Playing it out in the Press

Many times over the years our clients have come to us with situations in which they feel they need to sue a competitor over patent or copyright infringement or some other business or ethical violation and they often ask whether we should issue a public statement about this.  They feel that right is on their side so they want the court of public opinion to support them via the media.  We usually advise against this, as it is fraught with danger even for nonpublic companies.  And once a situation is public it can spiral out of control very quickly.

Witness the Salt Lake Tribune's piece this week noting that the public has grown weary of the public mud-slinging between Utah Gov. Huntsman and Crandall Canyon mine owner Robert Murray. 

"Most people's focus has been on moving beyond the verbal exchanges and trying to find solutions and making sure our mines are safe," McIff said.

Price resident Ron Jewkes said he's disgusted. "Murray and the governor should have both backed off," Jewkes said. "Common sense. There's not a lot of it being demonstrated right now."

It is unlikely that either party is helping their own cause or reputation by playing this out in the press.  And often that has been the reasoning that has stopped even the most passionate of our CEO clients from ignoring our counsel and saying "just do it" about going public with a competitive suit or tiff.  The potential downside is almost always worse than any possible upside.