EKA partner Eric Rose provided analysis to this TheHill.com piece focused on the future of CNN in the post-Zucker era:

Some observers say WarnerMedia’s decision to push Zucker out could be part of a larger effort to rebrand the company as less tolerant of transgressions and improper behavior, even for high-profile figures, ahead of its impending merger with media conglomerate Discovery.

“The new owner John Malone has signaled a new hardened news focus, so removing Zucker makes the makeover that was planned for CNN easier with him out of the mix,” said Eric Rose, a crisis communications expert based in Los Angeles. “There might be internal strife at CNN and it might be a pivotal moment … but at the same time they’re signaling their new way of doing business.”

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EKA partner Eric Rose was quoted in a recent LA Times article on an incident at SoFi Stadium during the Rams-49ers NFC Championship playoff game:

Eric Rose, a public relations executive and well-known crisis manager in Southern California, said he was giving the Rams and stadium officials the “benefit of the doubt” because they may not have had all the facts, but “what they do going forward is going to decide their reputation in the community.”

So far, the response has not been robust.

In a statement provided to The Times, SoFi Stadium officials said they were “aware and saddened by the incident.”

“Our thoughts are with Mr. Luna’s friends and family during this difficult time. We are working with law enforcement officials in their investigation,” stadium representatives said.

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EKA partner Eric Rose was quoted in a recent article about Chris Cuomo:

“It’s extremely ironic that a professional like Chris Cuomo who has covered a number of crises and was attempting to help his brother with a crisis, has in fact created a crisis for his network,” said Eric Rose, a crisis communications expert based in Los Angeles. “No matter what they [CNN] do, they’re going to upset a number of people. The fact that he misled CNN, that the evidence is now before them, requires them to take swift and immediate action. If for nothing else, so that the story can fade away and they can be moving on with their news operations.”

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Los Angeles, October 1, 2021 — EKA is excited to announce that Kellie Hawkins has become an equity partner in the firm and will run the Health, Social Services and Education practice.

Before joining EKA, Kellie held leadership roles in both the public and nonprofit sectors. These various experiences have shaped her into a thoughtful and trusted strategic partner for clients. Her background includes serving as the Chief Operating Officer for the National Health Foundation, managing the health and human services practice for an executive recruitment firm- The Hawkins Company, advising senior administration officials on national health IT investments and budget priorities during the Obama presidency and leading a Los Angeles city department under former Mayor Antonio Villaraigosa.

“We are delighted to have Kellie become a Partner with the firm. She has shown herself to be an exceptional advocate for clients and an asset to our firm since she joined EKA in 2017,” said Matt Knabe, Managing Partner at EKA. “Her knowledge, relationships, and good political instincts make her a natural choice to lead EKA’s Health, Social Services and Education practices. She is respected throughout Southern California by her clients and elected officials alike. Kellie brings solid judgment, issue expertise, and a strategic mindset to any situation.”

In addition to her professional career, Kellie is civically engaged and serves on the boards of Coro Southern California and Climate Resolve. Kellie has a degree from Howard University and received her master’s degree in public health from the University of Southern California. She was an American Marshall Memorial Fellow in 2013 and a graduate of CORO’s Health Leadership Program.

By Thom Weidlich and Eric Rose

Actor Scarlett Johansson’s lawsuit against the Walt Disney Company is turning out to be a blockbuster. Yet, the company’s response is eliciting mostly thumbs-down reviews and providing an example of bad litigation communication. To its credit, Disney responded promptly and publicly. On the down side, it may have failed to consider the narrative arc.

On July 30, Johansson sued Disney’s decision to release Black Widow not only in theaters but on the Disney+ streaming service. She is the film’s star and an executive producer.

Johansson says streaming the film simultaneously with its theatrical release has cost her millions. Also, she claims her contract stipulated a theatrical release only. Johansson was promised a portion of the box-office take, which is diminished since people can watch the film on Disney+, for $30 a pop. Some see Johansson’s suit as a bellwether in the rift between talent and management over streaming.

‘No Merit’

Unusually, Disney responded to the suit publicly.

“There is no merit whatsoever to this filing,” its statement said. “The lawsuit is especially sad and distressing in its callous disregard for the horrific and prolonged global effects of the COVID-19 pandemic. Disney has fully complied with Ms. Johansson’s contract and furthermore, the release of Black Widow on Disney+ with Premier Access has significantly enhanced her ability to earn additional compensation on top of the $20 million she has received to date.”

Two things stand out about Disney’s response.

1. Its invocation of the pandemic as a defense against a possible contract breach. This didn’t go over well.

“Disney’s response is obsoletely [sic] repulsive. Disney is using the pandemic to protect its greed,” a source in a Wall Street Journal article says.

In another Journal article, an opinion column, Holman W. Jenkins Jr. wrote, “If you weren’t on Ms. Johansson’s side before, you were now.”

2. Disney’s mention of Johansson’s $20 million alleged salary. That got attention from Johansson’s Hollywood agency, which felt compelled to release a statement.

“[Disney] included her salary in their press statement in an attempt to weaponize her success as an artist and businesswoman, as if that were something she should be ashamed of,” Creative Artists Agency (CAA) co-chair Bryan Lourd said in the statement.

‘Character Attack’

Some noted a whiff of sexism in Disney’s response. Women in Film, ReFrame Project and Time’s Up tweeted a joint statement decrying “this gendered character attack.”

The only substantive points Disney made were its contentions that streaming didn’t violate Johansson’s contract. In fact, it said, she will make more money because some who will avoid a theater during the pandemic might stream Black Widow at home.

A better tactic for Disney: Elaborate on these points rather than taking cheap shots about the pandemic and Johansson’s income.

PR Takeaways: Use Facts & Avoid Character Attacks 

There are many lessons from Disney’s fumbled attempt at a response.

Any decision, action or communication that looks like corporate interests are being put before the interests of those impacted will, rightly, receive heavy criticism. Instead of responding with ‘the lawsuit has no merit and we look forward to our day in court,’ Disney attempted to shift blame to a popular actress.

Instead of getting people to forget the issue, Disney damaged its reputation. Its statement paints it as a perfect example of a tone-deaf organization and one that does not understand the difference between the court of public opinion and the court of law.

It’s never a good idea to employ character assassination as a response to litigation when the person attacked has a positive public perception and charisma. While Disney’s response was immediate, which usually is good in crisis and litigation communication, the company completely ignored the obvious, predictable backlash.

In a brilliant PR/crisis move, Lourd seized the moment with his impassioned statement. It blasted Disney for attacking Johansson’s character.

“[Disney is] shamelessly and falsely accus[ing] Ms. Johansson of being insensitive to the global COVID pandemic, in an attempt to make her appear to be someone they and I know she isn’t.”

Thom Weidlich is managing director of PRCG Haggerty. Eric Rose is a partner at Englander Knabe & Allen.