In the modern media age, litigation public relations (PR) has become an essential tool for managing high-profile legal cases. When a case garners the public’s attention, what happens outside the courtroom can be just as important as what happens inside it. In an era where media coverage spreads instantly and social media offers a platform for every opinion, the way a company or individual manages the public narrative can play a crucial role in shaping the case’s outcome and, ultimately, their future.
However, not all litigation PR efforts are successful. When done poorly, litigation PR can cause irrevocable harm, amplify public outrage, and worsen a legal situation. Poorly executed PR can damage reputations, generate negative press, and undermine legal strategies, often compounding the challenges already faced by the legal team. As high-profile cases continue to dominate headlines, the lessons learned from PR failures should act as a guide for future litigation campaigns.
This op-ed takes a look at several high-profile examples of litigation PR failures, analyzing what went wrong, why they backfired, and what others can learn from these costly mistakes.
The Importance of Litigation PR
Before diving into examples of failure, it’s important to understand the role litigation PR plays in high-profile cases. In its simplest form, litigation PR seeks to manage how a case is perceived by the public, especially in cases where reputations and public image are at stake. For businesses, individuals, or organizations facing legal action, their public relations team works to maintain a positive image, control media coverage, and influence public opinion, all while working in tandem with the legal team.
While the legal process is about proving facts in the courtroom, public opinion can have a profound impact on how a case unfolds. A well-crafted PR strategy can ensure a favorable image for a defendant or plaintiff, while a poorly executed strategy can fuel public outrage, turning what may be a legal issue into a full-blown public relations crisis. The goal of litigation PR is to protect, or even enhance, the public’s perception while the legal team focuses on the case’s specifics. But when the PR message is unclear, dishonest, or tone-deaf, it can irreparably damage the individuals and organizations involved.
1) BP and the Deepwater Horizon Disaster: A Case of Complete Failure
Perhaps one of the most glaring examples of litigation PR failure in recent history is the 2010 BP Deepwater Horizon oil spill disaster. This catastrophic event, which led to the deaths of 11 workers and the largest marine oil spill in history, not only caused significant environmental damage but also sparked global outrage.
From the outset, BP’s public relations efforts were fraught with missteps. BP’s CEO, Tony Hayward, became the face of the company’s crisis communication efforts, but his missteps only worsened the situation. One of his most infamous comments, “I’d like my life back,” made during a media interview, was viewed by the public as insensitive and tone-deaf, particularly as people were grappling with the environmental devastation caused by the spill and the tragic loss of life. The comment cemented the perception that BP was more concerned about its CEO’s personal situation than the catastrophic effects of the disaster.
In addition to poor messaging, BP’s response was initially slow and inadequate. The company downplayed the extent of the damage and initially refused to take full responsibility for the spill, which only fueled public skepticism. The lack of transparency during the first few weeks made BP appear evasive, with PR executives attempting to deflect blame rather than taking immediate responsibility for the disaster.
BP’s failure to understand the public’s growing anger—especially as the environmental damage mounted—was disastrous for its image. Instead of accepting the gravity of the situation and working to rebuild trust, BP’s PR strategy created a sense of betrayal among the public. The company’s hesitations and mismanagement in handling the public relations response exacerbated the backlash and lengthened the time it took for BP to regain any public goodwill.
By the time BP shifted its approach and began publicly acknowledging its mistakes, the damage had already been done. BP eventually established a $20 billion compensation fund and made efforts to contain the oil leak, but its reputation was permanently tarnished. This PR failure demonstrated how not to handle a crisis—minimizing the issue and failing to immediately take responsibility only heightened the negative press, which made the company’s legal situation even more complicated.
2) United Airlines: An Example of PR Overdrive Gone Wrong
Another prime example of a PR failure that significantly damaged a brand’s reputation was United Airlines’ handling of the Dr. David Dao incident in 2017. When a passenger, Dr. Dao, was forcibly removed from an overbooked United Airlines flight, a video of the incident went viral, showing Dr. Dao being dragged down the aisle by airport security officers, bleeding from his mouth and visibly distressed.
The video sparked widespread outrage, leading to condemnation across social media and national media outlets. In this case, the public relations response from United Airlines was not only inadequate but also unnecessarily dismissive. Initially, United CEO Oscar Munoz issued a vague apology that did little to address the severity of the incident. Instead of acknowledging the gravity of the situation and empathizing with the victim, Munoz’s first public comments referred to the incident as “re-accommodating” the passenger, which many viewed as a euphemism for a brutal and unjustifiable act of violence.
The company’s attempt to spin the incident in its favor—emphasizing the need to “de-escalate” the situation rather than simply taking responsibility for the actions of its staff—only fueled public anger. The PR team failed to act with speed and empathy, and as the backlash escalated, Munoz’s attempts at damage control appeared increasingly inadequate. He later apologized, but by then, the incident had already caused a massive public relations crisis for the airline.
