Lexpert Magazine

July/August 2017

Lexpert magazine features articles and columns on developments in legal practice management, deals and lawsuits of interest in Canada, the law and business issues of interest to legal professionals and businesses that purchase legal services.

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LEXPERT MAGAZINE | JULY/AUGUST 2017 59 | IN-HOUSE ADVISOR: SOCIAL MEDIA DISCLOSURE | Sabrina Royer, with the Toronto office of Bennett Jones LLP, says social media provide listed companies with effective means to reach their stakeholders. "It's real-time, cost-effective and accessi- ble," Royer says. "Initially, companies used social media as a marketing tool, but it's become more commonplace to use it as a customer- and investor-outreach tool." She adds that she sees SN 51-348 as encourag- ing proper use of social media, rather than disallowing it. Merkley says that social media "allow issuers to broadly and instantaneously reach an audience at very low cost. And it's skewed to young people." is includes millennials, born from roughly 1980 to 1995, who are currently reaching invest- ment age and are commonly defined, in part, by their affinity for technology, and social media in particular. "Issuers want to reach that audience." Van Horne sees it as going beyond tra- ditional channels to reach "an audience that doesn't sit around and read a Bloom- berg terminal." He says social media are oen used in hiring, where they're seen by many companies as faster and less costly than recruiting firms. And as environmental advocates have taken to social media to op- pose corporate development, companies have responded through their own online channels. "You see a lot of that here [in Calgary] from the larger [energy explora- tion and production] issuers," he says. Oil sands operators and the Canadian Associa- tion of Petroleum Producers use a variety of Internet media to promote their views on responsible development. Of course, none of these activities re- quires the involvement of trained investor- relations professionals. So it was perhaps inevitable that social media efforts would eventually cross over into the realm of se- curities compliance. Main says Telus company policy requires close co-ordination between corporate communications, investor relations and the legal department to ensure that disclo- sure regulations are not violated. In the ex- ample of a development project, he says, le- gal would take the lead in ensuring that any website description of the project posted by corporate communications is consistent with disclosure information published by investor relations. "I'd like to think it's been inadvertent," Van Horne says of compliance infractions. He agrees with Royer and Merkley that there was never any Wild West attitude in the business community; no assump- tion that "anything goes" on social media. Instances of non-compliance have simply been part of the learning curve inherent in adopting new communications channels. CHRISTOPHER MAIN > TELUS COMMUNICATIONS INC. Social media has a more casual style, but you can't say that, because social media is more casual, you can get casual with disclosure. You can't. … If you weren't an authorized spokesperson, that doesn't change just because you can tweet.

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