In-House Counsel Guidebook: How to Handle Internet Defamation and Online Reputation Attacks August 2014 | Page 6

4 It Takes a Team We have found that when each of the different experts analyzes a client’s dilemma, far better solutions can be developed and implemented than if just one of the experts has individually addressed the particular problem. By way of example, we were involved with a case in which we consulted with a PR firm and learned the cost of “burying” the harmful material down search engine results was outside the client’s budget. However, after analyzing the legal issues involved and given the nature of the offending content, we believed we could ask the court to order the defendant to pay our client for the cost of a corrective online PR campaign. We then conferred with a cyber investigator to determine the identity of the defendant, and it became apparent that the defendant had deep pockets. Based on the collaboration with each of these professionals, we filed a lawsuit on our client’s behalf, and our client successfully obtained funds from the defendant for corrective advertising. The client was able to use this money to compensate the PR firm for the corrective advertising necessary to repair the damage from the attack and recover monetary damages from the defendant (more on this technique at the end of the Guidebook). Moreover, we have seen many businesses make the wrong decisions by relying on a single expert to handle their problems, rather than considering other, more practical options. This reminds us of the “law of the instrument” principle associated with psychologist Abraham Maslow, which involves overreliance on a single tool: “I suppose it is tempting, if the only tool you have is a hammer, to treat © Copyright 2014, Vorys, Sater, Seymour and Pease LLP. All Rights Reserved.