disappear. Most of the sites where they appear (most notably Glassdoor) are “super sites” — huge platforms that cannot be magically transported to the bottom depths of Google.

We have seen Glassdoor reviews appear less prominently on searches (on the second or third pages of results) when companies have an extensive online presence. That means they own and are discussed on many high-ranking sites. So expanding your firm’s online presence can also be an effective strategy. Online reputation management can help with that.

Additional tips

Showcase the best aspects of your company’s culture on your company’s website. That’s where prospective employees, board members and shareholders will research it. Some tips:

  • Use real photographs of your office and employees at work.
  • Create a new section for a series of videos of employees discussing their experiences at the company and what new employees can expect. Explore the feasibility of inviting successful alumni to comment on how their experience with the company helped them land where they are.
  • If your office is located in an appealing area, include descriptions and footage of the surrounding area, from cafés and parks to transportation hubs.

Caveat

Realize that employee reviews, like all online reviews, are subjective. Unhappy employees are far more likely to publish reviews than satisfied ones. So are employees who have been dismissed.  Experts say that initiating a monthly and quarterly employee survey to elicit their feedback can help you establish a better company culture. In the long term, that may contribute to more positive reviews.

Nude photographs of an executive surface online

I am a risk and compliance director at a publicly traded company. A few days ago a longtime senior executive (who is married) confided to me that his private laptop was hacked during a recent trip to Europe. Nude photographs of him (and especially compromising ones at that) were on the laptop and have been published online. I have since learned that the photographs are selfies and are being posted in a variety of sites. Our company’s quarterly earnings report will be released next week. Today one of the images was posted with his name—and our company name. So far, these haven’t risen higher than the fifth page of results in Google searches of our company. But I’m concerned that we will soon see them on page one.

This issue requires triage on four fronts: legal, IT, PR and risk and compliance. First, dedicate a team to tracking the publication of the images and contacting the webmasters of each site to request their removal. Most major sites have a “Terms of Use” clause in fine print (usually located at the bottom of their home page). The publication of the photos will break those rules in many but not all cases.

Next, contact Google’s Request Remove Content page. Google will remove from search results photographs that have been posted without the knowledge and consent of subjects. If webmasters will not remove the material, file a request with Google for each one.

Check with Legal: Does Your Company Have a Social Media Policy?
At the onset of this process, review your company’s social media policy to determine if it addresses this type of issue. According to attorney Scott L. Vernick, only 50% of corporations have social media policies in place at all. Check and see if HR has a system for assisting employees who find themselves in such a position. Consider educating your employees about digital security and privacy risks. In the meantime, your security department should debrief the executive to determine whether the identity of the likely source behind the postings is known. If so, your legal department can evaluate appropriate actions (if any are possible). Cyber forensics can often determine the source of the material. If that is an option you want to pursue, attorney David O. Klein is an expert in Internet and technology law.

Have a question you would like addressed? Post it in the comments section below. We can’t respond to all inquiries but will consider questions relevant to the focus of this column. To gain more insight into online reputation management, read our most popular article: The Essentials: Online Reputation Management FAQs for Everyone.

Is this online reputation management pitch legitimate?

An online reputation management firm contacted me with a pitch to create copyrighted content about me online. It would then then sue platforms that have written about me, forcing them to remove the information from their websites. The claim would be that they published copyrighted content without permission. Is this legitimate? They want to be paid up front with no guarantees.

Buyer beware. This sounds like a ploy that was featured in a Wall Street Journal investigative report on May 15, 2020, “Google Hides News, Tricked by Fake Claims.”  It’s behind a paywall, so here are key passages:

The Journal identified hundreds of instances in which individuals or companies, often using apparently fake identities, caused the Alphabet Inc. unit to remove links to unfavorable articles and blog posts that alleged wrongdoing by convicted criminals, foreign officials and businesspeople in the U.S. and abroad.

“Google took them down in response to copyright complaints, many of which appear to be bogus, the Journal found in an analysis of information from the more than four billion links sent to Google for removal since 2011.

“Yet some requests, the Journal found, appear to be from people manipulating the system in ways it didn’t intend, resulting in Google’s taking down lawful content.

One man “sent Google a series of copyright claims against blogs and a law-firm website that discussed his case, claiming they had copied the posts” from his website. “That wasn’t true, the Journal determined, but Google erased the pages from its search engine anyway.”

