Components of Astute Social Media Marketing Manager
The managerial proficiency of legal astuteness has four key components: attitudinal component, proactive component, judgments, and knowledge component.
A legally astute management team understands the significance of law to firm success. Law establishes the rules and regulation of the social media transaction especially for managers striving to create value and to capture consumers. Law not only enforces the social consensus on ethical values, but also affects the development of ethical expectations. This plays a crucial role in determining the role played by the managers. A legally astute manager understands the significance of meeting the expectation of consumers through fair stakeholder treatment. In addition, a legally astute manager accepts the responsibility of managing the legal aspect of the business and not to delegate the decision making responsibilities to other persons such as counsel.
This component is exceedingly essential to managers in social media marketing. This is because it makes manager understand that legal inferences are usually ambiguous and perforated with potential loopholes. In addition, astute management in social media marketing acknowledges the fact that ethical and moral consideration may impinge upon most legal questions (Bagley & Harvard Business School, 2006). Furthermore, it makes the managers participate in the formulation of tomorrow’s laws that reduce the risk involved when conducting cyberspace business.
A legally astute management teams incorporate legal opportunities and constraints at every stage of social media marketing strategy formulation and implementation. Managers assume proactive methodology in regulation. This component is crucial because it makes the astute management team demand legal counsel that is social media marketing and business orientated. Furthermore, it ensures that lawyers assist business managers in addressing business prospective threats and risks. This component requires a counsel to consider social, economic, and political factors providing their inputs to the business.
In dealing with risks and uncertainties that are usually inherent in many decision making aspects especially those pertaining to social media transaction, legal aspects need the exercise of an informed judgment. Legally astute managers, even those with a legal background, need to appreciate the significance of choosing a true legal counselor in order to combine the knowledge of black-letter law with wisdom and judgment. This will play a crucial role in managing risks that may erupt in the course business transaction through social media.
Wisdom in judgment is more than just technical skills in mitigation of risk involved in cyberspace transaction. This is because it is the capacity to offer purposeful advice. It goes beyond the provision of whatever means are required by the cyberspace client in achievement of the goals and objectives. This component enables the manager to integrate all manner of perspectives from HR professionals, financial experts, and legal counsel in mitigation of risks involved in cyberspace transaction. It also enhances identification of risks that justify spending on both cyberspace transactional assistance and in legal research such as contract negotiation and drafting.
The Knowledge Component
A legally astute manager needs to attain a degree of legal literacy that is beneficial to their context. The knowledge component is essential in mitigating risk since it enables the manager to pinpoint and to pursue opportunities that, both, mitigate the risks and increase total value, generated by the cyberspace transaction. It enables the manager to use contract and other tools in the creation of options as well as protection and realization of value of the firm resources.
Methods of Dispute Resolution
There are various alternative methods that offer businesses and consumers an opportunity to resolve their business disputes in an appropriate way. These methods include negotiation, conciliation, arbitration, and litigation.
Negotiation is a discursive communication between the parties involved in the dispute with an aim of trying to get a solution to the problem. There are no specific procedures that are followed during the negotiations, the parties agree on time and place of negotiations. A successful negotiation occurs when the needs and concerns of aggrieved parties are considered. A negotiated agreement usually leads to an enforceable contract.
Conciliation is a professional method through which a neutral person helps the aggrieved parties to reconcile through communication. Conciliation enables the conflicting parties to have a mutually supportable treaty. The moderator does not make decision nor force an agreement. The parties involved are usually responsible for negotiating and making an agreement.
Arbitration involves submission of a disputed matter to an impartial person for the decision. Typically, the process is usually out of court method of resolving disputes. The arbitrators usually control the entire process. He/she listens to both parties and makes written decision based on applicable laws and code of practice as well as other relevant factors. Just like trial, only one party prevails in the arbitration process.
Litigation normally involves the court and civil justice system in course of resolving a dispute. Litigation process starts with filing of a lawsuit in a court. In litigation, specific rules and procedures are usually followed. All the facts and evidence pertaining to the disputes are considered by a judge before giving the final verdict.
Among the four alternative methods of solving a dispute, litigation is the most appropriate method of settling a dispute between the consumer and businesses that provide links through social media. This is so if following a formal judicial proceeding that allows full examination and determination of all issues between the consumer and the business. The decision is usually made through the application of facts of the case as well as the provisions of applicable law. In addition, the decision concluded through the litigation process is usually enforceable.
Ways in Which Federal Government Can Best Control Consumer Transactions on Social Media across State Lines
With the rapid technological advances, decrease in technology cost, and widespread e-commerce, domestically and internationally, there have been many business transactions conducted over the social media in the US. In order to ensure all these transaction are in compliant with federal laws and state’s laws, US uniform commercial code and state common laws need to be applied in order to protect e-commerce transaction over the states lines (Lim, 2002). In addition, all the business transaction conducted across the state lines need to be subject to licensing requirements established under the bureau of the industry and security. The US attorney should also ensure that every business name, website domain, and trademark is available in every state in which the consumer wishes to conduct business. The federal legal provisions should make it a requirement for all customers to register and create an account before making purchases on a social media sites. The federal criminal law in US statutes should also be used in protection of business transactions in social media over state lines. It should prohibit the use of wire communication and fraud mail in a fraudulent scheme. In addition, the law prohibits misuse and unlawful release of consumer identification information within all states and across state boundaries.
The Branches of Government
The government of United States of America is made up of three main branches; the executive consist of the president as the head, the vice president and the cabinet. The legislature which is composed of senate, and House of Representatives, and the judicially that made up Supreme Court, and the lower courts. The executive enforces the law enacted by the legislature and, thereby, effects their implementation. The legislature is also called the congress, and is involved in the legislative process. In addition, they have the power to veto presidential decisions, and actions. The judiciary is a branch of government whose principal mandate is the interpretation of the constitution. At the federal level, judiciary has lower courts that are located in each state. All three branches of the US government have their main headquarters in Washington D. C. Among the three branches, the legislature is the one which can effectuate the most significant influence on regulation of a consumer transaction through the social media outlets. This is because the congress holds the power to create and amend all the laws including the one governing cyberspace transaction. In addition, any decision made by the executive must be approved by the congress hence it practically runs the affairs of the state.
Agency Relationship between Social Media Provider and Business That Utilize the Site for Advertising
Social media marketing normally centers on the efforts that create content that attracts the attentions of consumers and readers distribute the message within social sites. A message from the company spreads from one user to another, and it resonates simply because it appears from trusted source. It is through social media site that businesses initiate a conversation and interaction with individual consumers. Social media sites provide information to the business about the product and service that a potential client might have an interest in. Additionally, social media site providers make it possible for business to monitor buying signals such as the content shared by the people posting online. This helps the sales persons to target relevant prospective consumer. Furthermore, social media sites such as Twitter and Facebook provide the business advertisers with relevant information about the likes and dislikes of the online customers. This tactics is essential for the business because it provides advertising company with a target audience. With good relationships with social media providers, important information about the consumer is usually provided to the business, who then advertises accordingly.