In contrast to BP’s gradual shift toward accountability, United Airlines’ PR mismanagement compounded the situation. The company did not issue a swift, clear apology, and the corporate tone felt out of touch with the public outrage. By the time the company made a more sincere apology and adjusted its policy to prevent similar situations in the future, United Airlines had suffered irreparable damage to its reputation. The incident cost the company millions in lost revenue, as well as a considerable amount of consumer trust.
United Airlines’ PR failure highlights the importance of taking responsibility in the face of a crisis and addressing the public with empathy and transparency. In high-profile cases, any attempt to deflect blame or downplay the seriousness of an incident can quickly spiral out of control. The longer a company delays taking full responsibility, the more it risks the erosion of its reputation.
3) The Fyre Festival: A PR Disaster in the Making
The Fyre Festival, marketed as a luxury music festival on a private island in the Bahamas, became one of the most infamous PR failures in recent history. Promoted by influencers and high-profile celebrities, the event promised an exclusive, glamorous experience for those willing to pay top dollar for tickets. But when attendees arrived, they were met with substandard conditions—disastrous accommodations, food, and logistics, leading to widespread confusion and outrage.
The PR campaign leading up to the festival was nothing short of brilliant, leveraging social media influencers and celebrities to generate excitement and demand. But when the festival quickly turned into a disaster, the PR response by the organizers, particularly founder Billy McFarland, was nothing short of catastrophic. Instead of acknowledging the failure of the event and working to fix the problems, McFarland and his team tried to shift blame to the vendors, the weather, and other external factors.
The organizers’ inability to manage expectations, their lack of transparency about the issues on the ground, and their refusal to accept responsibility for the disaster led to massive public backlash. McFarland attempted to salvage the situation by making a series of increasingly desperate PR statements, but his tone was widely seen as dismissive and out of touch. His insistence that everything was “fine” despite overwhelming evidence to the contrary made him seem like a con artist rather than a legitimate businessman.
The fallout was swift and devastating. McFarland was eventually arrested and charged with multiple counts of fraud, and the festival’s backers faced significant legal action. The PR disaster was compounded by the fact that it was clear the festival was never going to deliver on its promises, and the PR team failed to take steps to manage the growing anger from attendees and the media.
The Fyre Festival debacle is a textbook example of how PR can go terribly wrong when companies fail to deliver on promises and cannot handle a crisis with transparency. Instead of addressing the failures immediately and making reparations, the PR response served to make the situation worse. This case serves as a reminder of how vital honesty and transparency are when managing the public narrative in high-profile litigation.
4) The Facebook-Cambridge Analytica Scandal: A Case of Delayed Response
In 2018, Facebook became embroiled in one of the largest privacy scandals in recent history when it was revealed that the political consulting firm Cambridge Analytica had harvested personal data from millions of users without their consent. This data was then used to influence political campaigns, including the 2016 U.S. Presidential election.
The scandal sent shockwaves through the tech world and beyond, triggering widespread public backlash and intense scrutiny from both lawmakers and the public. Facebook’s PR response to the crisis was slow and inadequate. Mark Zuckerberg’s initial comments were evasive and failed to address the full scope of the scandal. It wasn’t until the company’s stock price plummeted, and public outrage reached a boiling point, that Zuckerberg and Facebook’s PR team took more concrete steps to address the issue.
Facebook eventually initiated several damage-control measures, including an apology from Zuckerberg and changes to its privacy policies. But the delay in responding to the scandal, and the perceived lack of transparency, only fueled the public’s sense that Facebook had mishandled user data for years. Zuckerberg’s congressional testimony also revealed a lack of accountability and understanding of the impact the scandal had on users, which was evident in his tone-deaf responses.
The Cambridge Analytica scandal demonstrated how a slow or insufficient PR response to a crisis can undermine a company’s reputation and lead to long-term damage. For Facebook, the PR failure created a perception that the company cared more about protecting its bottom line than safeguarding user privacy.
The cases above highlight how litigation PR, when mishandled, can cause irreparable damage to individuals, brands, and companies involved in high-profile legal matters. The common thread in these failures is a lack of transparency, a failure to take responsibility in the face of adversity, and a delay in responding to the public’s concerns.
In today’s world, where public opinion can shape the outcome of a case almost as much as the legal arguments, litigation PR can make or break a reputation. The lessons learned from these failures emphasize the need for transparency, empathy, and speed in crisis communication. When a legal situation spirals out of control, the public’s perception is paramount. And when PR is done wrong, it can fuel the flames of public anger, tarnish reputations, and complicate legal strategies, making it all the more difficult to achieve a favorable outcome in court.