After the Journal informed Google of its findings, Google restored more than 52,000 links it had removed and “identified more than 100 new abusive submitters.”

Meaning all the people who paid for that fake removal tactic, lost both their money and their results.

 
 
Online reputation management, about

If you spent years branding your name without filing for a trademark, you can still protect your brand with a federal injunction under the Anti-Cybersquatting Consumer Protection Act (“ACPA”), according to New York attorney Susan Chana Lask.

She filed a federal complaint using the Anti-Cybersquatting law and won a permanent injunction to protect her brand after someone hijacked her name and registered it to a dot com using an anonymous domain registrar called NameCheap. They also parked the domain with her name on a pay for click page and had her name up for auction.

“The injunction I obtained established that my name is my common law trademark and directed NameCheap to transfer to me the domain they registered using my name. It also prohibits anyone from infringing on my name again,” she said. Ms. Lask has written a helpful, detailed blog post with what you need to know to do the same.

Read it at: Protect Your Online Brand With An Anti-Cybersquatting Federal Injunction, Without Registering a Trademark.

 
 
Reputation Communications: Reputation Risks Facing High Net Worth Families

Reputation Communications: Reputation Risks Facing High Net Worth Families

3-Part Briefing, August 5, 12 & 19, 2020

A three-part series of live, 30-minute briefings with reputation management, Internet law, investigations, due diligence and risk mitigation experts will take place on August 5, 12 and 19, 2020. Registration is free and may be made via the links below. The program will be held on Zoom.

Focusing on reputation risk facing high-net-worth families (HNWFs), the program is hosted by Reputation Communications and moderated by its founder and CEO, Shannon Wilkinson.

Participants include Don Aviv, President of Interfor International; Tim Murphy, President & CEO of Consortium Networks; David Niccolini, Co-Founder of TorchStone Global; Christine Rafin, Associate General Counsel – Media and Compliance at American Media in New York City; Dan Shefet, Individual Specialist to UNESCO, and Adviser to the Council of Europe on the Internet Ombudsman;  and an expert in Internet law; and Arun Rao, President of IGI.

“In a digital world, everyone faces reputation risk,” says Shannon Wilkinson. “But high-net-worth families and individuals face special scrutiny and a dangerous loss of privacy both online and off. Online personal and reputational attacks, threats and disparagement, unfounded allegations, disinformation campaigns, impersonation schemes, disturbing online threats, extortion, and harassment are some examples. These risks can impact all areas of their professional and personal life. Having served victims of such issues for a decade, I want to provide HNWFs with my own insight, as well as credible information from colleagues who are experienced in helping such families.”

Program details follow.

Wednesday, August 5: Alert: The Reputation Risk Setting Now.

Shannon Wilkinson will introduce the program and summarize the types of reputation risks HNWFs face, including generational ones, from family leaders to teens and college students.

David Niccolini will provide an overview of the current environment contributing to the aforementioned threats, examples of the types of risks HNWFs encounter now, and the importance of situational awareness.

Tim Murphy will introduce cybersecurity threats that are increasingly common and unique to HNWFs, including account takeover and ransomware attacks.

Click here to register for the August 5th briefing.

Wednesday, August 12: Alarm: Your Internet Legal Rights in the U.S. & Abroad.

Shannon Wilkinson will introduce the program and highlight the differences between American Internet and privacy laws and those in Europe and other countries.

Christine Rafin will summarize why consumers have so few Internet legal rights in the U.S., and address common questions relating to the removal of negative, defamatory and/or infringing material from the Internet.

Dan Shefet will explain how the “Right to Be Forgotten” law operates in Europe and Argentina; provide examples of the types of content that is removable on Google; and describe the privacy laws in Europe, which are far stronger than in the U.S. He will briefly address similar online privacy laws in other countries.

Click here to register for the August 12 briefing.

Wednesday, August 19: Adapt: Double-Due Diligence & Expert Intel.

Shannon Wilkinson will introduce the program and why the issues of due diligence and investigations are relevant in high-net-worth reputation risk cases.

Don Aviv will provide inside examples of the types of threats that due diligence has revealed, especially on the personal rather than organizational side of HNWFs.

