CRISIS MANAGEMENT: GUIDING YOUR ORGANIZATION THROUGH DISRUPTIVE EVENTS Zane David Memeger Kevin A. Feeley Eric M. Schweiker 2017 In House Counsel Conference
Presenters: Zane David Memeger Partner Morgan Lewis Kevin A. Feeley President Bellevue Communications Group Eric M. Schweiker Vice President & Associate General Counsel ECO Investigations Hewlett Packard Enterprise
What Is a Crisis? 3
4 Despite Best Intentions, Crises Happen to Good Companies Common Threads of Crisis Scenarios High public visibility Communications challenges Complex legal, regulatory, business and technical issues Urgency to understand complex facts Immediate demands for answers and solutions Multiple agency investigations Overlapping litigation
5 What Is A Crisis? Three categories: 1. An emergency or catastrophic event like an environmental disaster or data breach. 2. A slowly evolving issue that may culminate in highly visible exposure. Often starts with a government investigation or internal whistleblower allegation. 3. A crisis that may be avoided through strong and early internal action or litigation containment.
6 Basic Elements of a Crisis Management Plan Pre-Plan Immediate Response Steps Issue/Incident containment Alerting crisis team Fact gathering Identify Crisis Management Team with Designated Roles and Authority to: direct resources; support the outside crisis manager(s); control company messages; interface with government responders; and begin evidence collection and preservation Identify Communications Team Consider likely affected constituents
7 Potential Key Players on a Crisis Management Team CEO, Relevant Business Unit Leaders General Counsel And Relevant In-house Counsel Outside Counsel Crisis Manager Corporate Communications Outside Communications Consultant Investor Relations Government Relations Board Chair/Board Compliance Director IT/Record Management
8 Crisis Fast Movers Looking for Answers Congress/Local Politicians Media Consumer Groups Community Organizations Regulators Shareholders Customers Employees The Board
9 The Government Plans Ahead Standing Task Forces and Working Groups (e.g., Joint Terrorism Task Force, Environmental Task Force, etc.) Established Command Centers and Coordination Strategy Among Federal, State, and Local Law Enforcement Partners Crisis Response Team Members Identified Regular Simulated Training Sessions Communication Strategy
10 Government Crisis Response Goals Neutralize and mitigate Threat (e.g., national security, physical, environmental, etc.) Understand What Happened & Why? Contain and process incident site for safety and evidence Investigative steps (e.g., grand jury, search warrants, subpoenas, witness interviews) Individual and corporate accountability where appropriate Getting it Right Means Government Investigation Will Take Time Provide Public Info Balancing Right to Know v. Investigation Integrity
Zane David Memeger Zane David Memeger handles a wide variety of litigation matters, including government investigations, internal investigations, and white collar matters involving major representations across all industries. Zane returned to Morgan Lewis in 2017 after serving for nearly seven years as the United States attorney for the Eastern District of Pennsylvania. As US attorney, he led an office of 130 lawyers who investigated and prosecuted cases involving official corruption, government and financial fraud, violent crime, narcotics, and other federal offenses. Zane has litigated civil cases on behalf of the United States in one of the nation s largest districts. In addition to his regular duties, he served on the Attorney General s Advisory Committee, and was cochair of the Health Care Fraud Working Group. Before his appointment as US attorney, Zane was a Morgan Lewis partner from 2006 to 2010, focusing on white collar criminal defense work and corporate investigations, with a strong concentration on healthcare fraud investigations involving criminal and civil allegations of fraud, kickbacks, and other misconduct. He also dedicated a portion of his practice to the firm s pro bono efforts, handling cases as a member of the Criminal Justice Act Panel for the Eastern District of Pennsylvania, and supervising lawyers handling matters for the Support Center for Child Advocates and the Education Law Center. Zane began his association with Morgan Lewis in 1991, leaving in 1995 to serve as an assistant US attorney in the Eastern District of Pennsylvania, a position he held for more than 11 years. He received several commendations in early 2006 from then FBI Director Robert S. Muller for his work in the investigation and prosecution of cases involving public corruption and Hobbs Act violations.
Kevin A. Feeley As President of the Bellevue Communications Group, which he co-founded in 2000, Kevin Feeley brings more than 25 years of experience in journalism, law, and government to the practice of public and community relations. Bellevue s development draws on this experience to provide crisis communications, strategic public relations counsel and effective community outreach on behalf of clients from the corporate, non-profit and public sectors in the Philadelphia area. The firm s clients in 2007 included Citizens Bank, Temple University Health System, Comcast, Comcast-Spectacor, the National Constitution Center, and nearly 50 other companies or organizations. From 1992 to 2000, Kevin served as Deputy Mayor for Communications for Mayor Edward G. Rendell. In that capacity, he helped to shape press coverage for the Rendell Administration, serving as the Mayor s spokesman and developing working relationships with reporters and editors at every major media outlet in the Philadelphia region. In addition, Kevin worked on the front lines of municipal government, spearheading Administration initiatives in a wide variety of areas, including housing, environmental safety, Internet access, and graffiti removal. Prior to serving in the Rendell Administration, Kevin practiced law in Philadelphia at Drinker Biddle & Reath, and at Clark Ladner Fortenbaugh & Young. Before that, he worked as a journalist in the Greater Philadelphia region, including stints at The News-Journal in Wilmington, Del., and The Philadelphia Journal. In addition, Kevin served as a freelance correspondent for USA Today, Gannett News Service, and Newsweek. He is a graduate of the University of Pennsylvania and Temple University Law School, and a 1973 graduate of Girard College in Philadelphia.
Eric M. Schweiker Eric M. Schweiker is the Vice President & Associate General Counsel for the Investigations team in HPE s Ethics & Compliance Office. He joined HP in 2012. Prior to his current role, Eric served as Director of the AMS Investigations team. Before joining HP, Eric worked for seven years as an Assistant U.S. Attorney in the United States Attorney s Office for the District of New Jersey, investigating and prosecuting white collar and national security matters. Eric also had prior experience with the New Jersey Attorney General's Office and a large international law firm in Philadelphia. Eric is a graduate of Fordham University, The Bronx, New York, and received his law degree from The University of Chicago Law School.
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