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Litigation PR and Group Actions in Europe

Winning in the court of law does not necessarily lead to winning in he court of public opinion. When a firm or individual is involved in litigation, managing public opinion can be a difficult challenge.

Through Mirovia, our international network of reputation consultancies specialising in the legal sector, our team has unparalleled experience in working with lawyers and their clients to manage and protect their reputation, as well as in defining the communications strategy to achieve litigation objectives.

We act on high-profile national and international disputes, where litigation PR is a key part of achieving the judicial objective, both in terms of facilitating settlement and protecting the brand.

We represent claimants and defendants from all sectors and jurisdictions, including the UK, Spain and Latin America, throughout the often highly complex and high-stakes claim lifecycle.

It is highly likely that a relevant court case will hit the media. Make sure that the headlines are the right ones.

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    Increasing awareness of class actions amongst potential claimants

    The Mirovia team has been involved in public awareness campaigns for many years, including through working closely with consumer and representative bodies. This means we truly understand how to establish and develop the appetite for class actions amongst potential claimants and help get them off the ground.

    Our experience tells us that we need to ensure the public (and potential claimants) properly understand the benefits of an active class action regime, and how it can help serve them in securing access to justice and ultimately securing compensation for wrongdoings that have affected them. In order to do this, it important to raise awareness of the point that class actions serve as a mechanism for holding companies to account.

    Our capabilities within litigation

    Our capabilities within litigation :

    Audits, deep understanding and analysis of opponents’ operating environment to understand vulnerabilities and strengths going into a legal case.

    Presence in court rooms to identify and liaise with journalists as needed, including providing legal documents and briefings to shape the narrative.

    Creation and management of a website which houses the messaging, positioning, and sign-up pages. Ensuring digital strategies across social media channels reflect and advance the position.

    Generating messaging and narratives that cuts through noise and land well with the audiences that matter.

    Drafting scenario plans to map the outcomes of case, including strategic approaches that mitigate risk or leverage findings to apply pressure on the opponents.

    Preparing proactive and reactive strategy that is dovetailed with the legal and broader timeline.

    Preparing spokespeople for engaging with media, to ensure messaging lands in the desired way.

    Understanding the context and ensure that all mentions of the legal case are accurate. This includes ensuring misinformation that weakens the legal or public position is not published or is taken down.

    Live tracking of mentions and topics relevant to the case, across all jurisdictions and languages, reactively to ensure appropriate action is taken, and to shape strategic direction.

    Define the communications strategy to achieve litigation objectives

    Using strategic communications throughout a class action

    When defending a class action, your opponents are battling with:

    The legal problem

    How do they robustly defend the action while mitigating the total financial exposure through losing or settling?
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    Decision maker

    Damage to brand and reputation

    How do they defend the action while protecting their reputation among a group that are still important to them, such as current or potential customers, investors and shareholders?
    Therefore, it is important to think about leveraging the reputational risk to your defendants, in order to apply pressure on them and encourage them to come to the table for settlement discussions. This should be tied to their legal and broader corporate concerns and timeline, such as AGM, annual reports and other reputational threats they may be facing. Potential tactics to deploy include:
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    Case studies

    Bankruptcy of Banco Madrid

    This case began with the publication by FinCEN (Financial Crimes Enforcement Network) of a report on possible money laundering operations by the Russian and Chinese mafias related to Banca Privada d’Andorra (BPA). The main subsidiary of this bank was Banco Madrid, which had among its clients large investors and wealthy individuals. The judge ordered the dismissal of the bank’s board of directors and the bankruptcy liquidation of the bank. This insolvency organisation was made up of two law firms and the Spanish government, which, through the Treasury, would ensure that the liquidation of the Bank took place in an orderly manner. In the course of the first two months, there were many difficulties to deal with: there was no crisis committee, employees were massively leaving the firm, there was not enough capital to issue all the transfers requested – so the Bank had to sell important assets to raise liquidity-. Our work consisted of managing the crisis communication strategy of the insolvency organisation, creating a crisis committee, preparing the different scenarios, training the interlocutors, managing the relationship with the media -meeting with the main media in Spain: El País, La Vanguardia, El Mundo, El Economista…-, managing to turn around the communication of the case and significantly improving public and media opinion regarding the situation.

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    Venezuelan gold in the UK

    Since Juan Guaidó was recognised by the United Kingdom, the United States and other Western countries as interim president of Venezuela, considering that the election won by Maduro in 2018 was fraudulent, access to the country’s gold reserves was frozen since 2019. Those Venezuelan gold reserves were the subject of a dispute over their control between Maduro and opposition leader Juan Guaidó. The British judiciary rejected an appeal by the Maduro regime against a ruling that gave Guaidó control of more than 30 tonnes of gold, valued at USD 1.9 billion and held at the Bank of England. Maduro and Guaidó each appointed different boards for the Central Bank of Venezuela (BCV) and the two issued contradictory instructions regarding the handling of the gold reserves. The BVC filed a lawsuit against the Bank of England to regain control, arguing the need for those funds to cover the costs of pandemic measures. For decades Venezuela has stored gold as part of its reserves in foreign banks, both in Europe and the United States, a strategy followed by many other nations. Large countries have the capacity to be able to protect their own reserves, so holding reserves elsewhere is a conventional strategy adopted by smaller countries to protect and safeguard them. Our advice consisted of supporting the strategy of a major international law firm, based in the UK, in the media campaign throughout Latin America to publicise this case for the release of Venezuelan gold by the UK in order to cover the costs incurred by the country as a result of the pandemic. Dozens of publications were published in local and regional media in Latin America, speaking to journalists to convey the Venezuelan government’s messages.

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    Area Manager

    Marc Gericó

    Marc Gericó
    Founding & managing partner
    t.: +34 911 085 676

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    Diana Jennen
    Partner | Director of Litigation PR
    t.: +34 911 085 676

    María Sol Rubio

    María Sol Rubio

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    Irene Casanueva
    Communications Manager