Arun Rao will share insight into the types of reputation risk issues facing prominent public figures like elected officials, candidates for public office, entertainers, and high-profile executives. Key issues include investigating and addressing false allegations and “fake news.”

Click here to register for the August 19 briefing.

About the Speakers

Don Aviv: As president of Interfor International, Don has managed, led, and coordinated teams on thousands of due diligence and investigative cases, many with complex aspects and multinational reaches. He directly supports chief security officers and general counsel of some of the world’s leading corporations, financial institutions, and family offices.

Tim Murphy: Tim is a recognized leader in global cybersecurity and intelligence. In his previous role as Deputy Director of the FBI, and now as CEO of Consortium Networks, a cyber network and solutions firm, his experience covers all operational aspects of counterintelligence, criminal, cyber, and intelligence programs. He has experience in ensuring the technological and cybersecurity of companies, high-net-worth individuals and their family offices.

David Niccolini: David Niccolini co-founded TorchStone in 2010. The company has won numerous awards and has been featured in Forbes, The Wall Street Journal, CNN, the Washingtonian, and the PBS News Hour. Over the years, David has directed security, consulting, and investigative operations across six continents on behalf of families (to include Forbes 400) and multinational corporations (to include Fortune 50).

Christine Rafin: As Associate General Counsel – Media and Compliance at American Media, LLC, Christine advises on defamation, privacy, intellectual property and publicity issues for a wide range of brands, including podcasts, online publications and magazines from National Enquirer to US Weekly. Christine has extensive experience representing high net worth individuals in federal and state civil, commercial and regulatory matters. She is an expert in the rapidly-evolving fields of Internet law, digital marketing law, and data privacy and security law.

Arun Rao: As the President of IGI, Arun draws on his experience at the Department of Justice, the White House, and the New York County District Attorney’s Office to advise clients on crisis and risk management. Arun and his team provide concierge-level assistance to elected officials, candidates for office, entertainers, and other prominent individuals facing reputational attacks, threats, and disparagement.  As Principal of The Lenzner Firm (IGI’s affiliated law firm), Arun also provides counsel on potential legal remedies.

Dan Shefet: A French lawyer based in Paris, Dan Shefet holds a Philosophy Degree and a Law Degree from the University of Copenhagen. Specializing in European Law, Competition Law as well as Human Rights in general and in the IT environment in particular, he is a noted public speaker on IT Law, Data Privacy and Human Rights on the internet. In 2014 he founded the Association for Accountability and Internet Democracy (AAID) the main objective of which is to introduce a general principle of accountability on the internet.

Shannon Wilkinson: As the founder of Reputation Communications, one of the first firms in the online reputation management space, Shannon has advised numerous high-net-worth clients, including CEOs, business leaders, luxury brands, public figures, philanthropists, Forbes 400 and Forbes 500 clients, entertainment industry icons, FinTech leaders, tech founders, venture capitalists, and others. Reputation Communications is based in New York.

 
 
reputation management for lawyers

In our digital age of blog posts, social media and “going viral” on the Internet, what can one do when a comment is posted online about an individual – or that individual’s company – which is completely false? What happens when the post is anonymous or has a fictitious name associated with it?

Consider Your Options When You Uncover False Statements Online

Without knowing the identity of the perpetrator, there are certain steps that you can take toward getting the false statement removed from a website.

Most websites have Terms (i.e., terms and conditions, terms of use, terms of service, etc.) that prohibit the posting of defamatory material and include the website operator’s right to remove same.  Websites that offer consumers places to “vent” and post complaints about companies and individuals, such as RipOffReport.com and Complaints.com, usually require that users represent that the information they are posting is truthful and accurate.  Of course, there is no “gatekeeper” to confirm the truth or accuracy of any post at the time that it becomes available to the online world.

The First Step: Contact the Host Website

The first step towards removal of a false online statement is to contact the host website directly to notify it of the violation of its Terms and to demand that the false statement be removed.  You generally can find out who the registrant is of any given website by obtaining the relevant contact information through a WhoIs search on a registrar website, such as networksolutions.com.  Once this information is obtained, a carefully worded letter from your attorney to the registrant may result in the removal of the statement from the subject website.  Of course, issues may arise in accomplishing this goal because, for example, the Communications Decency Act generally protects Internet service providers (“ISPs”), hosts and websites from liability associated with speech that is posted on their websites, blogs, chat rooms, and even speech republished through search engines. Therefore, threatening litigation against an ISP or other online forum may fall on deaf ears.

