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CCCA_V2No2_Coping-FIN.qxd:CCCA_V1No1_DriversSeat-FIN.qxd 5/1/08 2:37 PM Page 33 Feature Barbara Grossman Senior Litigation Partner, Fraser Milner LLP Toronto Don’t wait until a crisis hits to send out an RFP. It takes time and it doesn’t show up when expected, does that mean there’s to build the trust and develop the effective working relationships been a breach or not?” asks Christine Carron, a senior partner at that are vital in a crisis. A crucial point is to have 24/7 contact Ogilvy Renault LLP in Montreal and a member of their Recall information for key internal and external people. “Most bad and Crisis Management group.“How long do you have to wait things seem to erupt on a Friday, and by a Monday a lot has hap- to find out whether FedEx can locate it before you react?” pened,” says Grossman. Spending time now to work through all these details is well In these situations, modern technology can be both a blessing worth the investment, Carron says.“You need to know who with- and a curse. If the right people can be reached, conference calls, in the organization is the right person to contact, where to find e-mail, and faxes let you accomplish a lot within the space of 48 your insurance policies,who your brokers are,what principles apply hours. Conversely, Grossman recalls one case that escalated to with respect to protecting privilege,” she explains.“You don’t want legal action because no one with decision-making authority to be scrambling around for that information at the last minute.” could be reached over a weekend. Once your plan is finished, rehearse it. Crisis simulations will pinpoint any weaknesses in your strategies and provide valuable 4 Hammer out basic templates that you can quickly adapt practice in acting under fire. Don’t forget to update your plan Develop protocols regularly as people and operations change. to specific situations as they arise.Will you need to inform regulatory authorities? How will you reach out to customers or Prepare your PR a wider public affected by the crisis? Should you call in outside 5 An essential component of any plan is a strategy for pro- counsel? What will your insurance policies cover? tecting your corporate reputation. “Every crisis is a Give some thought to questions like how to preserve privilege if Shakespearean tragedy — there’s a hero and a villain,” says you bring in a PR firm or an external investigator,what kind of doc- Washington, D.C. public relations guru Richard Levick of ument and information retention policies to follow,and how to deal Levick Strategic Communications.“And if you’re not the hero, guess what role you get to play?” ALENA GEDEONOVA evident,decide what circumstances should trigger your plan.It’s not measures that include developing relationships with powerful with multi-jurisdictional issues. And while some crises are self- Levick advocates bulletproofing your brand through proactive always clear, for example, when a privacy breach has occurred. people in your industry. “There’s an old saying in the business: “If you’ve sent data on a CD-ROM or a tape for processing ÉtÉ 2008 CCCA Canadian Corporate Counsel Association 33
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