Know WHAT to say, WHEN to say it and WHO to say it to!

Don't create a plan -- build a playbook, complete with ...

  • Key messages; 
  • Media List;
  • List of influencers/social state and federal; and,
  • Key events.

You marketing playbook should be a living document, where the pages get ripped because you are flipping though with regularity. Each day, each week, month, quarter and year you should have something to do, or today - a Tweet. 

In communicating with others it is important to define the audience and establish objectives in creating a communications plan. That way you communicate with purpose and achieve the results you are expecting. 

Campaigns should be about educating candidates about you.

Identifying, assessing, prioritizing and responding to the opportunities and risks that the public policy environment throws at an organization is vital to an organization’s success. An organization's response to the regulatory, legislative and political challenges may include seeking to influence that change through a strategic communications plan, the media and through strategic partnerships and engagement.

 With the primary over, it is important to work pro-actively to build strategic yet meaningful relationships with key stakeholders and develop the strategies to influence public opinion and the opinions of government leaders during the next legislative session.

Elections are about change. And change is at the core an effective public affairs strategy. Public affairs professionals help companies and individuals guide the changing landscape of politics, personalities and policy. What will a new legislature or administration mean for your business?  Or a new congress or even a new committee chair?

As we know focus on the general election, take advantage of the campaign to educate the candidates about your business. Invite them in to your factory for a tour, have them meet your members and work pro-actively to develop strategic and meaningful relationships.

The Public Relations Audit

Before you start implementing a strategy you should take an inventor of your marketing assets. This public relations audit evaluates current practices and matches them up with best practices. It will then suggest areas, based on your business objective, as to where to improve.

From this audit, a plan will develop, complete with brand values, an elevator speech, key words and key messages.

WHEN REFERENDUMS FAIL

Today, a group of citizens or powerful special interests can derail a wind farm from getting set up in Lake Michigan, a company from drilling in their backyard or even a financial manager from stepping in to improve their community.

Legislators should be problem solvers, facilitators and conveners of issues vital to their state. Yet in Detroit and throughout the State of Michigan, we still cannot accomplish enough to move the state forward. Perhaps it is a result of term-limits or maybe the changing politics in the State.

Policymakers can avoid making difficult decisions on controversial issues by creating a process by which public policy disputes can be resolved.  Through a facilitated consensual process, issues such as consent agreements, transit, new infrastructure projects, transit and councils-by-district can be avoided and we can all move on to other issues to help our city, state and nation move forward.

If we just talk earlier and learned about the real issues underlying the bigger ones, than perhaps today, we would be talking more about baseball or going to the lake, instead about a bridge, minimum wage, casinos, wolves, debt ceilings or transit. It is time we all work together to help Michigan Move Forward and find a better way at resolving  public policy disputes. 

THE WAY FORWARD

 

To Move Michigan Forward, we must first create a vision that a majority of stakeholders can agree on. This vision will help everyone focus on the core issues and when they stray toward politics, we can bring them back to the issue. This is the process by which we can start stakeholder engagement.

At each step of the way, we will identify quick wins or mutual gains for each stakeholder, to build trust and let them know we are all in this fight together. And at each step, we share information to help each of us make informed decisions. If it is not something we can agree on, then we should move to the next issue and focus on those issues that we can agree on.

The use of ADR processes by the courts and federal government has been widely celebrated as a more efficient and cost effective method of conflict resolution. Mediation is a voluntary, confidential process in which a trained, impartial mediator helps people examine their mutual problems, identify and consider options and carefully consider possible resolutions. A mediator has the experience to bring disputing parties together and help them draw out a successful resolution while preventing an impasse during the negotiations, or otherwise prevent the discussions from breaking down. Unlike a judge or arbitrator, a mediator does not make the decisions nor do they offer solutions. They help separate the politics from the process, help the parties find a common ground, build trust and identify potential solutions to agree on. 

Public policy dispute resolution focuses on the resolution of issues affecting the public, such as: Transportation; land use, special education, election districts and healthcare.  With public policy disputes, the issues tend to be a bit more polarizing, emotional and there are often a number of stakeholders from the community, including non-profits and business groups, and governments at a local, state and federal level.

