Public Relations Impact On Today’s Practice of The Law

1. Public Relations Impact On Today’s Practice of The Law

2. The End of the “No Comment” Era • We don’t comment on ongoing personnel/litigation matters. • Publicity has little to no effect on litigation/verdict. • Limited exposure unless it’s NYT, WSJ or other national publications and/or national interest. • Short news cycle will turn its attention elsewhere.

3. “Use The Media” Era • Announcement of Something Important- Press Release. • Press Conferences –To Make A Really Big Impression. • Speaking To Reporters You Know To Get Your Story OUT. • Litigation Requires Getting Info Out Quickly - To Widest ible Target Audience.

4. Evolution of The 24-Hour News Cycle • Web-Blogging of facts, details and messages. • Internet and Repetition of Stories- Whether True or False. • 500-Channel Cable Box. • Online Research And Immediate Access. • Computerized Document Management/Electronic Filing of Public Info.

5. PR’s Impact On Modern Day Law Practice (Some Examples) • IBM Antitrust Case (1970s)- 15 years, 500 news stories in NYT. • Polaroid v. Kodak Patent Litigation (early 1990s)- 104 NYT stories. • Microsoft Antitrust Case (1998-2001)- 1,000 stories in 3 years. • Top 200 Law Departments- 50% use PR in litigation Strategy; 22.9% use PR “often” or “always” for any public issue.

6. Planning—Do it Right • I. The Evolving Nature of A Crisis • The Evolution from Concern to Crisis • The Advent of the “all-encompassing” Economic resolution or event • Both real and imagined (or rumored) • Impacts corporate reputation • Undercuts public trust • Occurs in real-time, globally • Requires a culture of preparedness

7. Planning—Do it Right • II. The Changing Operating Environment • All business is public business • New media channels (cable, digital, social, personal) • New regulations for reporting and disclosure (SOX, SEC, ex parte rules) • Issues move globally in an instant • Media focus/general awareness of corporate crisis • Changing customer expectations • Public trust in business is low • Employee relations are played out on an international platform • Changes in distribution channels, intermediaries • Transparency and the demand for instant responsiveness • Expanded board oversight of risk and compliance • No credit for not knowing • No credit for doing only what is expected/required

8. Planning—Do it Right • III. Litigation/Crisis Preparedness • Focus on prevention and mitigation • Values- What do you stand for in relation to how you treat others • Strengthen customer/stakeholder trust and commitment • Attract/retain the best employees • Lessen risk, protect legal position, reduce costs • Protect corporate reputation/brand

9. Planning—Do it Right • IV. Core Litigation Communications Functions • Notification And Staffing of Corporate Communications Team • Insure Corporate Communications staff is alerted and prepared • Manage stakeholder communications, reputation issues, message and rumors • Consumer Communication and Public Information • Reliable, actionable information to consumers/Gov’t and Community officials • Relay information effectively regarding actions being taken by the company • Employee and Executive Communication • Reliable/actionable information to employees, executives • Provide accurate information regarding company actions • Operational Coordination • Maintain coordination between Corporate Communications and the Management to ensure rapid access to facts and approval of messaging • Recovery • Assess reputational impact/damage, take corrective actions • Review all areas of response, adjust planning, training and staffing