Erich Andersen, TikTok's General Counsel, will become Special Counsel at ByteDance to focus on legal strategies against a potential U.S. ban following new legislation.
Erich Andersen, General Counsel for the social media giant TikTok and its parent company ByteDance, is set to leave his current role in June to take on the position of Special Counsel within the company. This strategic shift comes in the wake of President Biden signing legislation that could potentially lead to a U.S. ban on TikTok unless ByteDance divests its stake within a year.
Andersen, who joined ByteDance in 2020, will now concentrate on the company's efforts to contest the U.S. legislation, which supporters of the ban argue is a necessary measure to address national security concerns due to ByteDance's ties to China. TikTok CEO Shou Zi Chew has publicly reassured users of the platform's resilience, asserting the company's intent to challenge the ban through legal avenues.
While there has been interest from potential buyers for TikTok, recent reports suggest that ByteDance might prefer to close down the app rather than sell it, particularly if their legal challenges fail. The company considers TikTok’s algorithms integral to its business, making a sale without them unlikely. The full report by Business Today on Andersen's role change can be read here.
The implications of a TikTok ban extend beyond the corporate level, impacting influencer brands and content creators who rely on the platform for their livelihood. In an interview with PYMNTS, Fiona Co Chan, CEO of Youthforia, and Nadya Okamoto, CEO of August, expressed the challenges and adaptability required should the ban come into effect. They highlighted the necessity of diversifying their presence across various social media platforms to mitigate the impact of the potential ban.
Andersen's tenure as General Counsel saw him at the forefront of negotiations with the Committee on Foreign Investment in the United States (CFIUS), addressing national security concerns related to TikTok. Despite extensive efforts and a substantial investment in a security plan to safeguard U.S. user data, a conclusive agreement was not reached, leading to legislative action.
In his statement, Andersen expressed gratitude towards his global legal team and the resilience they have shown in facing the legal challenges encountered by the company. As the situation unfolds, TikTok's legal strategies and the broader social media landscape will continue to be areas of significant interest and impact for legal professionals and corporations alike.