USA Law and Practice Contributed by: Jeff McAndrews, Megan Bouchier and Peter Gardner, FGS Global
5.5 Involvement of Lawyers Lawyers as Communicators: Why This Consideration Matters Legal representatives should be part of the central crisis management team and work with senior leaders and communications advisors to help steer the company through every stage of the crisis. Lawyers are skilled communica- tors, and by partnering with communications teams, lawyers can help inform more balanced and educated reporting while also ensuring any public statements are compliant and do not generate additional legal risk. This should be one of the key criteria a legal team or outside counsel is evaluated on, in addition to their abil- ity to respond rapidly to ever-changing crisis situations and their experience working in close partnership with the many other members of the crisis team on high-pressure situations. 5.6 Documentation and Evidence Preservation There is no applicable information in this juris- diction. 5.7 Settlements There is no applicable information in this juris- diction. 5.8 Insurance Some insurance companies do offer policies for various types of crises. One of the most com- mon is cybersecurity insurance. 5.9 Reputation Management Essential Steps for Reputation Recovery Measuring the impact of a crisis on reputation is an important first step to rebuilding and protect- ing that image moving forward. A few ways to understand a crisis’s impact include undertak- ing field surveys or focus groups with key audi- ences, monitoring and analysing social media
conversations or holding post-crisis interviews with stakeholders and media. The learnings from these exercises can then inform the develop- ment and execution of a targeted recovery plan. 5.10 Mandatory Report See 2.5 Transparency Requirements and 2.6 Sectoral Requirements . 6. Communication 6.1 Co-Ordination of Communications Co-Ordination is Non-Negotiable Communication strategies are not one-size- fits-all; they must be tailored to the company, its usual methods of stakeholder engagement and the specific situation at hand, particularly its severity. However, co-ordination is non-nego- tiable, as it is essential for ensuring consistency. Legal and communications teams should own this co-ordination, working together to ensure that all messaging is appropriate for sharing and consistent across channels. Take a Holistic Approach, Even Across Multiple Channels In some cases, a single co-ordinated channel, such as a dedicated webpage for information about a product recall, may be the most effective means of disseminating a company’s messages. In other situations, such as a settlement with a government enforcement agency, more targeted communications efforts may be required. Each scenario will vary, but if a company has a clear understanding of who its stakeholders are, how it typically communicates with them and what their individual needs are in real-time, this will better enable it to execute a co-ordinated game plan effectively. Companies that fare poor- ly in crises are often those that adopt a siloed
160 CHAMBERS.COM
Powered by FlippingBook