Replay: The Power of a Compelling Narrative in Litigation

In this episode, Gina Rubel goes on record with Phil Goldberg, Managing Partner of Shook, Hardy & Bacon’s Washington, D.C. office and co-chair of the firm’s public policy practice, to discuss the evolving intersection of litigation, public opinion, and strategic communication.

With more than 25 years of experience in high-stakes public policy and legal communications, Goldberg shares how litigation has become increasingly influenced by storytelling, third-party funding, and the coordination of legal and communications teams. He emphasizes the need for businesses and legal professionals to align their messaging strategies across legal, public relations, and public affairs functions to effectively manage reputational risk and legal exposure.

Key Takeaways:

1. Litigation Is No Longer Confined to the Courtroom. They discuss how litigation is increasingly waged in the court of public opinion, often through aggressive advertising, media campaigns, and public affairs strategies driven by third-party litigation funders. They emphasize that silence from defendants can be misinterpreted as guilt, making strategic communication essential.
2. Cross-Functional Collaboration Is Critical. Successful litigation strategy now requires alignment across legal, communications, and government affairs teams. They advocate for early involvement of litigation public relations professionals to ensure consistent messaging that supports legal objectives while also resonating with public audiences.
3. Words Matter. From court filings to press statements, precision in language can make or break a case. They underscore how phrasing can be misused against a company in litigation and how public relations professionals with legal knowledge can help navigate these nuanced risks.