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Balancing Legal and Reputational Challenges During Litigation

December 14, 2022

One of the most challenging situations for clients is one that requires both legal representation and strategic communications advice. Attorneys want to win, no matter what it takes. And when they’re successful, you may not think it matters how they’ve won. But along the way to winning the case, the client’s reputation can receive such a negative impact that it can take years to recover … if it recovers at all. Balancing legal and reputational challenges is hard.

It’s easy to see how it happens. Your company/institution/organization has been accused of a criminal act, or has been sued for malpractice or discrimination, or a former employee claims unlawful dismissal, or a toxic work environment, or sexual harassment. Litigation is already in process or the threat exists.

In response, you’ve hired a preeminent attorney to defend your interests. She’s got her work cut out for her because part of opposing counsel’s strategy is to litigate the case through the media, making your company/institution/organization appear evil and your leadership team look like a bunch of malicious thugs.

 

Win the Case – And Keep Your Credibility

Your attorney’s primary focus is to protect your legal interests. To win the case, she’s ready to pull out all the stops to discredit the allegations. In court filings, she paints the accuser as the problem, dismissively detailing how bad they really are, insisting their true interest is simply to win a big settlement.

What your attorney may not consider is the reputational harm that can result when a reporter gets hold of the court filings. The story will quote the most outrageous, provocative, eye-popping defenses. Online petitions in favor of your accuser make the digital rounds. Then social media takes over, insisting you’ve actually done everything the accuser claimed, and the condemnation goes viral. In short order, your reputation takes a hit guaranteed to continue long after the legal dust settles.

After all, who wants to buy from, work for, or engage the services of an organization that’s “proven” to be insensitive, meanspirited, and tone deaf? You’ve won the legal case, but the reputation of your organization and its leadership are in tatters and its future is questionable.

 

Get Help Balancing Legal and Reputational Challenges

A good crisis communications consulting firm will work closely with your attorney to help strip unnecessarily provocative language from legal filings and help craft verbal and written statements to stakeholders and the media that will support the legal case and protect your organization’s reputation.

The operation was a success, starts the old chestnut, but the patient died. Even doctors laugh. The only one not laughing is the patient. You can win the lawsuit and lose your organization’s future. No joke.

Kessler PR Group is a leading public relations firm specializing in crisis communications, reputation management, litigation support and media relations. To learn more, please visit https://kesslerpr.com, call 908-322-1100 or email info@kesslerpr.com.

OUR TEAM

Experienced. Collaborative. Responsive. Committed. Knowledgeable. Creative.

Led by acclaimed crisis communication strategist Karen Kessler, our team brings skills, knowledge, and experience from a winning mix of professional backgrounds to best serve our clients’ needs. Kessler PR Group’s collaborative approach means you get the whole team. Everyone on our team is familiar with every client and the issue at hand.

Karen Kesseler - Kessler PR

Karen Kessler

kkessler@kesslerpr.com

Karen regularly counsels clients on sensitive issues including regulatory inquiries, personnel matters, business practices and criminal and civil litigation. She represents high profile celebrities and entities in the USA, Europe and the Middle East. She is known for her discretion, her integrity, and her decades-long relationships with media leaders.

Karen is a frequent keynote speaker on topics ranging from reputation, career, leadership and moving beyond cancel culture. A reliably provocative commenter on reputation issues for print and broadcast, Karen has served as an on-air reputation consultant to the “NBC TODAY SHOW” and others. Her work has been the basis of both feature and documentary films.

Karen has served on Boards of Directors of public companies and leading not-for-profits in finance, health care and education. She and her work have received dozens of awards from local, regional and national organizations.

Early in her career, Karen served as the Vice President of Corporate Communications for the American Stock Exchange. She was the Director of Transition for New Jersey Governor-Elect Jim Florio and the first female commissioner of the New Jersey Sports and Exposition Authority. She earned an AB in economics from Vassar College.

