
From Courtroom To Boardroom: Why Legal Advisors Must Understand Online Risk
In my role, I often join privacy audits and digital exposure reviews with senior legal teams. These meetings usually follow a familiar rhythm: data maps, access controls and third-party risk. But recently, in a session with a Fortune 100 client, the general counsel paused, smiled and said, 'You know what's wild? Our board spent more time last quarter debating the TikTok ban than tax compliance.'
Everyone laughed, but the point was made. The definition of risk is changing—and fast.
From deepfake videos and doxxing campaigns to manipulated search results and AI-generated misinformation, reputational threats no longer wait for a courtroom. They unfold in real time, online, and are increasingly showing up on the agendas of governance meetings.
Legal advisors are being pulled into these conversations whether they are ready or not. And in 2025, fluency in digital visibility, online privacy and reputational risk is no longer optional.
It's not enough to focus on contracts, compliance and litigation. Legal professionals, especially those who serve as board members or advise executives, need fluency in how digital visibility, online privacy and public narratives affect enterprise risk.
According to a PricewaterhouseCoopers survey cited in the National Association of Corporate Directors' Directorship magazine, "72 percent of directors reported that going through a recent reputational crisis reflected negatively on the board members themselves." And 80% of directors under 60 expected this to impact their personal brand. As reputational threats become more personal, legal advisors and board leaders alike are facing a new kind of exposure—one that traditional risk frameworks were not designed to handle.
Lawyers are already central to governance. Now they're being asked to bridge the gap between legal and digital risk, often with little precedent or playbooks. Here are five ways that legal professionals can lean into this expanded role and bring real value to the organizations they serve.
1. Start with a digital exposure review, not just a legal audit.
Most boards already run background checks and conflict-of-interest reviews during onboarding for new hires. But few conduct a comprehensive scan of what the internet is saying about them. That's a mistake.
Before an incident occurs, advisors should encourage a digital audit of directors, executives and key stakeholders. This includes reviewing what appears in search results, identifying vulnerable data on people search sites and flagging old content that could be taken out of context.
Legal teams don't need to do this work themselves, but they do need to make sure that someone does it.
2. Treat online incidents like a crisis, not a sideshow.
When misinformation or a viral tweet surfaces, legal counsel is often looped in late, after the fire has started. Instead, lawyers should be at the table when digital crisis plans are created.
Whether the issue is a rogue employee's comment or a coordinated smear campaign, reputation incidents deserve the same rigor as product recalls or regulatory violations. Escalation paths should be clear. Roles should be defined. Response protocols should be rehearsed.
The best time to plan is before the first headline hits.
3. Know where legal tools fall short.
Many people assume defamation claims or cease-and-desist letters are enough to address online attacks. In reality, they are not always effective.
Content platforms are protected. Anonymous speech is hard to unmask. Even when removal is possible, the timeline is often months, not days.
Understanding the limits of legal remedies is critical. In many cases, strategic suppression, proactive digital hygiene or partnerships with cybersecurity and PR teams can deliver faster, more reliable outcomes.
The point isn't to replace legal action. It's to expand your toolkit.
4. Integrate online risk into governance training.
Directors are trained to oversee financials, ethics and enterprise risk. But few are prepared to navigate their own digital footprint.
Legal advisors should advocate for briefings that include topics like data broker exposure, personal privacy settings, impersonation risks and the impact of search visibility on stakeholder trust. When directors understand these dynamics, they will be better equipped to identify vulnerabilities and support smarter policies.
It's not about turning them into digital experts. It's about helping them ask the right questions.
5. Work across departments to strengthen resilience.
Online risk doesn't fall neatly under one department. That's why legal teams must collaborate with IT, communications, HR and outside vendors to manage it.
Lawyers are often the connective tissue between strategy and execution. They're uniquely positioned to align stakeholders, document decision-making and ensure that any response plan is legally sound.
The more integrated the approach, the faster the response and the lower the risk.
Final Thoughts
Lawyers have always been stewards of trust. In 2025, that role is expanding. The ability to interpret contracts or defend clients in court remains vital, but it's no longer enough. Boards are asking for guidance on reputational threats that emerge from pixels—digital footprints and online discourse—not just paperwork.
Those who understand this shift will become more than legal advisors. They'll serve as indispensable partners in protecting brand, leadership and long-term value.
Because in today's world, the courtroom may still be the final line of defense, but reputational battles often begin long before that: with a Google search.
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