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In-House Counsel Join the Blogosphere [By Jen Woods] Millions of Internet users post or read online blogs, and that number is slowly beginning to include in-house counsel.
Of the 147 million Americans who use
In order to protect companies from public
One of the pioneers in the legal blogosphere
the Internet, about 57 million read blogs
criticism, employee blogs like Dillon’s include
is David Munn, Senior Counsel at Fair Isaac
and 12 million write blogs, according to a
disclosures. For example, Dillon’s site reads:
Corporation. He started
2006 Pew Internet & American Life Project
“The individuals who post here work at Sun
LegalTech.com in 2001. His blog includes
survey. But blogging only recently became
Microsystems. The opinions expressed here
practical information relating to technology for corporate counsel.
widespread. About 51% of all bloggers
are their own, are not necessarily reviewed
surveyed said they had been blogging for
in advance by anyone but the individual
less than a year.
authors, and neither Sun nor any other party necessarily agrees with them.”
Another early lawyer-blogger is the author of Wired GC, which was started in December 2004. The anonymous author writes on
Corporate counsel blogs can be companysanctioned sites or anonymous personal
According to Dillon’s website, more than
topics ranging from compliance to new
sites. Some bloggers want to share work-
4,000 Sun employees have blogs, including
services, and he recently added podcasts to
related information and resources with other
CEO Jonathan Schwartz. “A constant focus
his site.
in-house attorneys, while others simply want
for us is how to drive greater openness and
to write. Most corporate counsel bloggers
transparency in our business. It’s part of
Reading blogs can help lawyers stay on
are interested in fostering professional
our corporate DNA,” Dillon wrote.
top of the latest news and trends in the
dialogues about public policy or emerging
legal industry. Readers have access to an Personal blogs are also very popular, and
abundance of information, since there are
today’s technology makes it easy to set
more than 38 million online blogs, according
Company-sanctioned blogs can be effective
up a website. Services like BlogSpot and
to the blog-tracking site Technorati.com.
communication tools, allowing companies
TypePad are free and user-friendly.
Many bloggers, about 56%, check facts
legal issues relevant to their fields.
before posting, and about 57% cite original
and their clients to interact. In-house lawyers can respond to the public’s
However, companies should be cautious
sources, according to the Pew Internet &
questions and concerns immediately online.
if their lawyers write blogs about work.
American Life Project survey. In addition,
“It is an unparalleled way for companies to
No laws regulate blogging, and there is
readers can comment on or challenge
have direct and immediate communications
practically no case law to offer guidance.
claims made in most blog posts, and
with employees, customers, suppliers,
“Unfortunately, to date there hasn’t been
bloggers can make corrections immediately.
and, especially, shareholders,” Michael
any specific regulatory guidance from the
Dillon, Executive Vice President, General
U.S. Securities and Exchange Commission
Counsel, and Corporate Secretary of Sun
as to how a company can use the Internet
Microsystems, Inc., wrote in his blog.
alone (via webcasts, blogs or website
Pew Internet & American Life Project
postings) and conform with Reg FD,” Dillon
www.pewinternet.org
Dillon is believed to be the first general
wrote in his blog.
counsel of a Fortune 500 company to have a work-related blog. Dillon’s writings on the
Lawyers who post blogs cannot release
legal thing…notes from a General Counsel focus primarily on his company. For instance, he has written about Sun’s diversity, as well as the company’s decision to create a blogging site for former employees.
confidential information about their
PAGE
ON THE NET
the legal thing www.blogs.sun.com/dillon
companies or jeopardize attorney-client
LegalTech.com
privilege. Defamation of managers and
www.legaltech.com
coworkers, as well as damage to a company’s reputation, are also potential threats.