Due to the global reach and instantaneous delivery of communications (via texts, tweets, Facebook postings, the Internet, news channels, etc.), businesses need to be prepared for the negative — and potentially devastating — consequences that legal, financial, environmental or workplace problems can create. And this preparation should be done well before a corporate response is sought or delivered.
Spiraling Out-of-Control
Companies have reputations just like individuals, and the stakes are high. Corporate reputations that are tried in the court of public opinion can be monumentally damaged if a crisis is not handled effectively and intelligently. Today, members of executive and senior management from both large and small organizations are held accountable when disturbing news hits. A misstep at this critical juncture could damage a company’s brand and derail future profitability.
Anticipate and Prevent
Our attorneys not only respond to a crisis, we lay the groundwork in anticipation of a crisis. We have significant depth of experience across multiple industries, so we can bring immediate value and relief to crisis situations involving:
- anticorruption violations.
- antitrust violations.
- class actions.
- criminal investigations.
- e-Discovery.
- environmental exposure.
- health care fraud and abuse.
- intellectual property theft.
- internal corporate investigations.
- personal injury.
- product recalls.
- securing insurance to finance the defense.
- securities matters.
- tax matters.
- technology network security breaches.
- theft of trade secrets.
- workplace accidents, incidents, harassment or violence.
We have the ability to seek, or defend against, emergency injunctive relief in state and federal court, a critical component to crisis management. We have helped clients with bet-the-company emergencies by enjoining:
- the exercise of arbitrary government police power to permanently shut down a successful closely-held business on a holiday weekend.
- the abrupt termination of electrical power to the environmental control systems of an aluminum smelter that prevented large scale contamination of soil, surface waters and groundwater.
- the unlawful and unannounced transfer of millions of dollars of impressionist art from a prestigious museum.
- the destruction of a coal mine while the demolition crews were onsite and actively engaged in the demolition.
These cases are a representative sample of the work our team has done in the context of obtaining injunctive relief as part of crisis management. The crises arose from regulatory authorities, third party administrators of government agencies and private sector actions. Media relations coordination was an integral part of our response.
Crisis Communication Groundwork
Our process begins with:
- defining the team.
- delegating responsibilities.
- listing critical stakeholders.
- defining pre-approved messages.
- notifying parties that procedures and contacts are in place (for stakeholders, politicians, media and public communications)
In addition, our attorneys identify and navigate potential legal scenarios should a crisis occur. We regularly draft and manage written and verbal communications spanning multiple situations, and all efforts are coordinated in a manner that seeks to limit legal exposure.
Swift Crisis Response
Taft attorneys help clients respond when government investigators show up unannounced, when workplace injury or violence occurs, when financial problems threaten to undermine a company and when other unforeseen negative news arises. We have extensive and beneficial relationships with media strategists, governmental agencies and officials and specialized industry consultants. Our goal is to disrupt and distinguish the triggers that can negatively impact the day-to-day operations and financial strength and durability of our clients.
