Class Action Litigation – Making Your Case in the Court of Public Opinion

image

By the time most corporations have geared up for a class action lawsuit and are ready to do battle, their opponents on the plaintiffs' side have already launched pay-per-click campaigns and sweeps of the general population; penetrated the social media; and implemented organic Search Engine Optimization (SEO) that earns top billing for their websites when information-seekers use their search engines.

Even small plaintiffs' firms know how to take advantage of blogs, Facebook, Twitter, and other social media to build out their class membership numbers as well as propagate their own version of the issues at stake. They post videos as well -- powerful attractions for traditional print and broadcast reporters as one YouTube segment will put an irresistably human face on the damages alleged.

Since class actions are quintessentially public lawsuits involving massive population segments, the fact that many plaintiffs' lawyers have such a huge headstart online becomes all the more decisive. They raise the ante for crisis communicators as they anticipate corporate exposure, circulating their messages virally in order to ensure that the exposure becomes a liability. Not just efforts to redress grievances, class action lawsuits are -- purportedly -- agents of social change as well.

When a story is framed by one party in this "good versus evil" fashion, it' s nearly impossible to keep it quiet. While millions may be at stake in the courtroom, billions can be lost when a brand' s credibility and trustworthiness are attacked on so conspicuous a stage.

To catch up, companies need to realize that they have the same tools at their disposal, provided they're willing to commit to using them. Because digital media have so fundamentally altered the class action playing field, in-house counselors are especially well-advised to master these new online arts if they are to strengthen and solidify their positions as protectors of corporate revenue and reputation.

A number of involved profressionals, myself included, will address these and other class action trends later this week at the LSI Litigating Class Actions Conference on May 7 and 8.

Take a Look at These Related Blog Posts:

blog comments powered by Disqus