Legal review represents critical quality control for press releases, particularly for public companies, regulated industries, or announcements involving legal matters. Understanding when legal review is necessary and what issues counsel evaluates prevents compliance problems, regulatory violations, and potential liability.
Material information disclosure for public companies requires careful legal review under securities regulations. Information that could reasonably affect investment decisions must be disclosed properly through specified channels. Legal counsel determines whether announcements constitute material information requiring Form 8-K filing or other regulatory filings alongside press release distribution.
Forward-looking statements in press releases trigger specific legal requirements and protections. Under securities safe harbor provisions, companies can discuss projections and expectations if accompanied by appropriate cautionary language and risk factor disclosure. Legal counsel crafts safe harbor statements that provide protection while allowing meaningful forward-looking discussion.
Competitive claims require substantiation to avoid false advertising violations and potential litigation. Superlative claims about being 'best,' 'leading,' or 'first' must be objectively verifiable. Legal review ensures competitive positioning is defensible if challenged. Many companies adopt conservative approaches, avoiding superlatives entirely or qualifying claims carefully.
Product claims and efficacy statements face regulatory scrutiny in healthcare, pharmaceuticals, financial services, and other regulated industries. FDA, FTC, SEC, and other regulators monitor press releases for inappropriate claims. Legal counsel ensures product descriptions comply with industry-specific regulations and approval limitations.
Intellectual property references—patents, trademarks, copyrights—require proper notation and accuracy. Legal review confirms correct trademark symbols, accurate patent citations, and appropriate attribution for licensed or third-party IP. Incorrect IP references can create legal complications or weaken IP protections.
Privacy considerations govern whether and how press releases can reference customers, partners, or individuals. Legal counsel evaluates whether necessary permissions have been obtained, whether statements could be considered defamatory, and whether privacy laws restrict information disclosure. This review is particularly important for healthcare, financial services, and international communications.
Partnership and customer references often require legal review to ensure contractual obligations are respected. Some partnerships include confidentiality provisions limiting what can be publicly disclosed. Customer references might require prior approval or specific language. Review agreements before issuing press releases mentioning business relationships.
Financial information disclosure must comply with accounting standards and securities regulations. Legal counsel works with finance teams to ensure financial metrics are presented accurately, GAAP measures are properly labeled, and non-GAAP measures include required reconciliations and explanations.
Regulatory approval claims require precision to avoid misleading stakeholders. Press releases announcing regulatory submissions, approvals, or compliance milestones must accurately represent status and limitations. Overstating approval status or downplaying restrictions creates regulatory and legal risks.
International legal considerations multiply for global press releases. Different countries have varying regulations around advertising claims, privacy, securities disclosure, and more. When distributing internationally, legal review should consider regulations in all target markets or at minimum in primary markets.
Crisis communication legal review balances transparency with liability protection. During crises, legal counsel often advises minimal disclosure to limit liability, while PR professionals advocate for transparency. This tension requires careful navigation—typically involving compromise language that addresses stakeholder needs while protecting legal position.