Whether it is a public policy dispute or a dispute between neighbors, the goal of public any dispute resolution is to save money, preserve relationships and take control over the decisions. When it involves a public policy dispute, it is helpful and most effective if it creates the opportunity for all voices to be heard. It is a process being used in the planning process of multiple projects, including economic development projects in Austin, Texas and Salt Lake City Utah. 

In any mediation, the first step in the mediation process is to get both parties to agree to use a mediator. That is actually the first agreement both parties make together and we are on the way to developing trust and building a relationship.

While many states have dispute resolution clauses in key legislation or dispute resolution centers at universities, the State of Michigan does not. The ADR Section to the State Bar of Michigan, continues to talk with universities about creating a "Center for Public Policy Dispute Resolution Services," and continues to talk with legislators.  However, since no university has yet to step forward in creating such a center, in part due to funding, The ADR Section is trying to show by example, the benefits of ADR.

Today’s political reality is that politics is by nature partisan and partisan politics has now overtaken the capitol. In addition, people and business are demanding a greater role in the policy making process so more voices are competing to make public policy that benefits or protects them. 

After Tuesday’s election, it is time our elected leaders push politics aside and focus on the big picture of helping Michigan Move Forward.

What Detroit Can Learn from an Alaskan Viaduct

 

Seattle, Wash, was struggling for years in figuring out how to replace The Alaskan Way Viaduct, a piece of aging infrastructure that stood as a barrier between Seattle’s downtown and its waterfront.

On one side you had environmental advocates that favored a solution focused on mass transit and bikes over more roadways.  The business community favored access and city leaders wanted to leverage the city’s waterfront to revitalize the city. And taxpayer groups wanted something that was low cost. 

As a result, a tunnel, elevated highway or retrofit of existing structures were not viable solutions.  A referendum failed and still after 10+ years of dialogue and debate, a consensus could not be reached.

City leaders turned to professional facilitators to help reach a consensus. The facilitators stepped in and secured a commitment from all those involved that they would negotiate a consensus agreement. They reframed the issue, considered the region’s needs and reviewed an independent technical analysis of potential solutions. In addition, an advisory group of stakeholders was forced to provide input into the process to assist those at the negotiating table.

It is time Detroit’s regional leaders come back to the table and negotiate a consensus agreement as it relates to the DWSD and help the region move forward onto additional issues that impact the region as a whole.

Today, Seattle is a vibrant community. It is not just a city. Those in Seattle have adopted a certain lifestyle, created in part by removing the barriers linking a downtown to its waterfront and creating a bridge between vital stakeholders who had the power to act and help the city move forward. 

And now that viaduct, is just "water under the bridge."

 

The way forward is by working together.

In Washington, Congress continues to find ways to avoid substantive issues such as immigration, transportation, poverty, education, serious tax reform and environmental regulation, among many others. In Michigan, there also are a number of unfinished issues that remain on the table, while the legislature is on summer recess for the election. In fact, in Michigan, we have a number of proposals on next month’s ballot that could have been resolved through facilitated discussion rather than expensive campaigns.   

In Lansing and Detroit we are still discussing bridges and transit. In fact, in 1976, President Gerald Ford offered funds to build a rail transit system in southeast Michigan. Instead, we just got the People Mover and in 2014, we are finally seeing progress with the M1 Rail construction now under way. 

However, despite the progress on regional transportation, our government leaders continue to struggle in finding their way forward and their failure to make difficult decisions by compromising.

Some would call it an impasse while others just chalk it up to politics. However, these are issues that can be resolved, and resolved in a way that preserves the relationships, maintains the political differences and helps move the agenda forward collectively. 

It is time we put politics aside - even in an election year. It is time voters demand our politicians to focus and do what is in the best interest of all those affected. Work to find resolution through chaos. Respect each other for taking a position and move on to find where you can each work together. 

 

DISCUSSION ON EARLY WARNING BEGINS

The Michigan Legislature recently considered legislation concerning "distressed schools" and creating a process to establish an "early warning system," to avoid state intervention due to financial stress.

Currently there are  48 distressed schools or districts at risk of financial disstress in Michigan. Some districts have a short-term hiccup, while others face long-term issues, such as continued declining enrollments and increased labor costs.  According to Gongwer, the multi-bill package proscribes measures for financially distressed school districts—with advocates noting—doubles the maximum amount the Emergency Financial Assistance Loan Board is authorized to lend troubled districts, revises the loan’s eligibility criteria, eliminates restrictions on the Board’s ability to restructure existing loan repayment programs and removes limitations on the amount of surplus funds that can be loaned to municipalities and school districts over the next six fiscal years.

