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Internal Communications Require Diligence and Compliance

The Marketing Review policy in the LexisNexis policies on People Hub does *not* make a distinction between the types of materials that require legal review based on their internal or external nature.  That policy treats both internal and external materials to the same levels of review:

"’Materials’ as used in this policy includes all written marketing pieces, advertisements, promotional pieces, press releases, various literature, web sites, signs, packaging, and other text, video, audio or other media that may be used to transmit any type of information (internally or externally) about any of the LNG companies or their products, services or solutions.” (Emphasis Added)

Why?   If the company becomes involved in a lawsuit or is involved in another legal proceeding where the subject matter of the communication is relevant to the issues involved, that internal communication may be produced in that proceeding.  If that communication casts an unfavorable light on our position in that proceeding, it may be used against the company. 

For instance, if we use or describe our trademarks in some way that someone might say is evidence that the company does not think the mark is special or specific to our goods, then someone might try to use that internal communication against the company to argue our trademark is no longer protectable.  

Similarly, even if the sweepstakes or contest is internal, disputes can occur when events awarding prizes do not have the rules fully listed. 

For internal or external “Materials” that require legal review (and not all do!), please review the list provided in the LN Marking Review Policy with your LN policies on People Hub.

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