Lexicon Communications offers full support in crisis-related litigation.
Often, a company's actions, or non-actions, are central to litigation. Juries are asked to ponder questions of possible guilt and innocence, as well as compensatory and punitive awards, based on their understanding of a company's response during a crisis. However, management's actions need to be evaluated in the larger context of the intense stress intrinsic to an escalating crisis.
In short, it is not always accurate to judge a company's or management's actions during a crisis against the standard of customary management practices in a normal business environment. For example, decisions which may seem to be wrong in retrospect may be shown to be defensible decisions made "in the heat of battle." Juries may be beneficially enlightened when such information is explained by recognized experts in the field of crisis management.
Additionally, we often work with attorneys in reviewing cases and depositions in order to detect areas of crisis management flaws which opposing counsel might exploit. In so doing, we often are able to suggest counter strategies designed to blunt such weaknesses. We also work closely with attorneys to develop trial themes that will resonate well with juries and key constituencies.
Over the years, we have provided crisis management-related litigation support, expert testimony and litigation strategies for numerous clients and situations, including:
Jack in the Box (E. coli bacteria outbreak/contaminated hamburgers/fatalities/wrongful death)
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