A number of school officials are opposed to the legislation, arguing that some of the measures’ reporting requirements and criteria are burdensome and possibly redundant, and would actually add to the district’s financial woes.  However, those same school officials should work with a facilitator to engage stakeholders in defining the problem and working in advance of the state stepping in to identify and implement realistic solutions.

By being proactive and engaging your community early on, you can avoid difficult situations down the road. However, acknowledging the problem and engaging others in the solution is a difficult process, one that can be helped by brining in a neutral to guide the discussion and help extract solutions.  

Polarization: It's Everywhere

 

Yesterday I heard a state legislature tell me that the best place to train for legislative leadership is in the minority. After spending a few years as a Democrat in a Republican House of Representatives, this person when on to become the Majority Leader when the Democrats gained control. 

Politics is cyclical. Those in the minority may soon have control of either or both chambers. Yet, according to an article in The New York Times, Polarization: It's Everywhere. According to the article and a new study from Pew Research, Republicans in Congress don't trust Democrats (and the feeling on the other side is mutual) and the voters certainly don't think very highly of those that we put in office. 

When we don't trust each other we don't work well together, but in creating sound public policy we need that trust. To help restore the ability to work together, to accomplish a common goal or mission, I propose the creation of a Center for Public Policy Dispute Resolution. They exist in states such as Washington and Oregon and in city's like Salt Lake City, but we need to bring these models to other centers of power where politics trumps policy and progress.

There will always be politics and opposing views and debates on issues -- that is healthy, but what Oregon Solutions or Salt Lake Solutions provides is "process".

To formalize and sustain this process, I propose creating an office similar to Oregon Solutions, which provides a system and process for problem solving, using collaborative governance as a method of public decision-making in which government leaders involve stakeholders from many areas of society, including community members, businesses, other government agencies and non-profit organizations in making decisions that affect how people are governed or how public resources are used.

Oftentimes issues are brought to the Governor’s attention through Regional Solutions Centers (RSCs), which are places for state agencies to collaborate with each other and among key stakeholders.  

When an issue seems intractable, Oregon Solutions calls on Oregon Consensus to mediate and resolve conflict.  Oregon Consensus focuses its work on issues regarding the environment, economic development, transportation and public health.

Both Oregon Solutions and Oregon Consensus are not government entities, but they are affiliated with Portland State University. The Oregon Legislature continues to fund this program ($1.2M). Washington also has a similar system. 

Similarly, at a city level, Salt Lake Solutions is jointly funded by the City Council and the Mayor and is part of the city government. It is charged with the task of solving community problems by cultivating inclusive collaborations of public and private support. Ralph Becker, the Mayor of Salt Lake City, took that same model and created Salt Lake City Solutions, an office, in the city’s planning department, that is dedicated to community engagement and facilitation. 

These organizations provide a system and process for problem solving, using community governance. This includes:

  • Assess situations and bring the right people to the table to discuss them.
  • Design and facilitate meetings to make sure all viewpoints are considered.
  • Help groups sort through information to support sound decisions.
  • Help groups convey their recommendations or agreements in writing.

It takes the burden off the elected officials to drive politically charged issues to a neutral organization that can create the process to resolve them.

Each issue comes to the organization’s attention after the Mayor, Council or Governor defines a problem that needs to be solved. The Mayor/Governor designates an impartial convener to bring people together and develop an assessment of the proposed project. If the issue meets the criteria for resolution, a neutral or convener is selected to manage and help resolve the project through facilitated meetings.

If we can agree to disagree than let's work together to at least build a process to help resolve our differences. 

 

Government works when governments work together

Facilitating an urban transit strategy in Washtenaw County, Mich. 

Issue: Expanding county-wide transit options

Client: The Ann Arbor Transportation Authority (AATA)

Background. 

Ann Arbor, Mich. is a growing community.  With The University of Michigan serving as the anchor, the city has seen an increase in jobs centered-around R&D, manufacturing, start-ups and technology. The growth in the job market has led to an increase in new construction, not just in the city but also in the communities surrounding Ann Arbor.

