In the modern landscape of uninterrupted global news and social media exposure, instances of corporate wrongdoing often hog the limelight. Such stories not only make headlines but also influence the public perception of the corporations involved. When the investigation of such corporate misconduct becomes public knowledge, a swift reaction is expected by regulatory bodies, law enforcement agencies, shareholders, and clients.
At such times, the first course of action for corporations usually involves seeking assistance from their legal team to navigate the impending legal issues. Along with this, they also enlist the aid of public relations and crisis management firms (PR firms) to mitigate the damage caused by negative publicity. Frequently, the legal team coordinates the company’s response to such allegations by divulging the legal strategies and associated risks to its PR firm.
This does raise an important concern though, as public relations firms might be viewed as third parties in cases of privileges. Consequently, any communication between the company’s legal counsel and its PR firm should be carefully managed to avoid a waiver of the attorney-client privilege.
For a detailed exploration of this issue, you can peruse this article that was recently published on
Law.com.