Archive for August, 2011

Hershey’s Reputation Crisis

Saturday, August 20th, 2011
Hershey's Syrup, circa 1950s

Image via Wikipedia

Hershey’s has a crisis. It erupted Thursday. Since then over 600 articles about it have appeared online, including this New York Times editorial. It is a legal quagmire that no one appears to want to take responsibility for.

Background: A group of  international college students came to the U.S. this summer for a cultural/work experience.  The State Department arranged it. They paid up to $6000 for the opportunity to work and travel here during their summer off from engineering, medical and other foreign universities.

Coming at a time when the U.S. faces an economic crisis of its own, the summer job many got was sweat shifts at a Hershey vendor’s plant for wages of $7.25 to $8.35 an hour. Disturbed by the labor conditions and encouraged by local labor leaders, they staged a public protest now heard around the world.

Six hundred articles and one New York Times editorial later, Hershey’s has said little except that the responsibility lies with their vendor.

Hershey’s has deep reservoirs of reputation capital: goodwill and brand loyalty from millions of multi-generational Americans. Historically, long-established companies with excellent reputations have been able to withstand such crises. Toyota did, after a 2009 recall created a massive reputation crisis for the company. (This Harvard Business Review study explains how.)

Hershey’s needs to demonstrate leadership — and concern for the students’ complaints. The longer it waits to address the crisis, the worse it will get.  Whether or not Hershey’s was directly responsible doesn’t excuse the company from stepping forward and taking steps to rectify a situation that never should have happened in the first place.

Starbucks CEO Howard Schultz Shines as Citizen Activist

Thursday, August 18th, 2011

Starbucks founder Howard Schultz has called on American CEO’s to provide the economic leadership that our government is unable to.

As founder of one of the most popular companies in America, Schultz has proven to be an effective agent of change. With millions of loyal customers, Starbucks is also an influencer.

No wonder Schultz made headlines last week when he called on fellow CEOs to boycott Washington by stopping all political campaign contributions. “The CEO of Starbucks wants Washington to wake up and smell the coffee,” reported Huffington Post writer Dan Froomkin. His August 15th piece explains why.

On Piers Morgan last night, Schultz showed more decisive leadership than any elected official in Washington has in recent months. He was calm, focused and respectful toward Washington leaders as he presented solutions to address the growing crisis.

Estimating that “a third of the states are facing a crisis of insolvency,” he said that Washington’s  political infighting is causing great damage and harm to business in America.

He also warned that businesses are “going to have to do more to provide the kinds of services to the communities we serve, and a safety net for the people that we employ, because the federal government is not going to have the resources.”

Howard Schultz shines in his new role as citizen activist. Starbuck’s popularity reflects it.

Morrison & Foerster’s Social Media Law Newsletter Merits a Thousand Tweets

Wednesday, August 17th, 2011

Morrison & Foerster‘s Socially Aware: The Social Media Law Update newsletter is a good one.

One insider describes Socially Aware as “being to social media legal/business news what TMZ is to gossip.” Morrison & Foester technology transactions partner John Delaney and a tight-knit group of nearly two dozen other Morrison & Foerster tech, IP, privacy, litigation, venture capital and other lawyers put out the newsletter. (It won the 2011 Burton Award for excellence in legal writing and analysis in its first year of publication.)

My favorite takeaway: a lengthy piece on how Medical Justice is helping doctors use copyright law to combat negative customer reviews.  MoFo’s resource section is a trove of useful articles. Kimberly Robinson’s Conducting Informal Social Discovery Through Social Media Sites is one to bookmark.

The 4 Pillars of Online Reputation Management

Saturday, August 13th, 2011

Online reputation management (ORM) is often mistakenly referred to as SEO (search engine optimization).  SEO plays an important supporting role in ORM. But it is not the chief tool. Content is.

ORM consists of four pillars:

Content. Content is information-rich text that is not duplicated elsewhere online. It is helpful, relevant and well written. “Content” can also be video, photographs, podcasts and any other form of information placed online.

Platforms. Platforms are the online sites where content is placed: websites, blogs, micro blogs, forums, directories, news sites, 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 throughout, inbound links (links to the site from other sites) and other strategies.

There are two types of SEO. 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 penalize them by making them disappear online (by dropping them a thousand pages or so down in Google). Or, they eliminate their listings altogether.

Strategy. Every online reputation is different. Managing them requires a goal, strategic plan and timetable. Whether or not sites may benefit from structural changes – say, by the addition of blogs or sub domains – is an important aspect of strategic planning.

It can take weeks to see a difference once a plan is enacted. That’s because search engines may not notice new content for some time. Depending on the level of information about the topic online, months may be needed to affect the desired change.

Strategy, SEO and platforms can only take you so far without content: continuous, informative, accurate and rich content. That is why the best online reputation management plans begin, build and end with it.

The Right to be Forgotten: Europe’s Online Reputation Management Debate Escalates

Wednesday, August 10th, 2011

Three out of four Europeans recently polled insist they should have the right to remove any online information about them that is publicly available on the Internet.

They believe individuals should have a “right to be forgotten” on the Web, should they choose to be. Spain’s government agrees and is calling widespread attention to the issue. Today, reporter Suzanne Daley wrote:

“It [Spain] has ordered Google to stop indexing information about 90 citizens who filed formal complaints with its Data Protection Agency. The case is now in court and being watched closely across Europe for how it might affect the control citizens will have over information they posted, or which was posted about them, on the Web.”

Franz Werro, a law professor she interviewed, said that “in the United States, courts have consistently found that the right to publish the truth about someone’s past supersedes any right to privacy. Europeans, he said, see things differently: “In Europe you don’t have the right to say anything about anybody, even if it is true.”

The online privacy issues that affect online reputation management are complex. Here in the U.S., we have far more obstacles to overcome before such a movement takes hold in our legal system. The Internet was created as an open system of information. We have a vastly more commercial set of entities profiting from the information they access about us online. Freedom of speech proponents would debate the issue for decades. Information is constantly spilling online because of errors, hacking, employee mistakes. The main law governing who is (not) responsible for what is posted online is way behind the times. Our legal system is still grappling with how and what to govern online information.  Virtually everything entered online is indexed, and not just by Google. It is a tangled web.