Crisis Response & Management

Disaster can strike when you least expect it. And a swift, proper response depends on preparation. Phillips Lytle’s dedicated Crisis Response & Management Team has on-the-ground experience addressing all types of disasters and the ability to immediately deploy our attorneys – taking whatever steps necessary to implement emergency response protocols. And to avoid crises at all costs, we regularly advise our clients on crisis management planning, from drafting policies to on-site training.

COMMON CRISIS SCENARIOS

  • Environmental catastrophes and chemical releases
  • Fires, spills and explosions
  • Product tampering
  • Food contamination
  • Abrupt changes in corporate senior management
  • Bioterrorism
  • Government investigations and raids
  • Labor strikes
  • Natural disasters
  • Consumer Products Safety Commission inquiries and product recalls
  • Catastrophic product failures
  • Technology and data security breaches
  • Internet and website threats
  • Ransomware, data breaches and cyberattacks

CRISIS RESPONSE SERVICES

Crisis Response and Management

Attorneys from our Crisis Response & Management Team are ready to act the moment a problem arises. From environmental disasters and data breaches to external threats and government investigations, Phillips Lytle will work with you to investigate the situation, interface with regulators, handle insurance companies, interface with staff and employees, and prepare proper internal and external communications.

Crisis Communications and Public Relations

We understand controlling the message is key in this type of situation. That’s why we have an in-house public relations manager who is available to quickly help manage media relations and crisis communication. Our team will assist with talking points, prepared statements and other critical deliverables to ensure timely, comprehensive communication to all relevant parties. For larger public relations matters that may impact a client’s reputation, we maintain a partnership with highly respected PR professionals who can step in to offer guidance, strategy and assistance.

Risk Mitigation and Litigation Preparation Following a Crisis

During a crisis, a company can quickly turn from victim to defendant in litigation. We take the necessary steps and precautions to avoid litigation and governmental enforcement, if possible, but we also have a plan in place should litigation ensue.

Crisis Management Planning and Prevention Services

Before a crisis even occurs, Phillips Lytle takes the time to work with clients in planning and preparing for unexpected events. This preparation includes on-site visitations and discussions with senior management to identify the client’s potential vulnerabilities and review current crisis response procedures. Based on this information, we draft a written crisis response plan that’s tailored to the client’s specific business, and we identify what actions should be taken to avoid or mitigate any damage or injury in the event of a future crisis.

CRISIS MANAGEMENT PLANNING AND RESPONSE EXPERIENCE

Crisis Policy Preparation

  • We represented an international company with significant production facilities across the U.S. in developing a crisis management policy tailored to the company’s needs. This included staff and management training, as well as existing policy and procedure revisions. Phillips Lytle also evaluated the various regulations and instructions by government agencies that regulate the company’s industry.

Data Breach

Our team has a wide range of experience with data, having handled everything from insurance claims to identifying credit-monitoring services for potentially affected persons and securing properly protected relationships with technology vendors to assist in response and mitigation efforts. Experience includes the following:

  • We represented a company in the automotive industry and worked closely with government agencies on a suspected breach. Our team secured forensic and technology experts to investigate the allegation, preserve key evidence and mitigate potential future risks. In addition, we conducted numerous interviews with the company’s staff to further investigate and mitigate risk.
  • We assisted with extensive litigation surrounding a cyberattack and its aftermath for a national organization.
  • We represented several small and large businesses in internal data breach investigations resulting from actions by competitors, disgruntled employees and others, including securing temporary restraining orders to prevent ongoing harm.
  • We obtained an immediate injunctive relief from court that ordered a vendor to return technology hardware the vendor had been holding hostage.

Product Recall

  • We represented a privately held international food products corporation for losses sustained due to a product recall. Our team worked closely with company management and staff to investigate the cause of the failure, assist in the collection and organization of hundreds of thousands of records reflecting the company’s losses, track all recall efforts, and manage the legal response to a variety of insurance companies and those responsible for the mechanical failure. We then pursued legal action resulting in a verdict in New York State exceeding $21 million, in addition to significant confidential settlements.

Environmental

  • We represented a FORTUNE 50 company in responding to a raid by multiple federal and state agencies concerning illegal waste storage allegations. Our team was immediately deployed to the facility to respond to government demands for search and seizure, inspections and investigation. We coordinated the company response to the raid and defended the company in all aspects of the investigation.
  • We represented a FORTUNE 50 company in responding to an explosion and resulting investigations by the Chemical Safety Board, OSHA and U.S. EPA. Our team was immediately deployed to the facility to assist in all aspects of the investigation, including responses to government inquiries, root cause analysis and regulatory response. We assisted the company in responding to agency inquiries and allegations of non-compliance with certain environmental and OSHA regulations and provided personal injury defense.
  • We represented a process manufacturing company in responding to a chemical fire at its facility, which resulted in U.S. EPA, state and local investigations. We assisted the company in responding to agency inquiries, deployed a public relations plan and ultimately resolved allegations of non-compliance with environmental regulations.
  • We represented a high-precision manufacturing company in responding to an acute employee illness outbreak due to allegations of indoor air contamination. We assisted the company in responding to state and local investigations, inspections and allegations of non-compliance. We also assisted with labor discussions, public relations and root cause analysis.

Government Investigations

  • We represented a manufacturing company when the federal government executed a search warrant at their offices to seize documents and computer systems. Phillips Lytle was on the scene within an hour to provide legal assistance for individuals. We contacted the supervising assistant United States attorney and arranged to provide copies of the requested information in lieu of taking away the systems themselves. The manufacturer remained in business as the investigation progressed. Ultimately, the investigation focused on contracts involving a minority business enterprise.
  • We represented a manufacturing company that received a cease-and-desist order from a government agency that came on their property. Phillips Lytle assembled a crisis team with litigation and environmental expertise. Negotiations with the government continued while court papers were prepared for judicial intervention in case relief was needed to allow the manufacturer to continue operations. Ultimately, the environmental team reached an agreement that allowed the manufacturer to continue operations without the need for judicial intervention.

The Phillips Lytle Crisis Response & Management Team is available 24 hours a day, seven days a week, 365 days a year to handle the most time-sensitive situations. We understand the importance of immediate and appropriate response when a crisis occurs, so our team is always ready and available to assist our clients. Our attorneys can always be reached at 1-866-812-5116.

Crisis Response & Management