With a strong transit system in Ann Arbor, expanding transportation options beyond the city has been an issue community leaders have been talking about for years. For the past three years (since 2010), since the creation of a 30-year Transit Master Plan for Washtenaw County, there has been an organized effort to reach out and engage the public, community leaders, and elected officials on the future of transit in Washtenaw County, culminating in an attempt to establish a countywide transit effort, which finally unraveled in the fall of 2012, after the City of Ann Arbor opted out of the countywide authority.

At the same time, the Ann Arbor City Council urged the AAATA to focus its planning efforts on the ‘urban coreof Washtenaw County, that is, those communities where population density is highest and transit needs are the greatest. In response, the AAATA has developed a Five Year Transit Improvement Program for the Urban Core group of communities - City of Ann Arbor, City of Ypsilanti, Ypsilanti Township, Pittsfield Township, and the City of Saline – and again gained a general consensus among those communities on the level and nature of services to be provided.

To facilitate the planning process, an Urban Core Working Group was formed, composed of local elected officials from the involved jurisdictions along with other interested communities leaders from the Village of Dexter, Ann Arbor Township, Superior Township and Scio Township. The group met in March, April and June of 2013 and January of 2014 to help develop the Service Plan, Governance Structure and Funding Proposal, respectively. Each meeting was preceded by the preparation of briefing documents describing options for the Working Group to consider.

Facilitation

The AATA engaged attorneys Daniel Cherrin and Brian Pappas to preside over the meetings and make sure all participants had a chance to be heard. Cherrin and Pappas also helped drive the discussion to a closure, so that each meeting ended with a rough consensus on the topic being discussed.

Discussions first centered on the transit needs and expectations of the involved communities.  The process was designed to ensure the AATA board and local elected officials worked together around a common vision for transportation in the county.

Once consensus was reached on the transportation needs of the community, Cherrin and Pappas began to focus the groups attention to more contentious issues involving funding, governance and service.

A model was agreed upon and The Ann Arbor Area Transportation Authority (AAATA) placed a millage referendum on the ballot to enable the funding of services described in the Five-Year Transit Improvement Program (FYTIP), as passed by the AAATA Board on January 16, 2014, which was approved in May 2014.  

 Voters overwhelmingly approved a new 0.7-mill transit tax approved by 71.4 percent of those voting.  Not only did the proposal have overwhelming overall approval, it had widespread support. The measure won in 54 of 56 precincts.  Tuesday's election marked the first time in the AAATA's history that voters were asked to approve extra funding for public transit services beyond the annual financial support provided through the city charters in Ann Arbor and Ypsilanti.

 As a result of the facilitated discussions, listening to public input and analyzing specific suggestions, the AATA:

Developed a 5-Year Transit Improvement Program (5YTIP) for the Urban Core of Washtenaw County.

The City of Ypsilanti (August 15, 2013) and Ypsilanti Township (December 17, 2013) joined the AATA, creating The Ann Arbor Area Transportation Authority (AAATA)

The ride board adopted a five-year transit improvement program that was based on a proposed program presented to the working group in March 2013 and refined through community feedback on Jan 16 2014.

A new funding model for expanded service and hours for a new urban core transit plan was approved by the voters in May 2014.

Changes to TheRide Governance Structure – MGF or Board member

A 5-Year Transit Improvement Program was adopted by TheRide Board.

QUOTES

“This plan really was a culmination of four and a half years of going out and talking to people, hearing what they wanted," Michael Ford, AATA CEO said. "We took a lot of time going through many areas that we had never been before, just talking to people about their needs and what their vision was for the future. I think this plan really starts to address that."

 "I think it's a game-changer," Ypsilanti Township Supervisor Brenda Stumbo said, noting a lot of people commute from the Ypsilanti area to work in Ann Arbor, especially at the University of Michigan. "It's going to provide access," she said of the service expansion. "And it'll probably continue to grow and expand in the future."

"This was probably the single most important action we could take to further the interests of our region," Ann Arbor Mayor John Hieftje said. "I'm hoping the AAATA will continue to grow and Pittsfield Township would naturally be the next group to come in."

