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Communication and Litigation: Seeking Common Ground Between Journalists and Attorneys

(Executive Roundtable, September, 2007)

MODERATOR

Andrew L. Goldstein
Partner
Freeborn & Peters LLP

Mr. Goldstein is the head of Freeborn & Peters’ Intellectual Property Group and has been General Counsel for the PCC for nearly 20 years.

PANELISTS

Tilden Katz
Managing Director
APCO Worldwide

Mr. Katz develops and manages litigation and strategic communication and has spent more than 10 years advising companies on how to shape public perception and respond during crisis situations. He is a former attorney at Seyfarth, Shaw and specializes in litigation-related communication. He has written articles for New York Times, Wall Street Journal, Crain’s Chicago Business, USA Today, National Law Journal, Chicago Tribune and Chicago Sun-Times.

Pat Milhizer
Reporter
Chicago Daily Law Bulletin

Mr. Milhizer is a general assignment reporter and has reported on such matters as the pay disparity between Cook County prosecutors and public defenders; the effects medical malpractice reform has had on lawyers and insurance companies; and the struggle to reduce the number of death penalty eligibility factors in Illinois. He also writes a weekly column that profiles a lawyer in town.

Larry Yellen
Investigative Reporter & Legal Analyst
FOX Chicago

After graduating from Northwestern University Law School, Mr. Yellen's first job was a newspaper reporter for the Muskegon (Mi.) Chronicle. He used the experience to move on to a three-year stint with the Better Government Association in Washington, D.C. He then worked for 11 years with WLS-TV before joining FOX News Chicago in 1993. For the last decade, he has been the station's Investigative Reporter and Legal Analyst, investigating dangerous consumer products and local corruption, while covering major trials in Chicago and legal stories nationwide.

Andrea Zopp
Sr. Vice President/Human Resources
Exelon Corporation

Prior to joining Exelon, Ms. Zopp was SVP/General Counsel for Sears Holdings Corporation handling legal and government affairs, PR and compliance. Prior to Sears, she was VP, Deputy General Counsel at Sara Lee Corporation. Ms. Zopp was also a federal prosecutor and served as First Assistant Cook County State's Attorney.

PROGRAM SUMMARY

Andrew Goldstein (from left) Larry Yellen, Tilden Katz, Andrea Zopp, Pat Milhizer. Photo by Jonathan Lehrer.

By Sarah Cross, Marketing Coordinator, Jenner & Block LLP

September’s PCC Executive Roundtable featured a highly energetic roundtable discussion, a panel of attorneys, executives, consultants and journalists addressed ways to successfully handle the media during a corporate crisis when dealing with complicated legal issues.

The session was moderated by Andrew L. Goldstein, Partner, Freeborn & Peters. Panelists were: Larry Yellen, Investigative Reporter & Legal Analyst for FOX Chicago;

Tilden Katz, Managing Director of APCO Worldwide; Andrea Zopp, Sr. Vice President/ Human Resources for Exelon Corporation; and Pat Milhizer, Reporter for Chicago Daily Law Bulletin.

Larry Yellen, Investigative Reporter & Legal Analyst, FOX Chicago

Larry Yellen serves as an investigative reporter and legal analyst at FOX Chicago. A seasoned journalist who investigates alleged dangerous consumer products and local corruption while covering legal stories nationwide, Yellen offered the audience helpful tips for handling phone calls from reporters.

Yellen noted that reporters appreciate talking with someone who knows things “inside and out,” and stressed the importance for communicators to learn as much about a project or product before speaking with the reporter. Talking “off-the record” with the reporter can also help develop the relationship with the reporter as well as to help provide context for the story, he added.

Yellen also said that it is important not to overload the reporter with information that he or she does not need to know. He advised communicators to debrief the reporter at length early on in order to find out what he or she already knows.

Yellen also emphasized the importance of discussing background information, such as what the company is doing to correct a crisis, as this could create a positive angle for a potentially negative story. “I believe firmly in providing balance to a story,” he said.

Tilden Katz, Managing Director, APCO Worldwide

As Managing Director of APCO Worldwide, Tilden Katz has spent more than 10 years advising companies on how to best respond to the media during crisis situations. In addition to his media experience, Katz is a former attorney at Seyfarth Shaw. During the presentation, Katz discussed ways for companies to present the best possible story when dealing with a media crisis, especially when a company is faced with litigation.

Katz stressed that it is important to explain the company’s legal position, tell the legal story and explain the case broadly to the media during a crisis. This allows the company to help protect business prospects and go on to be successful after a crisis.

Being knowledgeable about the reporter’s background and understanding what they might be looking for in a story will help establish trust with the reporter and ultimately help the communicator to have a real impact on the direction of the story. Katz said that his approach is to be the “trusted source” for reporters. “Reporters are looking for different things,” he said, and added that it is important to “present your story in a way that will resonate with the reporter.”

Katz discussed the importance of gathering and knowing the facts about the issue at hand. This, he said is essential for becoming a “trusted source” for reporters. He advised attorneys to explain the law to reporters and to go beyond “no comment.” Katz also emphasized the importance of setting expectations for the client regarding the potential positive or negative angles of the story.

Andrea Zopp, Senior Vice President/Human Resources, Exelon Corporation

Andrea Zopp, Sr. Vice President/ Human Resources at Exelon Corporation, emphasized the need for lawyers to communicate with the media. She agreed with Katz that communicating with the media is almost always better than saying nothing.

According to Zopp, when responding to a media inquiry, it is very important that attorneys push corporate clients to develop a communication team that can create a clear and consistent message for the company. She noted that the clients should understand that the message may develop or change as the crisis or issue at hand unfolds, and stressed the importance of selecting a spokesperson that has previous experience dealing with the media in a hostile situation.

Zopp also emphasized the significance of asking questions to find out what the reporter already knows. She advised communicators to explain background information off the record and tell the company’s side of the story, which will result in good relationship building with the reporter. This type of relationship building, she said, will make the story “good for them and you.”

Pat Milhizer, Reporter, Chicago Daily Law Bulletin

Pat Milhizer, a reporter with the Chicago Daily Law Bulletin, provided unique insights about dealing with communications crises from an inside-the-newsroom perspective.

When taking a call from a reporter, he said, it is important not to say “this is a non-issue” or a similar response. Instead of this type of response, Milhizer said to explain the reason you cannot comment on an issue with pending litigation.

In discussing complicated litigation, Milhizer advised that it is important to feel free to talk with the reporter off the record, he said. However, he added that communicators should make it clear what information is off the record. Go over rules with the reporter ahead of time to make sure what is off the record is truly “off the record,” he said.
 

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