Escalating risks: Communications in Legal Disputes: How seizing the initiative at the outset can help a client win
For corporates, litigation is an ever-present risk. As well as diverted management time, legal fees and possible shareholder concerns, companies must contend with the possible reputational risks of major cases - from initial filing through to trial, or settlement. Building a strong communications approach into litigation strategy from day one allows a plaintiff or defendant to set the narrative early and increases the likelihood of a successful outcome.
In 2021, McDonald’s was sued in a court in Delaware, and later California, by a small technology start up, Kytch. The company claimed that it had developed a device that could assist in reducing faults with the McFlurry ice cream machines in McDonald’s restaurants, often criticised on social media for their unreliability. The device would monitor the internal condition of the machines and send diagnostics to the store manager to keep the devices running or to fix problems.
In November 2020, McDonald’s issued internal advice that advised their franchisees against using Kytch products, saying that they represented a safety hazard for staff. Kytch proceeded to sue McDonald’s and its supplier for $900 million in damages. According to the company, the guidance had eradicated their sales overnight, and in doing so the fledgling business had been the victim of tortious interference by McDonald’s. McDonald’s strongly denied the claim.
The filing of the legal case became a major national story - McDonald’s was accused of sabotaging a third party start-up to protect its own business. Prior to this, Kytch had limited public profile beyond industry trade press. In May 2025, the case was settled for an undisclosed value. The lawsuit saw extensive coverage and has now been linked to campaigns over right-to-repair legislation and an investigation by the Federal Trade Commission against McDonald’s.
A technical dispute, related to a piece of niche hardware with a relatively unknown plaintiff, became a story that was plastered over the business pages of the New York Times and Wall Street Journal. Through effective litigation PR, Kytch fostered a portrayal of McDonald’s as a business seeking to harm the nation’s start-up ecosystem, and were able to leverage the story to negotiate a settlement outcome in spite of the legal hurdles in their way.
The importance of a clear litigation press strategy around or before a claim filing
For litigation communications specialists, it is common to receive an instruction at the eleventh hour, after a client has begun to receive media enquiries. But the initial phase of media coverage around a case typically has a profound effect in shaping the overall narrative of the case as it progresses. Treating communications as an afterthought leaves a party on the back foot and can create unwanted narratives that can linger throughout a case.
For plaintiffs, an effective early PR strategy that hits out with a robust core message can enhance the strength of the legal positions in the claim and place pressure on the other side to come to the table. Conversely, an unprepared defendant is exposed to elevated reputational risk. Once a narrative has been established in the press, it can be challenging to dislodge or reshape.
While well-placed messaging delivered at the right time can materially shift perception of a litigation in a client’s favour, the opposite also holds true. When actor Scarlett Johansson sued Disney in 2021 in a Los Angeles court claiming breach of contract over the movie Black Widow, Disney’s first response drew heavy criticism for its tone, describing the actor as showing “callous disregard” for the circumstances during the Covid-19 pandemic and stating that the claim had “no merit whatsoever”. The response was widely deemed a misjudgment in tone which helped to frame the actress as a figurehead in on-going battles between film industry employees and studios over Hollywood contracts. The case was settled only two months after being filed, with Disney then engaging in a proactive public campaign to rebuild the relationship with Johansson.
Litigation narratives and the perception of each party’s place in a dispute are set from the very first piece of coverage and public statement, and failure to prepare can materially impact upon likelihood of success.
How the changing media landscape grants a first mover advantage
Developments in the media landscape have raised the stakes in some of the largest lawsuits, and highlighted the importance of effective litigation PR. With 24/7 news coverage across traditional and non-traditional media both inside the U.S. and internationally, there is a real first-mover advantage in setting the narrative early.
Unlike many other jurisdictions, public availability of documents via PACER provides rapid and easy access to key filings in federal cases, allowing detailed scrutiny of all aspects of a claim. As highlighted, ensuring that public narrative is closely aligned with legal strategy is therefore vital to avoid discrepancies occurring and trust being damaged. This impact is especially acute in the U.S. because federal filings are broadly accessible through PACER (the public electronic database for U.S. federal court records), and there is therefore now a more unpredictable and fast moving public record around litigation.
Typically, legal journalists monitor these databases and new filings can be pulled, quoted, clipped and reframed within minutes. Traditional media remains a major factor in developing public narratives, particularly in complex disputes. Crucially, however, it is no longer the sole path by which information reaches the public. News influencers and commentators on social media play a growing role in shaping early interpretation, creating a volatile environment.
