But where it feels that it has no real option, the release of privileged documents will then need to be considered in the context of communicating about the investigation. That’s a serious problem that I think is a public disadvantage. If the commercial court here declines because of a better, homegrown quality of judiciary abroad, that’s fine. Consider creation of public-facing content that can be accessed or distributed digitally via the company’s communications channels. Whatever the particular case, the company’s statement will need to draw a line under the matter by conveying a concerted sense of moving forward. Whatever the type of communication, the essential touchstone is consistency of the message. See all Brunswick Group articles, advice notes and webinars related to the 2020 U.S. election. The defendant may be triumphantly acquitted and his story is never told. 14 October 2016, England’s former Lord Chief Justice talks to Brunswick’s Charlie Potter and Caroline Daniel about justice in the age of digital communications, Companies navigating Europe’s regulatory landscape should aim for more than just a legal victory, say Brunswick’s Philippe Blanchard and Linus Turner, By Linus Turner If you would like to login via a personal account, please use the link below. But difficult issues can arise – especially in criminal investigations – when a company is either directly pressured to disclose material it considers is legally privileged or otherwise feels compelled to do so to demonstrate the extent of its co-operation with the investigation. Debbie Frost joins Brunswick Group as a Senior Advisor in San Francisco, Spotlight on: Regulatory and Public Affairs. But I am against them in criminal trials. Increasingly, whistleblowers go directly to a regulator or a media organisation to expose what they regard as improper conduct or other wrongdoing. This close coordination will help to avoid situations in which company representatives say or do things at an early stage that will look ill-judged in the light of subsequent events. Our rankings include practice areas such as: litigation, dispute resolution, competition law, banking law, energy law, employment law, white-collar crime, business law, international law, contract law and corporate law. Often such a step can be beneficial in more ways than one, since plans like these are typically required when resolving a government investigation. But, in the appropriate circumstances, the appointment of an independent investigator can be extremely effective in helping position a company as seizing the initiative and communicating a sense that it is taking proactive steps to identify underlying problems while co-operating with an official external investigation. You’d be rather naïve if you weren’t aware that a particular issue before you was significant, for example, to immigration – which is so highly politically sensitive. Equally, know the company’s enemies and who might weigh in against the company’s interests. It’s a very competitive market, and it will only continue to come to London while litigants from abroad believe that they’ll get the best form of justice here. The benefits of synthesising communications and legal defence are legion. Career Charlie co-leads Brunswick’s global litigation communications practice from the London office and has advised on a range of high-profile, legally contentious issues for global corporate clients in the context of litigation, investigations and wider crises. Jurors don’t like being spoken down to and that’s how they regard pompous advocacy. After disclosure of the investigation, a first question will be whether to react on the record. Fraud, bribery and corruption allegations will be problematic for any company, but all the more so if the company has publicly made a virtue of its ethical conduct. This period is a key window of opportunity for preparing the company’s communications messages alongside ascertaining the company’s legal position. We have to be in a position occasionally to explain what we do, how we reach our decisions and, in the case of the most senior judiciary, to be available for a press conference where we can be asked questions about what’s going on. What we’re anxious to get across is what we think, why we think it. This is again a key reason for co­ordination between lawyers and communicators: to ensure that the words used are approved for both internal and external use. In other situations, investigations will be launched in reaction to a media story, which means that the investigation, and more crucially the details of the allegations giving rise to it, will be public from the outset, and the affected company will necessarily find itself in a far more reactive mode. 14 October 2016, Paul, Weiss attorney Roberta Kaplan talks with Brunswick’s Ellen Moskowitz about managing the message and the media in the legal fight for gay marriage, The Association of Corporate Counsel examines global litigation’s prevailing trends and the issues that keep chief legal officers awake at night, Despite real legal reforms, China’s court system still appears a maze of contradictions, say Brunswick’s Tim Danaher and Le Shen, By Tim Danaher Having planned ahead and established the integrated team, the prudent company will need to prepare communications to manage external scrutiny and reputational impact on a number of occasions, but almost certainly at the following times: In an ideal world, companies would have reasonable notice of any intention to launch an investigation, and particularly the intention of a regulatory body to comment publicly on proceedings. It’s the Administrative Court where these issues most often arise, as that’s where government and public authority decision-making are challenged. Charlie joined Brunswick in June 2012 from his practice as a barrister at Blackstone Chambers, where he specialised in public / administrative and commercial law, in particular broadcasting and media regulation. But technology has wider implications for the way juries themselves will operate. It’s vital to upholding the quality of our justice and attracting the best talent into judicial ranks. But we really cannot have judges telling the press what they should report. Should a company decide to proceed in this way, it will be an important moment to plan communications. At some point in every investigation or subsequent litigation comes the question whether to continue fighting or to settle. So, being prepared to get ahead of issues early is a critical aspect of any company’s reputational defence. He studied history and law at Cambridge and was called to the Bar in 1963. Knowing what to say and which lawyers and communications professionals to call in those first hours may be the difference between dealing with one crisis (the original incident) and several (the incident plus making up for legal and communications missteps taken in the heat of the moment) for months or even years to come. These may be helpful in ensuring the market does not overreact and that the news (with its potential consequences) can be reflected in the share price early. Depending on the coverage, that may be sufficient. How far should that go? Charlie Potter is a barrister who is a senior corporate communications adviser and Partner at Brunswick Group, co-leading the firm's global litigation practice. Understanding Legislation, Tel: +44(0)1444 416119Fax: +44(0)1444 440426, Author pictures are not to be reproduced without permission. Modern generations have grown up where their experience at school has been largely learning through, and doing their work on, a screen. If a judge becomes the story, then he or she is just as subject to being the story as any other individual. Third-party advocates: Identify third parties who can potentially provide helpful comment about the process or about the company more generally: industry analysts, former executives in the industry and business partners.

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