In a rapidly shifting regulatory landscape, corporations face an ever-growing mountain of rules and enforcement actions. This change in environment affects every facet of business operation – from writing a compliant employee handbook to managing online sales practices source source. Amy Manning, chair of the antitrust practice group at McGuire, Woods, Battle & Boothe, warned on a recent panel at ALM Global’s General Council Conference Midwest in Chicago that the “e” in email could also represent “evidence” and “eternal” source.
Manning’s comments underscore the high stakes and potential perils associated with corporate electronic communication. This year has seen numerous examples of internal communications landing companies in hot water, including the FTC’s case against Amazon and SEC allegations against the software company SolarWinds source source.
The challenges associated with managing electronic communication are multifaceted, given the casual and instantaneous nature of many of these exchanges. However, as highlighted by the Society for Human Resource Management, prudence and caution can help avoid potential legal issues source. The guidelines recommend observing a rule of thumb in the HR domain: never write anything that would feel inappropriate if placed in an employee newsletter.
Further advice suggests it is advisable for HR leaders to undertake training for their managers on understanding the high stakes of electronic communication. As every message has the potential to serve as evidence in legal contexts, it is essential for organisations to remain aware and vigilant.
To gain deeper insights into the potential perils posed by corporate communications and tips on dealing with that, one might find this Law.com article helpful.