Tag: Legal

The defamation trap attorneys walk into when they engage the media—without even realizing it

Bottom line: Attorneys should think twice about sending certain court documents directly to reporters. There is a defamation trap that attorneys fall into on a frequent basis without knowing it. I’m talking about attorneys sending copies of complaints that they’ve filed and signed to reporters. It’s a common practice. Attorneys often do this when they… Read More The defamation trap attorneys walk into when they engage the media—without even realizing it

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Typos are marketing. Bad marketing.

Bottom line: Every interaction between an organization and the people it comes in contact with is an opportunity for the organization to market itself. Leaders of those organizations should make those interactions count. It is safe to say that professional services firms—including law firms—have only recently seized on the idea that their interactions with clients… Read More Typos are marketing. Bad marketing.

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A defendant’s public statements about a lawsuit should actually address the allegations in that…

Bottom line: Public statements about lawsuits that do not address the allegations in those lawsuits lack credibility and are not persuasive. Image credit: Ashford University Last week, California Attorney General Xavier Becerra announced that California was suing for-profit college Ashford University and its parent company Bridgepoint Education for allegedly engaging in unlawful business practices. The… Read More A defendant’s public statements about a lawsuit should actually address the allegations in that…

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Early media coverage of new Coachella/Urban Outfitters lawsuit is a reminder of how far silence can…

Bottom Line: Respond to every media request for comment regarding a legal dispute. You never know how far the statement — or absence of one — will travel. Image credit: Coachella (via YouTube video) The music festival Coachella and the company behind it, Goldenvoice, recently filed a lawsuit in California federal court alleging that two Urban Outfitters brands — Urban Outfitters and… Read More Early media coverage of new Coachella/Urban Outfitters lawsuit is a reminder of how far silence can…

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Never too young to be a “Goliath”: Insomnia Cookies is cast as a bully by competitor it is suing

Bottom Line: In the Court of Public Opinion, never waste an opportunity to use your adversary’s brand or attributes against it. Image Credit: New York Daily News Insomnia Cookies, the well-known purveyor of late night calories-by-cookies, is facing competition by the upstart Red Eye Cookie Co. Insomnia was founded in 2003 by a then-student at the… Read More Never too young to be a “Goliath”: Insomnia Cookies is cast as a bully by competitor it is suing

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Murder case of an FSU law professor shows the need for attorneys to balance advocacy with ethics

Bottom line: Attorneys must ensure that their public statements comply with applicable ethical rules. Image Credit: National Law Journal We spend much of our time on this blog writing about how attorneys fail to make their clients’ cases in the Court of Public Opinion. We lament the fact that if parties to a case or their… Read More Murder case of an FSU law professor shows the need for attorneys to balance advocacy with ethics

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Another Title IX-related lawsuit against a college, another failure to comment publicly on the…

Bottom line: Silence in the face of pending litigation does more harm than good to a litigant. Image credit: Allegheny College In most news articles about Title IX lawsuits against colleges or universities, the schools decline to comment. Allegheny College, a 2100-student college in Northwestern Pennsylvania, continued that trend in response to news coverage of… Read More Another Title IX-related lawsuit against a college, another failure to comment publicly on the…

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Media reports about Tesla’s lawsuit against its ex-Autopilot director show the impact of playing…

Bottom line: Defendants who play offense when commenting on litigation can prevent plaintiffs from exclusively shaping lawsuit narratives. We would very much like to showcase more examples of defendants going on the offensive when they comment on pending litigation. We see few examples of this because attorneys are gun-shy when it comes to such statements.… Read More Media reports about Tesla’s lawsuit against its ex-Autopilot director show the impact of playing…

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Go ahead, pop that [strategic public statement responding to allegations of white-] collar…

Bottom line: When individuals are first publicly accused of committing white-collar crime, they cannot let prosecutors have the first *and* last word on the allegations. On October 20, out on Long Island in New York state, Nassau County’s County Executive, his wife, and Oyster Bay’s Town Supervisor were arrested and indicted on federal criminal charges… Read More Go ahead, pop that [strategic public statement responding to allegations of white-] collar…

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Where’s the beef? If it’s in their legal filings, it should be in your public statements

Bottom line: In the Court of Public Opinion, it is best to confront opponents’ juicy factual allegations head-on. Image credit: Quality Is Our Recipe, LLC (via Adweek) Earlier this month, Cynthia Loo, a former president of Wilshire Associates (an investment firm managing over $7 billion in assets as of March 2015), sued the company and her… Read More Where’s the beef? If it’s in their legal filings, it should be in your public statements

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