If the website refuses to remove the defamatory statement, all is not lost.  In some instances, you can easily determine the identity of the perpetrator by the context of the statement (i.e., linking it to a consumer’s repeated complaints to the company, the Better Business Bureau or a state attorney general; or a disgruntled ex-employee’s statements about his or her former employer or boss, etc.).  In such cases, and in cases where the perpetrator is not anonymous, your attorney may contact the perpetrator directly and threaten to commence, and thereafter commence, litigation should the subject statement not be removed (or modified) directly by the perpetrator.

What Can You Do in the Case of the Totally Anonymous Perpetrator?

While there are multiple ways to cloak one’s identity online, it is difficult for the average person to be truly anonymous and untraceable. As such, there are usually ways of uncovering a perpetrator’s identity, although they may involve retaining experts.

Different legal avenues also can be pursued. Legal proceedings can be commenced against anonymous “John Doe” Internet users.  Once an action is filed, a subpoena can be served on the host website to obtain the Internet Protocol (“IP”) address of the perpetrator, as well as other personally identifiable information (“PII”).  The online forum where the subject post appears will generally provide the PII, particularly the IP address, in response to the subpoena, unless a motion to quash is filed.  Once the PII is provided, you can search the IP address to determine the location from where the defamatory statement was posted (i.e., the perpetrator’s home or work address).  You can also subpoena the ISP that assigned the IP address to discover the perpetrator’s identity.

In difficult cases, you likely will have to hire a forensic expert/cyber investigator to forensically track IP addresses, email addresses and other PII to uncover the actual perpetrator.  A good investigator should be able to discover who is behind the defamatory online statement(s) and link the information he or she uncovers to the information produce by the ISP in response to the subpoena.

If the Subject Statement Is of Public Interest and Not Truly “Defamatory,” Beware of the SLAPPback

SLAPP stands for Strategic Lawsuit Against Public Participation, which essentially is a lawsuit filed against a defendant in retaliation for speaking out on a public issue or controversy in, for example, a blog or social media.  True SLAPPs do not have a legal basis and are really aimed at intimidation and harassment – ultimately silencing individuals from voicing their opinions in a public setting.

A little over half of the states in the United States and District of Columbia have enacted “anti-SLAPP” legislation to protect an individual’s right to free speech and prevent such lawsuits.  “Public issues” include those involving celebrities, public officials and the financial solvency of large companies.

Anti-SLAPP statutes help defendants seek, and often obtain, early dismissal of SLAPP lawsuits.  They call for quick hearings on motions to strike complaints and can result in a discovery freeze to protect an anonymous defendant’s identity.

If a defendant is able to demonstrate that the SLAPP action was brought merely for harassment purposes, he or she may file a “SLAPPback” lawsuit against the plaintiff.  A “SLAPPback” is essentially a malicious prosecution action against the plaintiff that may seek punitive damages and damages for emotional distress.

What This All Means

If the defamatory statement is not of public interest about a public issue, there really is no SLAPP concern.  Of course, if the subject statement truly is defamatory and all of the elements of a defamation claim are present, there really is no SLAPP concern either way.  You are thus left with the task of uncloaking the perpetrator and getting all traces of the statement removed from the Internet.  While demand letters often work without the need to proceed to litigation, in difficult cases, your only option may be litigation.

If a court ultimately rules in your favor and finds that the statement is defamatory, you can serve the order on the various search engines, like Google, to have them remove defamatory pages from their search index.  While certain websites like RipOffReport may refuse to completely remove the original post, it has been our experience that they likely will redact the defamatory statements from the post itself.

About the Authors

David Klein is a partner in the New York City law firm Klein Moynihan Turco LLP (KMT), which advises clients ranging from multi-national corporations to technology start-ups.  He speaks and writes extensively on marketing, intellectual property, promotions and technology-related issues. 

Christine Rafin is an attorney specializing in Internet, communications and media law. She is Associate General Counsel – Media and Compliance at American Media, Inc. in New York.

Related reading: An Attorney’s Advice for Removing Negative, Defamatory and Infringing Material from the Internet, by Christine Rafin, Esq.

The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney.  Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.