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Crisis Management & Strategic Response

However a crisis occurs—the denial of regulatory approval; a lower-than-expected earnings report; an employee complaint; a data breach; a product recall; or an accident, explosion or pandemic—it can dramatically disrupt daily operations, compromise reputation and affect the future of your company. Arnold & Porter brings the broad experience to effectively manage the wide range of potential repercussions: criminal investigations, whether federal, state or overseas; bet-the-company securities, product liability or class-action litigation; congressional or regulatory investigations; and relentless media scrutiny. Led by a former United States Attorney, our Crisis Management & Strategic Response team has the flexibility to assemble the right team, the skills to devise an overarching strategy and defense, and the insights to give practical advice for every significant legal, reputational and operational issue that arises.

  • Multidimensional Response: We bring the skills and expertise to develop comprehensive strategies that address the interplay among high-stakes civil litigation, government investigations, the glare of political scrutiny, and public relations and reputation management.

  • Depth of Experience: We draw on the insights of former federal prosecutors, federal regulators and senior leaders at the US DOJ, Congress, SEC, FDA, EPA, CPSC, FTC, NSA, NSC, CIA, Army, and Air Force.

  • Preparation as the Best Defense: We work with you to create crisis management plans, conduct internal audits to assess vulnerabilities and existing protocols, and ensure that the proper procedures and resources are in place.

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Learn more about our Workplace Integrity and Crisis Management services

Experience Highlights

  • Diverse Clients in their responses to an array of Coronavirus (COVID-19) interrelated issues arising from the pandemic's implications for their businesses, including financial hardships for debtors and creditors, liabilities and immunities, allegations of employee negligence, supply chain disruptions, class actions, compliance with government contracting requirements, and data privacy concerns.
  • Wanaque Center for Nursing and Rehabilitation in its response to a deadly viral outbreak by conducting an independent investigation of the facility's response, responding to investigations, reviews, and enforcement action by multiple law enforcement and regulatory agencies, representing the facility in ongoing litigation with the Centers for Medicare and Medicaid Services, and coordinating the overall response to the media and the state legislature.
  • Newark Beth Israel Medical Center and its parent RWJBarnabas Health in conducting an independent investigation, responding to multiple enforcement investigations and regulatory reviews, and overseeing the response to extensive media scrutiny and congressional and legislative inquiries following allegations in the national press that patient care in the hospital’s heart transplant program was compromised to improve survival statistics.
  • BP, as lead environmental counsel, in responding to the Deepwater Horizon oil rig explosion and its aftermath, including negotiating the historic settlement of all federal and state environmental claims.
  • Carnival Corporation, as lead counsel for the defendants, in securing dismissal of all US claims for lawsuits and appeals across the US arising from the widely publicized January 2010 shipwreck involving the Costa Crociere cruise ship Costa Concordia.
  • General Electric in securing dismissal of putative class action alleging personal injuries from radiation exposure arising out of the Fukushima nuclear power plant meltdown.
  • News Corporation's Management and Standards Committee in relation to the investigations involving voicemail interception and payments to public officials, which included advising on all concurrent proceedings. Successfully defended the company in relation to all allegations of alleged wrongdoing.
  • Pharmaceutical company in a large-scale, multiyear off-label promotion investigation by the US DOJ, US FDA and New Jersey US Attorney’s Office, and in a publicly filed First Amendment and statutory challenge to FDA's intended-use regulations in federal court in Washington, DC. The matter involved parallel criminal, civil and administrative investigations.

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