Corporate defendants settle when the cost of not settling exceeds the cost of settling. That calculation is not purely legal. It is financial, reputational, regulatory, and political. FTI manages investor communications to prevent financial pressure. Sitrick manages the public record to prevent reputational pressure. The plaintiff bar rarely deploys communications to make that calculation move.
In the Johns Hopkins settlement, VIS executed a coordinated press campaign timed to the settlement announcement. The campaign reached the defendant’s board, its institutional investors, its major donors, and its accreditation bodies simultaneously. One million impressions in a single day. The $190M figure was the largest settlement of its kind. The communications campaign made not settling more expensive than settling.
VIS builds and executes the communications campaign that changes the settlement calculus. Media placements that reach the audiences the defendant answers to. Investor-facing communications delivered directly to financial journalists. Monitoring of institutional investor filings for case-related disclosures. Regulatory attention that creates parallel pressure.