Scott Lindlaw, Partner and Head of U.S. Litigation Support at FGS Global, joined a panel at the recent Securities Enforcement Forum New York 2025 to discuss strategic approaches to "Managing a True Corporate Crisis, Major Internal Investigation and or Whistleblower." Having advised companies of all shapes and sizes through litigation, investigations and legal crises of all kinds, Scott offered key insights into how to better prepare for them, communicate through them and protect reputation.
Specifically, Scott noted that when faced with a crisis, one of the first considerations companies must assess is whether to proactively go public. While there are situations where a passive approach is warranted, if it is possible to take control of the narrative, demonstrate that the situation is under control and frame the situation in the context of the company's values, it may be prudent to do so.
In that case, the next decision is how to communicate in a way that will best support favorable legal outcomes and protect the company's reputation. This involves close collaboration with the legal team to ensure that all communications are accurate and consistent with the overall litigation, business and communications strategy. This in turn requires developing a comprehensive strategy that identifies each of the stakeholders a company needs to speak to - including the board, investors, regulators, employees, customers and the public - and the best tactics for not only reaching those groups, but resonating with them. All of this, he said, should roll up into a highly cadenced plan that details the exact messages, timing and tactics to follow in the hours and days immediately following disclosure.
To that end, preparation is key. Many crisis scenarios are foreseeable. Crafting a comprehensive crisis communications playbook anticipating these knowable scenarios will help ensure smoother management of the crisis and related communications. Preparation also allows you to better adapt to the situation at hand; having the basic elements of your communication plan accounted for allows you to devote your time and energy to adapting your strategy based on the real-life, evolving circumstances and respond with agility.
Finally, Scott reminded the audience that heart and humanity goes a long way. Serious situations can still be handled with care and empathy. Doing the right thing by those the crisis impacts can help humanize the company, show understanding and maintain stakeholder support during challenging times.