encased
Ensuring disputes don’t end in disrepute
When a few words can be the harshest JudgEment
For leading companies and high-profile individuals alike, being involved in a legal dispute might mean that it’s not just the judge who casts judgement. With evidence openly commutable to the public domain and the corridors of court alive with whispers, a simple dispute over a minor matter can mean a reputational storm in the making. With all eyes of your legal representation quite rightly facing the bench, Schillings specialist Encased service provides the all important secondary line of defence focussing on the media in the cheap seats.
the principles
01. Reputation planning Unlike the trial process itself when it’s only the final result that matters, the daily reporting of the case can have an instant effect on reputation. For this reason our work begins long before an action is submitted. We’ll set out the likely reputation impact of the case going to court, and in the event that it does, advise on the best strategy to manage that impact on a global level.
The more that goes on behind the scenes the less that goes on in front of the cameras
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As the blows get traded we’ll stop your reputation getting caught in the crossfire 02. Evidence Management On the run up to a court hearing both of the legal teams involved in the case are privy to the witness statements and other documentary evidence that will be presented in court. While your legal team will be quite rightly focused on putting your best case forward our eyes will be firmly fixed on any commercially or personally sensitive material starting to surface and what we can do to minimise the reputational impact. From asking for rewrites on evidence that has a reputational consequence, to sealing court files and requesting aspects of the hearing be conducted in private, there’s a lot we can do to defend reputation in the heat of battle.
Encased
03. Media protection Just as media interest will start long before the trial begins, comment and coverage will continue long after it ends. Our Encased service is with you the whole way, proactively investigating all instances of reporting on the case. Monitoring the situation 24/7, we do everything we can to first ensure information is reported fairly and, where it’s not, the necessary action is taken to have the content removed and to block its proliferation online.
Pouring cold water
over a hot story
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Our Offer The media interest in a case neither starts nor finishes with the day in court, even a successful judgment can result in serious reputation damage. That is why our services are delivered into three phases – before, during and after the trial has taken place.
PHASE 01: Pre-trial Assessment of vulnerabilities: Understanding the media landscape: • What are your concerns? • What is already out there? • Where could this information have come from (e.g. employees, competitors, NGOs, press)? Court documents: • What sensitive material is available? • Is the material publicly available? • Will it become public? Understanding the other side: • Who gains from you taking a hit? • What are others saying about you?
Mitigating reputation damage: The media • Q&As for those media enquiries • Active Engagement: – Briefings – Corrections – Take downs – Legal notices • Media monitoring including social media Court documents • Considering and reformulating evidence to keep material confidential and minimise your exposure • Legal procedures and applications to limit access to sensitive information and keep matters private Other • Assessing the media fall out of the litigation process every step of the way • Weighing up the cost of settlement versus the cost to your reputation
Encased
PHASE 02: PHASE 03: Trial Post-trial The court process: • Monitoring proceedings to pro-actively assess where the media interest may come from • Legally analysing whether the other side are straying into private and confidential areas they shouldn’t be • Liaising with your other advisors to pre-emptively deal with journalists to ensure any errors do not make it to print Active engagement with the media throughout
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Media interest • Formulation of bespoke Q&As to deal with any judgment that may be delivered • Continuing to use the legal tools we have at our disposal to keep the media in check Other • Assessing the reputation risks of an appeal • Advise on follow up claims • Continuing to build on long term reputation protection strategy with you
CASE CLOSED...
The Resilience Suite Schillings 41 Bedford Square London WC1B 3HX T +44 (0)20 7034 9000 www.schillings.co.uk
■ Data Breach SWAT Team ■ Immediate Response ■ Digital Privacy ■ Reputation Radar ■ Counter Strike ■ Encased