Karen Kessler

Karen Kessler

kkessler@kesslerpr.com

Karen regularly counsels clients on sensitive issues including regulatory inquiries, personnel matters, business practices and criminal and civil litigation. She represents high profile celebrities and entities in the USA, Europe and the Middle East. She is known for her discretion, her integrity, and her decades-long relationships with media leaders.

Karen is a frequent keynote speaker on topics ranging from reputation, career, leadership and moving beyond cancel culture. A reliably provocative commenter on reputation issues for print and broadcast, Karen has served as an on-air reputation consultant to the “NBC TODAY SHOW” and others. Her work has been the basis of both feature and documentary films.

Karen has served on Boards of Directors of public companies and leading not-for-profits in finance, health care and education. She and her work have received dozens of awards from local, regional and national organizations.

Early in her career, Karen served as the Vice President of Corporate Communications for the American Stock Exchange. She was the Director of Transition for New Jersey Governor-Elect Jim Florio and the first female commissioner of the New Jersey Sports and Exposition Authority. She earned an AB in economics from Vassar College.

Warren Cooper - Kessler PR

Warren Cooper

wcooper@kesslerpr.com

Warren provides strategic communication counsel and litigation support to clients facing personal or institutional crises.

He has provided media training to clients facing the glare of public scrutiny; written political speeches, university commencement addresses, and policy presentations for a variety of speakers and audiences; drafted media statements for corporate and outside counsel to align with and bolster litigation strategy and crafted traditional and social media messaging to support political and policy campaigns.

In advising clients, Warren draws on his years as an investigative reporter, as well as his own experience handling media as a New Jersey mayor and school board president. Warren earned a doctoral degree in psychology at Rutgers University and a BA in English at Binghamton University. He has taught psychology at Rutgers and journalism and communications at Raritan Valley Community College.

Warren Cooper

Warren Cooper

wcooper@kesslerpr.com

Warren provides strategic communication counsel and litigation support to clients facing personal or institutional crises.

He has provided media training to clients facing the glare of public scrutiny; written political speeches, university commencement addresses, and policy presentations for a variety of speakers and audiences; drafted media statements for corporate and outside counsel to align with and bolster litigation strategy and crafted traditional and social media messaging to support political and policy campaigns.

In advising clients, Warren draws on his years as an investigative reporter, as well as his own experience handling media as a New Jersey mayor and school board president. Warren earned a doctoral degree in psychology at Rutgers University and a BA in English at Binghamton University. He has taught psychology at Rutgers and journalism and communications at Raritan Valley Community College.

Warren Cooper - Kessler PR

Donna Elliott

delliott@kesslerpr.com

As the initial point of contact for Kessler PR clients, Donna Elliott draws on her background as a broadcast news writer, editor, and producer for a New Jersey-based media company to conduct client research with confidentiality and sensitivity. Her earlier work supporting C-suite executives enables her to develop strong relationships with attorneys, their clients and other engaged stakeholders, coordinating calendars and managing onsite, remote and hybrid meetings.

Donna seeks to boost client trust and confidence, approaching business operations to help clients achieve their reputational goals. Donna’s focus on enhancing the client experience throughout her career has enabled her to use data collection, assessment and analysis to recommend and execute process improvements at a New Jersey energy company and cultivate partnerships for an international, enterprise-level staffing solutions company.

Donna Elliott

Donna Elliott

delliott@kesslerpr.com

As the initial point of contact for Kessler PR clients, Donna Elliott draws on her background as a broadcast news writer, editor, and producer for a New Jersey-based media company to conduct client research with confidentiality and sensitivity. Her earlier work supporting C-suite executives enables her to develop strong relationships with attorneys, their clients and other engaged stakeholders, coordinating calendars and managing onsite, remote and hybrid meetings.

Donna seeks to boost client trust and confidence, approaching business operations to help clients achieve their reputational goals. Donna’s focus on enhancing the client experience throughout her career has enabled her to use data collection, assessment and analysis to recommend and execute process improvements at a New Jersey energy company and cultivate partnerships for an international, enterprise-level staffing solutions company.