The rise of LLMs like ChatGPT and Claude is further ensuring that negative coverage is more easily accessible and for far longer. How LLMs provide results to searchers means that information - whether accurate or not - has never been more easily retrievable. Public narratives now form and solidify with remarkable speed. Setting a narrative, and seeking the amendment or removal of inaccurate content where appropriate, is critical in ensuring that a client’s narrative embeds within LLMs.
Another aspect that is also often overlooked, and now more pertinent than ever given the rise of AI, is how law firms approach drafting. Filings are legal documents, not press releases. But in public-facing litigation, lawyers should always assume that key phrases will be quoted outside court. If the legal team does not make the central issue clear, others will do it for them, often less accurately, which paves the way for muddled narratives to develop. By contrast, a well-phrased line or two can become a central pillar of coverage, even influencing headlines.
With just 0.8% of civil dispositions in New York State going to a bench trial and only 1.15% going to a jury trial, according to research by Duke Law School, strong press engagement with a case in favour of one party can materially shift considerations around an early resolution for the case. Alongside the careful drafting of legal documents, public statements by a litigant can also help to deliver a condensed perspective of a lawsuit that focuses on key hooks and targets particular narratives for stakeholders that matter.
Litigation PR as a deciding factor in class and collective actions
Class actions, collective actions, and mass tort claims, perhaps provide the clearest examples of effective litigation PR around the filing of a claim. In these cases, publicity can often make or break the case for both sides, though in different ways for different types of action. For plaintiff-side firms seeking to succeed in a more competitive and disciplined funding market, ensuring that a viable case can be brought to generate profitability for a funder depends on building a core message that appeals to sufficient numbers of plaintiffs, or sufficiently impacts the reputation of the defendant.
This is especially true in the current legislative climate around class and collective actions, particularly Rule 23 claims, where funding arrangements are becoming subject to increasing scrutiny. February 2026, for instance, saw the introduction of the Litigation Funding Transparency Act to Congress, seeking to require mandatory disclosure of investors who fund lawsuits or benefit from payments contingent on their outcome. This trend coincides with a substantially growing number of class actions, with consumer protection class action filings alone increasing in number by 50% in 2025 compared to 2024 according to LexisNexis.
For mass tort claims, too, messaging must therefore be delivered tightly and effectively to the target audiences, be those potential claimants, stakeholders of the defendant, or otherwise, and maintain the required momentum to ensure that mass tort claim is a viable case. On the other hand, for defendants a powerful but tactful early statement can assist in limiting filings of claims, and can help to slow momentum around an action altogether. Doing so successfully has substantial cost benefits, pushing lawsuits towards a favourable settlement or forcing claims to be dropped entirely as a result of reduced stakeholder appetite. The same is true for collective actions, such as under the Employment Act or Fair Labor Standards Act, that require plaintiffs to file consents to join the action.
For example, in 2011 Taco Bell was faced with a Rule 23 class action from an Alabama law firm over claims regarding whether some products sold by the fast food chain could be accurately marketed as “beef”. The company responded aggressively, launching a large-scale advertising campaign across national print media and broadcast to highlight the high beef content in its products. Following the robust response from Taco Bell, the claim was withdrawn without a settlement payment.
The response is an excellent example to illustrate the tangible benefits of establishing a communications strategy at the outset of a claim for defendants, where the business sought to leverage new litigation to boost product marketing and give an early show of strength that forced the plaintiff firm to drop their case. With Norton Rose Fulbright’s 2025 Litigation Trends Survey showing that average litigation spending for large companies climbed to $4.3 million in 2024, the ability to shape public opinion around a claim filing is vital for defendants facing lengthy, complex cases.
Taking the initiative to control the narrative can be the key to success in litigation
Litigation continues to become more complex, international, and public. In today’s dynamic and cutthroat disputes environment in the U.S. and globally, effective communications around a legal case can substantially boost the chances of success regardless of whether you are plaintiff or defendant. Where information flows are instant and where public records of statements persist indefinitely, there is substantial first mover advantage for parties that seize the initiative. For both plaintiffs looking to build a case, or defendants looking to shut one down, establishing a favourable media narrative from the outset can be the driving force to tip the scales in your favor.
Authors –
Nick Connor
Nick is a Managing Associate in the Litigation PR team at Maltin PR. A lawyer by training, he advises clients globally on managing reputational challenges arising from disputes and crises. His clients include major US-based technology, manufacturing and consulting companies, alongside leading businesspeople.
Barnaby Scudds
Barnaby works across the Litigation PR and Reputation Management teams at Maltin PR. He advises both multinational corporates and private clients, handling sensitive reputational issues resulting from disputes, and has organised and run multiple press conferences and campaigns reported on globally.