With extensive experience working on high-profile litigations, Boulder Strategic Communications' strategies support the legal team to drive litigation through a successful verdict or advantageous settlement. BSC Principal Jeremy Zweig has represented parties in Federal and state courts related to contract disputes, fraud, anticompetitive behavior, shareholder actions, personal injury, employment law, intellectual property and violent crimes.
Here's our approach:
Develop clear messaging
This is the most basic building block in creating the narrative. We recast the facts of the case, the history between the parties, explain why the client is committed to this course of action and its determination to be treated fairly. We’ll clearly contextualize the facts and timeline, as well as lay out what this all means to the parties and the larger landscape.
Work on the record and in the background to ensure that the facts are reported correctly.
Reporters typically aren’t lawyers, and that provides both opportunity and risk. Journalists are eager to gather additional information and perspective that will help shape their story. Each hearing, deadline or procedural victory – no matter how small – gives an opportunity to communicate. We thoughtfully contextualize and proactively communicate all meaningful legal briefings and in close consultation with the legal team, provide public statements and background discussions as appropriate procedural events require. Each judge’s perspective on press is different – counsel will provide guidance to keep us from overcommunicating.
Contribute to legal filings.
At the discretion of counsel, we provide communications review of legal filings in order to make recommendations about narrative and the use of accessible language. The priority will always be to maximize the strength of the litigation, and judicious contributions can often be made while maintaining (or improving) the effectiveness of the brief.
Assertively set the agenda.
The team may determine that it is in our interest to pursue a singular story that resets part or all of the public understanding of a case. The form of this effort can be direct press interviews with principals, provision of previously-unavailable facts or data, or an op-ed /high-profile essay. There is litigation risk associated with these efforts, which would be considered and undertaken thoughtfully.
Reinforcing the reputation of the client.
In situations where we have an opponent that looks to weaponize innuendo and misrepresentations, there is value in proactively setting the framing for the client's actions and expertise. This can be achieved through background conversations with reporters, documents drafted or – if advisable – significant on-the-record press.
Prepare for the unexpected.
Litigation opponents can be unpredictable, and it’s best practice to prepare a general sense of tactics in the case of an adverse scenario. We identify the most likely complexities and outline strategies in order to minimize delays in real-time decision-making.
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