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Crisis Management

Crisis Management. Lessons from the Storm. Gary Garfield Vice President, General Counsel. 1. Get Ready. Most companies will have some type of crisis. Get prepared now: Identify a spokesperson. Get an experienced media consultant, and get PR training.

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Crisis Management

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  1. Crisis Management Lessons from the Storm Gary Garfield Vice President, General Counsel

  2. 1. Get Ready • Most companies will have some type of crisis. • Get prepared now: • Identify a spokesperson. • Get an experienced media consultant, and get PR training. • Organize a crisis management team, including the CEO, GC, PR, Sales/Marketing, and QA. • Establish and maintain strong government relations. • Have reliable outside counsel who know the company well.

  3. 2. Recognize the Growing Storm • Media stories • Blogs • Agency inquiries • Whistleblowers • Customer complaints

  4. 3. Don’t Make it Worse • React with caution—a poor reaction can be worse than the underlying act. • Freeze memos and controls to preserve documents, email, backup tapes, etc. • Educate management on obstruction of justice, perjury, misleading investigators, etc.

  5. 4. Get the Facts—Yesterday • Speak with one voice, endorsed by all. • The outside counsel investigation: • Document collection and review • Interviews • The white paper • Consider the impact of retaining an “independent” outside counsel for an investigation: • Control • Lack of familiarity with the company may cause delays and/or mistakes • Liability road map • Possible loss of privilege • Enormous expense and disruption

  6. 5. Organize Yourself • Have a clear leader. • Conduct mandatory Internal Crisis Management Team meetings • Designate counsel responsibility: • Inside counsel: who will be the lead for product liability cases, class actions, congressional investigations, criminal investigations, etc. • Outside counsel: who will be the lead for discovery, settlements, trial, etc. • Recognize the importance of well-connected local counsel.

  7. 6. Do the Right Thing • Don’t try to hide anything (assume it will all come out). • Take your medicine. • Avoid finger pointing, if possible. • Recognize that each situation is different–there’s no one remedy.

  8. 7. Can’t Feed It Enough • Recognize the media’s agenda: it’s all about the story. • Beware of a “standard” recommended media approach–i.e., apologize/take responsibility. • One size does not fit all. • You will live with it for a very long time. • You may create a “blood in the water” effect. • Attempt to preserve the privilege. • Keep it simple, but realize “no comment” will not suffice.

  9. 8. Understand the Politics • Recognize the importance of positive government relations. • Understand their agendas. • Prepare yourself to deal with: • Congress • Congress and the attorney client privilege • Attorneys General • Regulators

  10. 9. Don’t Overplay Your Hand • Arrogance will kill you.

  11. 10. Know the Importance of Leadership • Leadership directly affects employee and customer morale.

  12. Ten Steps to Surviving the Storm • Get ready • Recognize the growing storm • Don’t make it worse • Get the facts–yesterday • Organize yourself • Do the right thing • Can’t feed it enough • Understand the politics • Don’t overplay your hand • Know the importance of good leadership

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