In-House Counsel Guidebook: How to Handle Internet Defamation and Online Reputation Attacks August 2014 | Page 8

6 When a multi-disciplinary team analyzes how to respond to an online attack, there are a host of factors that experts must consider, including the potential impact of the attack, the cost of potential solutions, the culture of the business, and the risk of making the situation even worse. Further, each attack is Each attack is unique, and so is the resulting harm. unique, and so Some online attacks may be just minor is the resulting concerns to businesses, whereas others harm. can be extremely detrimental. Thus, when determining the best approach for handing such attacks, it often boils down to a balancing of the potential harm of the online attacks against the costs and risks of responding in a particular manner, as well as the overall likelihood of success of a potential solution. A business can certainly tell if and to what extent the online attack is damaging its profits. For instance, a business can look at whether there has been a drop in profits since the defamatory posting; it can examine whether other factors have changed which could have caused a decrease in profits; or it can examine if the negative online information was the cause. Aside from traditional financial data, there is other specific information in-house counsel and the business should gather to get a suitable handle on the potential harm of the reputation attack. © Copyright 2014, Vorys, Sater, Seymour and Pease LLP. All Rights Reserved.