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One of the most common issues I am asked about is what a small business can do about online criticism. Here are five practical tips any business can use to help manage their online reputation.

  1. Know What is Being Said About You

To effectively manage your online reputation, you need to know what is being said about your business. Keep an eye on the platforms that matter most to you. For a professional services business like mine, that means watching platforms like LinkedIn. But for other businesses Facebook, Twitter, or Amazon might be more important. And almost every business benefits from keeping an eye on Google’s reviews.

And try to keep an eye on what is being said in the news because many online newspapers allow comments to be posted after articles. We use Google Alerts to get automatic email notifications when our firm or attorneys are mentioned online.

  1. Respond, But Remember You Cannot Argue with Crazy

It is important not to ignore online criticism. But you also cannot argue with a crazy customer. Remember that the primary purpose of responding to an online critique is not to resolve that customer’s situation (more on that below). The purpose is so the rest of the world reading the criticism can see you responded in an empathetic and respectful manner. Use some form of “we are sorry to hear you had a bad experience,” but do not use a stock response. Craft each response based upon the criticism leveled. That shows you are aware of the concern and care about it.
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This post is part of our ongoing series translating the lawyer-gibberish of Pennsylvania lawsuits into something understandable. For the definitions of the terms in bold check out the post that launched this series. A list of the posts in the series is also at the end of this article.

Lawsuits generally end in one of three ways:

  • The case can settle out of court. We’ve already talked about settling cases in the post Let’s Get It Started. This is the most likely way a case is resolved.
  • The case can be resolved by a judge or jury at a trial. But unlike what we see in movies and TV, this is the least likely outcome. We’ll talk more about trial for the next post.
  • A “dispositive motion,” i.e. a motion that resolves the case in someone’s favor without a trial. Think of it as a motion that can “dispose” of a case.

For today’s post, let’s take a deeper dive into these dispositive motions.
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Just because your terms of service say you’re not liable, doesn’t mean you aren’t. Like the fine print at the bottom of a contract, website terms of use are a place for businesses to protect themselves. But they are not a substitute for thinking carefully about how you interact with your customers – particularly if

All digital evidence, whether emails, computer files, or text messages, comes with metadata. Metadata is nothing more than “data about data,” i.e. things your phone or computer keeps track of about a digital file. Some of the most common examples are the “last accessed date” (when a file was last opened) and its “creation date” (when a file was first created).

Great, so metadata exists. So what? I get this question all the time. Particularly from opposing counsel when I’ve demanded that he or she reproduce a set of documents with metadata, usually after he or she has already provided a PDF copy. But I’m not asking for metadata in a fit of gamesmanship or to drive up litigation costs. I do it because metadata can be as valuable as the content itself.
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This post is part of our ongoing series translating the lawyer-gibberish of Pennsylvania lawsuits into something understandable. For the definitions of the terms in bold check out the post that launched this series. A list of the posts in the series is at the end of this article.

After lawyers have collected enough information through interrogatories (written questions) and requests for production of documents, it is usually time for depositions. But what are depositions and what do you need to know about them?

What is a Deposition?

A deposition is a formal interview conducted under oath to get information that the witness knows about the case. Starting with the lawyer who wanted the deposition (sometimes referred to as the one “calling” the deposition), each party’s attorney gets to ask questions. The answers are written down by a court reporter into a transcript that can be used later.

Who Can be Deposed?

Any person can be asked to sit for a deposition, including the parties to the lawsuit and other third parties. If you are a party to the lawsuit, the other lawyer only needs to ask and send your lawyer a notice about the deposition. Third parties receive subpoenas to attend a deposition and may also be asked to bring documents with them (just like a request for production of documents). Unless something unusual happens, a person can only be deposed one time per lawsuit.
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Each year SCORE Lancaster-Lebanon honors five local small businesses for their success. This year’s winners included both for-profit and not-for-profit businesses. It also included new companies and those taking their products and services to another level.

I could tell you about each of the award winners, but the best source of information about them is

Every business has those key employees who you really do not want to lose. A common risk for this is when your customers see how well an employee performs and decides it would be even better to bring them in-house (cutting out you and your profit margin). Many businesses protect themselves against this risk with a “no-hire” clause in customer contracts where they agree not to poach employees from you. But that may no longer be possible here in Pennsylvania.
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Back in July, Matt Landis updated us on several of the stories confirming Lancaster’s technology sector continued to thrive in 2018. As we close out the year, let’s look at a few more that made the news in our area during the second half of the year!

  • Think self-driving cars are still an early-stage

A few months ago I wrote about the Third Circuit Court of Appeal’s avoidance of ruling on whether employers have a duty to protect their employees’ personal information. We now have an answer to that question (at least in this Commonwealth) from Pennsylvania’s Supreme Court: Yes, yes it does.

On the eve of Thanksgiving the Pennsylvania Supreme Court released its decision in Dittman v. UPMC. This lawsuit was brought by employees of the University of Pittsburgh Medical Center over a data breach that leaked the employees’ names, birth dates, social security numbers, and bank account information. But the existence of a duty by UPMC to protect this personal information remained in doubt. The Court ended this debate by ruling:

an employer has a legal duty to exercise reasonable care to safeguard its employees’ sensitive personal information stored by the employer on an internet-accessible computer system.

For employees, this is a decision that should be heralded as an important protection against identity theft. After all, what choice does an employee have but to give personal data to their employer? That the employer must protect that information is just common sense.
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