In an increasing trend, corporations and firms are facing adversarial legal action characterized as ‘Do-Gooder’ litigation. This new wave of lawsuits is typically mounted under the auspices of environmental conservation, consumer protection, or animal rights. They are brought forth in an effort to promote the common good and are often framed as false-advertising class actions. An increasing number of these claims, however, are not filed as class action suits.
The team from Kilpatrick, including Evan Nadel, Jonathan W. Thomas, and Bryan Wolin, recently led a roundtable discussion at the ANA’s 2023 Masters of Advertising Law Conference, which was aptly titled “Defending Against ‘Do-Gooder’ Litigation.” Through this insightful interaction, they delved into the complexities of these cases and proposed strategic approaches to counter them.
Defending against ‘Do-Gooder’ litigation implies a dual-tactic necessity: a robust legal counter-strategy, complemented by an agile public relations strategy to maintain corporate reputation during the litigation process. Firms need to be proactive in understand and preempting these actions to avoid damage to their reputation, as well as potential economic losses.
The rise of ‘Do-Gooder’ litigation indicates a broader societal shift toward prioritizing ethical consumerism—a phenomenon that will certainly shape the legal and corporate landscapes in the years to come. Adapting to this paradigm shift will require firms to reassess legal risk management, corporate social responsibility priorities, and their overall business strategy. This is a nuanced and multifaceted challenge that will require firms to marshal their expertise at the intersection of law, PR, and ethical business practices.