Please Read: Reminders and Etiquette
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While ALA and PSALA strives to encourage and facilitate open conversation amongst members, we are sometimes required to take a conservative approach to safeguard the association and its members and are particularly mindful of activity that could be interpreted as restrictive to free trade. Associations are comprised of a group of competitors in most cases and, as such, already fall under scrutiny. Please know that these requests are made with our members’ best interests at the forefront.
To further help clarify what falls under the umbrella of antitrust communications and potentially could be viewed as a free trade restriction, please use consideration in these areas:
- Discussion of price, compensation, terms of sale, salaries, compensatory benefits, profits/profit margins, cost data, commission, allocation of customers/territories/markets
- An agreement as to the buy-in formula required to be a partner is a term and condition of trade, as would be the agreement by a group of law office managers to offer a set group of benefits and salary levels in a specific geographic area
- Content should not be posted if it encourages or facilitates members to arrive at any agreement that either expressly or implicitly leads to price/salary/benefit fixing, a boycott or agreement not to use a specific business
- Selection, rejection, or termination of customers or suppliers
Here are some examples to help illustrate preferred vs. subjective communications:
Preferred: “We had a specific checklist of features to help us select the right product. I’m posting it here.”
Subjective: “XYZ performed the WORST on all our evaluations and cost the MOST! Stay away!”
Preferred: “We were using XYZ product but we found it was not able to integrate with ABC product and ABC product was essential to our firm so we had to find something else.”
Subjective: “Don’t EVER USE XYZ product! You didn’t ask about them, but I want to prevent you from making a big mistake if you did go that route.”
Preferred: Here are the steps we take to document the process of nonperformance.
Subjective: Just say this and for sure you’ll be able to get out of their bad contract!
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