© 2008 Margulies Communications Group Media Savvy Litigation in the Internet Age The Margulies...

© 2008 Margulies Communications Group

Media Savvy Litigation in Media Savvy Litigation in the Internet Agethe Internet Age

The Margulies Communications GroupThe Margulies Communications Group

David Margulies David Margulies

6210 Campbell Road – Dallas, Texas 752486210 Campbell Road – Dallas, Texas 75248

(214) 368-0909 www.prexperts.net(214) 368-0909 www.prexperts.net


Gentile v. State Bar of NevadaGentile v. State Bar of Nevada “ “An attorney’s duties do An attorney’s duties do

not begin inside the not begin inside the courtroom door. He or courtroom door. He or she cannot ignore the she cannot ignore the practical implications of a practical implications of a legal proceeding for the legal proceeding for the client.”client.”

-Mr. Justice Kennedy-Mr. Justice Kennedy


U.S. District Judge Lewis KaplanU.S. District Judge Lewis KaplanSouthern District of New YorkSouthern District of New York

“…“…dealing with the media dealing with the media in a high-profile case in a high-profile case probably is not a matter probably is not a matter for amateurs. Target and for amateurs. Target and her lawyers cannot be her lawyers cannot be faulted for concluding faulted for concluding that professional public that professional public relations advice was relations advice was needed.”needed.”


Warren BuffettWarren Buffett

““It takes 20 years It takes 20 years to build a to build a reputation and reputation and five minutes to five minutes to ruin it.”ruin it.”


IRS CommissionerIRS Commissioner

““If they chose to fight this in If they chose to fight this in court, their names will come out, court, their names will come out, and in instances where people and in instances where people have outstanding reputations in have outstanding reputations in the community, I’m not sure it will the community, I’m not sure it will play that well when it turns out play that well when it turns out that somebody sold a business for that somebody sold a business for a gain of $80 million and then a gain of $80 million and then chose not to pay any money,” he chose not to pay any money,” he warned.warned.

-Forbes.com-Forbes.com


Business WeekBusiness Week

It doesn’t take a Harvard-educated lawyer to recognize It doesn’t take a Harvard-educated lawyer to recognize that winning a battle in the court of public opinion is that winning a battle in the court of public opinion is easier than winning in a court of law.easier than winning in a court of law.

Business Week 4/25/05Business Week 4/25/05


What Price Reputation?What Price Reputation?

““Many savvy companies Many savvy companies are starting to realize that are starting to realize that a good name can be their a good name can be their most important asset- most important asset- and actually boost the and actually boost the stock price.”stock price.”

Source: Source: Business WeekBusiness Week July 9 & 16 2007July 9 & 16 2007


The Value of PerceptionThe Value of Perception

Coca-Coca-ColaCola

PepsiPepsi +3.3%+3.3% $4 billion$4 billion

Wal-MartWal-Mart TargetTarget +4.9%+4.9% $9.7 $9.7 billionbillion

ColgateColgate P&GP&G +6.2%+6.2% $2 billion$2 billion

CVSCVS WalgreenWalgreenss

+6.9%+6.9% $3.9 $3.9 billionbillion


Damage Prior to LitigationDamage Prior to Litigation


By Tenisha MercerThe Detroit News

La-Van Hawkins has gone to the radio airwaves in his battle with Burger King Corp.

Hawkins, who last month filed a $1.9-billion lawsuit against Burger King, has appeared on several radio stations in recent weeks, urging listeners to write letters of complaint to the Miami fast-food chain.

Damage During Litigation


Gilbrook v. City of WestminsterGilbrook v. City of Westminster99thth U.S. Circuit Court of Appeals U.S. Circuit Court of Appeals

“…“…public relations public relations work contributed work contributed directly and directly and substantially to substantially to plaintiff’s litigation plaintiff’s litigation goals.”goals.”


Ethical ConsiderationsEthical Considerations

A substantial likelihood of materially prejudicing an A substantial likelihood of materially prejudicing an adjudicatory proceeding.adjudicatory proceeding.

Information the lawyer knows or reasonably should know Information the lawyer knows or reasonably should know is likely to be inadmissible as evidence and would if is likely to be inadmissible as evidence and would if disclosed create a substantial risk of prejudicing an disclosed create a substantial risk of prejudicing an impartial trial. impartial trial.


Common MisconceptionsCommon Misconceptions

Issue only involves high profile criminal cases.Issue only involves high profile criminal cases.

Ethics rules require saying “No comment.” Ethics rules require saying “No comment.”

Dealing with the media gives away your trial strategy.Dealing with the media gives away your trial strategy.

There is no benefit to the client to comment on legal There is no benefit to the client to comment on legal issues.issues.

Saying “No Comment” is the best way to protect your Saying “No Comment” is the best way to protect your client’s interests.client’s interests.


Mom Sues for Failure to Garnish Mom Sues for Failure to Garnish Income for Child SupportIncome for Child Support

Company A’s lawyers had no comment.Company A’s lawyers had no comment.

Company B lawyers say the suit is without Company B lawyers say the suit is without merit. City records show it settled the debt merit. City records show it settled the debt in 2003 with a check for $18,382. A in 2003 with a check for $18,382. A spokesperson said executives “carefully spokesperson said executives “carefully reviewed Ms. Smith’s claim.. And have reviewed Ms. Smith’s claim.. And have found it to be without merit.” found it to be without merit.”


Common Misconceptions About Common Misconceptions About Litigation CoverageLitigation Coverage The media is interested in the legal issues.The media is interested in the legal issues.

You can’t respond if you don’t know everything.You can’t respond if you don’t know everything.

You will get a fair shake if you don’t respond.You will get a fair shake if you don’t respond.

Responding will destroy the attorney-client privilege.Responding will destroy the attorney-client privilege.

Responding will get you in trouble with the judge.Responding will get you in trouble with the judge.


The Right WayThe Right Way

Respond immediately to inquiries.Respond immediately to inquiries.

Establish a rapport with reporter.Establish a rapport with reporter.

Understand motivation for story.Understand motivation for story.

Establish client’s role in story.Establish client’s role in story.

Provide response before a major investment is made in Provide response before a major investment is made in story.story.

Provide backup information.Provide backup information.


Preparation = No StoryPreparation = No Story


During TrialDuring Trial

Help reporters follow evidence and case storyline.Help reporters follow evidence and case storyline.

Educate reporters concerning trial developments and Educate reporters concerning trial developments and procedures.procedures.

Provide background information for reporters who visit Provide background information for reporters who visit periodically, but do not stay for the whole trial.periodically, but do not stay for the whole trial.

Monitor coverage and correct misinformation.Monitor coverage and correct misinformation.


QUESTIONS?QUESTIONS?


THANK YOU! THANK YOU!

© 2008 Margulies Communications Group Media Savvy Litigation in the Internet Age The Margulies...

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