These days, many – if not most – American businesses rely on online platforms for marketing, communication and public relations. Unfortunately, when a company is facing litigation, especially in high-stakes cases involving asbestos exposure, toxic torts and other potentially far-reaching commercial claims, this online activity must be handled with extreme caution.
Social media posts, website updates and even advertisements can be used as evidence in legal proceedings, potentially affecting the outcome of a case.
Why being cautious is so important
When a business is involved in litigation, opposing parties and their attorneys may scrutinize its online presence to gather evidence. Even seemingly harmless posts can be taken out of context or used to undermine the company’s legal position. Risks include:
- Public statements used as admissions: A company’s social media posts, press releases or blog entries could be interpreted as an admission of liability or used to contradict legal arguments.
- Inconsistent messaging: If a business presents one version of events in court but another in online communications, the inconsistency could damage its credibility.
- Internal communications becoming evidence: Emails, chat messages or internal documents discussing the lawsuit may be used as evidence against the company.
- Employee posts complicating the case: Employees may unknowingly share information that could harm their employer’s defense, such as discussing the case online or posting photos that suggest unsafe practices.
To protect their legal position, businesses should implement a strategy to manage online and internal communications carefully while litigation is pending. Seeking personalized legal guidance in this regard can help companies better ensure that they don’t unintentionally undermine the strength of their defensive posture by what they or their workers post online.