Erin Friedlander Kessler PR

Erin Friedlander

efriedlander@kesslerpr.com

Erin develops and executes customized communication strategies for clients. She has represented many high-profile individuals and organizations during her career and has extensive experience in working with leaders of education, healthcare, not-for-profit, and religious organizations.

In addition to helping clients generate greater public awareness and visibility for their brand, Erin often works with clients who seek to avoid or respond to reputational fallout when faced with media or public scrutiny. She regularly provides public relations and litigation support for clients engaged in complex matters including, but not limited to personnel issues, leadership transitions, mergers, acquisitions, and bankruptcies.

Prior to joining Kessler PR Group, Erin served as communications director and media spokesperson for a prominent religious nonprofit organization in Central New Jersey.

Early in her career, Erin worked for a public and government relations firm in Trenton, where she led multiple strategic public relations, marketing and grassroots campaigns, special events, and communications initiatives for corporate, small business, New Jersey Department of State and not-for-profit clients. Erin earned her BA in Communications at Rider University.

Erin Friedlander

Erin Friedlander

efriedlander@kesslerpr.com

Erin develops and executes customized communication strategies for clients. She has represented many high-profile individuals and organizations during her career and has extensive experience in working with leaders of education, healthcare, not-for-profit, and religious organizations.

In addition to helping clients generate greater public awareness and visibility for their brand, Erin often works with clients who seek to avoid or respond to reputational fallout when faced with media or public scrutiny. She regularly provides public relations and litigation support for clients engaged in complex matters including, but not limited to personnel issues, leadership transitions, mergers, acquisitions, and bankruptcies.

Prior to joining Kessler PR Group, Erin served as communications director and media spokesperson for a prominent religious nonprofit organization in Central New Jersey.

Early in her career, Erin worked for a public and government relations firm in Trenton, where she led multiple strategic public relations, marketing and grassroots campaigns, special events, and communications initiatives for corporate, small business, New Jersey Department of State and not-for-profit clients. Erin earned her BA in Communications at Rider University.

Kevin Israel Kessler PR

Kevin Israel

kisrael@kesslerpr.com

Kevin provides communications guidance and messaging support to a wide variety of clients, including those in the healthcare field, construction professionals, and the entertainment industry. He has overseen event planning and helped produce major televised events.

Prior to joining Kessler PR Group Kevin served as public relations manager for a major New Jersey health system, directed the New Jersey Department of Transportation’s Office of Community and Constituent Services, and served as chief of staff for state elected officials in New Jersey’s 13th Legislative District.

Kevin’s legal and legislative background combined with his transportation and health care experience make him uniquely qualified to service a wide variety of clients. He has worked on high profile issues throughout the NY/NJ region and provided messaging strategies to governors, legislative leaders, and corporate executives.

Kevin earned his BA from the University of Delaware and his JD from Hofstra University School of Law.

Kevin Israel

Kevin Israel

kisrael@kesslerpr.com

Kevin provides communications guidance and messaging support to a wide variety of clients, including those in the healthcare field, construction professionals, and the entertainment industry. He has overseen event planning and helped produce major televised events.

Prior to joining Kessler PR Group Kevin served as public relations manager for a major New Jersey health system, directed the New Jersey Department of Transportation’s Office of Community and Constituent Services, and served as chief of staff for state elected officials in New Jersey’s 13th Legislative District.

Kevin’s legal and legislative background combined with his transportation and health care experience make him uniquely qualified to service a wide variety of clients. He has worked on high profile issues throughout the NY/NJ region and provided messaging strategies to governors, legislative leaders, and corporate executives.

Kevin earned his BA from the University of Delaware and his JD from Hofstra University School of Law.

Andria Lykogiannis- Kessler PR

Andria Lykogiannis

alykogiannis@kesslerpr.com

Andria Lykogiannis serves as principal client liaison, supporting client research and managing the scheduling, coordination and implementation of multiple projects. Her background in broadcast media production and business management enhances the critical support for client services aimed at achieving reputational goals.

Andria’s background and experience as a network television technician and editor for ABC and CBS included work on the Republican and Democratic national conventions, the Superbowl, Olympic Games, the CBS Evening News, the Detroit Grand Prix, NFL Football and NCAA Basketball to name a few. In addition, Lykogiannis owned and operated a successful franchise restaurant and catering business.

Andria Lykogiannis

Andria Lykogiannis

alykogiannis@kesslerpr.com

Andria Lykogiannis serves as principal client liaison, supporting client research and managing the scheduling, coordination and implementation of multiple projects. Her background in broadcast media production and business management enhances the critical support for client services aimed at achieving reputational goals.

Andria’s background and experience as a network television technician and editor for ABC and CBS included work on the Republican and Democratic national conventions, the Superbowl, Olympic Games, the CBS Evening News, the Detroit Grand Prix, NFL Football and NCAA Basketball to name a few. In addition, Lykogiannis owned and operated a successful franchise restaurant and catering business.

Brian McDonough Kessler PR

Brian McDonough, Esq.

bmcdonough@kesslerpr.com

Brian utilizes his legal experience to provide strategic crisis communications counsel and litigation support to clients confronted with complex and high-profile matters. He has developed successful communications strategies for corporations; not-for-profits; C-suite executive; professional sports teams, and educational institutions, and has drafted crisis communications plans for large hospital networks and universities.

Brian practiced law before joining Kessler PR Group. He has defended insurers and corporations in employment and mass tort cases, as well law firms and hospitals in legal and medical malpractice actions. Brian’s legal background, robust research skills, and strong writing underpin Kessler’s work on behalf of clients who seek to establish themselves as industry thought leaders or transform and enhance their public image.

Brian earned his JD at Seton Hall University School of Law and his BA in Law & Policy at Dickinson College.

Brian McDonough, Esq

Brian McDonough, Esq.

bmcdonough@kesslerpr.com

Brian utilizes his legal experience to provide strategic crisis communications counsel and litigation support to clients confronted with complex and high-profile matters. He has developed successful communications strategies for corporations; not-for-profits; C-suite executive; professional sports teams, and educational institutions, and has drafted crisis communications plans for large hospital networks and universities.

Brian practiced law before joining Kessler PR Group. He has defended insurers and corporations in employment and mass tort cases, as well law firms and hospitals in legal and medical malpractice actions. Brian’s legal background, robust research skills, and strong writing underpin Kessler’s work on behalf of clients who seek to establish themselves as industry thought leaders or transform and enhance their public image.

Brian earned his JD at Seton Hall University School of Law and his BA in Law & Policy at Dickinson College.

Allison Perrine

Allison Perrine

aperrine@kesslerpr.com

Allison leverages her background in journalism to help guide clients through diverse media-related challenges. She crafts impactful statements and speeches for organizational leaders in crisis and provides media training to help clients mitigate reputational risks.

In addition to these services, Allison designs graphics and websites for clients as needed while offering strategic social media advice to enhance brand awareness. She has also spearheaded public relations campaigns for numerous New Jersey-based nonprofits and businesses.

Before joining Kessler PR Group, Allison was a senior reporter for a Monmouth County newspaper. In this role, she built strong relationships with community and political leaders and produced compelling, balanced articles, always respecting confidentiality.

Allison holds a BA in Communications from Monmouth University.

Allison Perrine

Allison Perrine

aperrine@kesslerpr.com

Allison leverages her background in journalism to help guide clients through diverse media-related challenges. She crafts impactful statements and speeches for organizational leaders in crisis and provides media training to help clients mitigate reputational risks.

In addition to these services, Allison designs graphics and websites for clients as needed while offering strategic social media advice to enhance brand awareness. She has also spearheaded public relations campaigns for numerous New Jersey-based nonprofits and businesses.

Before joining Kessler PR Group, Allison was a senior reporter for a Monmouth County newspaper. In this role, she built strong relationships with community and political leaders and produced compelling, balanced articles, always respecting confidentiality.

Allison holds a BA in Communications from Monmouth University.