“The process allowed each mayor, township supervisor and city council member to come to the table from their own vantage point and participate in a discussion that is productive, leading to solutions in an area that this community has been talking about for decades without resolution.” – Mandy Grewal, Pittsfield Township Supervisor, January 2014

“The meetings were facilitated by Daniel Cherrin and Brian Pappus, who were working as dispute resolution volunteers (an odd note, since this was not exactly a dispute). They brought a fresh approach to the process, as they had no particular knowledge of transit and had not been associated with the long earlier process.” Ann Arbor, blogger, @localinannarborhttp://localinannarbor.com/2013/10/19/once-again-aaata-exceeds-its-reach/

“Had they been able to get to this point without our help?  Honestly, I don't think so. As much as these meetings ran themself, we provided an independent voice to help steer the discussion. But behind the scenes we also served as couches or counselors to the AATA to help move them forward with the process,” Brian Pappas. 

TESTIMONIALS

Thank you for making a very important contribution to the whole process.  Your steady facilitation of those Urban Core Working Group meetings moved us positively through a very sensitive time.  Outcomes could have been quite different without your involvement. – Michael Benham, AAATA, May 8, 2014

Dear Daniel and Brian:

Please accept our sincere thanks for the facilitation services you have provided to our Urban Core Transit Working Group.  The work you did with staff in preparation for those meetings, including review of prepared materials, was extremely helpful in setting the stage for each meeting.  Your facilitation of the meetings themselves, helped ensure that we got through the materials, and that everyone was heard.

As you know, gaining consensus on the Urban Core Transit Plan has been a complex and painstaking process.  We believe that your help was invaluable in achieving this consensus and setting the stage for our next steps toward achieving improved regional transit. 

As you consider future opportunities to provide your alternative dispute resolution services to other organizations, please know that we will be happy to speak highly of the value of your work. 

Sincerely,
Michael Ford, AATA, CEO
8/15/2013

Timeline

Voters reject county wide transit plan – 2012

Ann Arbor directs AATA to come up with a better plan – 2012

AATA announces Urban Core initiative, November 2012

}Discussions begin about facilitation – December 2012

First session convening government stakeholders – March 28, 2013 with additional meetings held on: April 23, 2013; June 27, 2013; November 2013.

Final session to discuss results and gain feedback for taking the issue before the voters – January 2014

Issue to be put on May 2014 ballot for voters to decide.

Voters approve millage. May 2014

 

Building Capital in Developing Relationships

Attending trade shows and conferences can be a tedious process. For many people, it takes us away from our families, sometimes for a week or more. While our children may think we are traveling to exotic locations, these events translate into long hours walking and talking. While some use it to sell a product or service, these events should be more about developing strategic relationships.

In attending conferences:

  • Know who you want to talk to
  • Know what you want to say
  • Be flexible and don't worry if you don't meet those that you had on your list.
  • Follow up -- Write a personal note to every business card your receive, follow up with a phone call, recall your conversation and suggesting next steps
  • Now make the hard sale
  • Close the deal

Conferences provide an opportunity to expand your network face-to-face and before you start to sell something, it is important to have or to make a connection so then you can develop the trust and later the business.

After all, we all know why we attend these events, to learn about best practices, to spy on the competition and to get in front of the buyers. However, I personally get turned off from those trying to make the "hard sale." I get it you have something you think I can use or need but you should first take the time to see if it is even relevant to what I do or to whom I represent. But first take the time to know me and I will take the time to know you. If I can't use your product or service perhaps I know someone who does, but if you go straight to the sale. Let's be friends first and build the capital in developing relationships that are mutually beneficial. 

Strategic Relationships

If there is anything we can learn from the recent crises facing General Motors (GM), the Veteran's Administration (VA), Donald Sterling and the Los Angeles Clippers, The New York Times, Target and other companies and individuals facing their own high stakes crises is that it is important to talk to each other. 

As children, we learn that if we lie we will get caught, if we cheat we are only cheating our selves. So as business leaders, it is important to follow the rules and play by the rules. To engage your employees and the communities in which you do business.  Work hard at developing working relationships, not just in the board room, but on the court or course.  Make friends now so that if a crisis ensues, you will be prepared to respond and others will come at your defense. But most importantly work to minimize the risk of any crises by devoting the resources in developing strategic relationships. 

Trial by media

When the stakes are high in litigation – use the media to win your case

In law, public opinion matters so turn those key messages into a winning litigation strategy -- Lawyers are prevented from using the media as a tool to influence a judge or jury.  But litigation is a threat not only to a corporation’s bottom line but also to its reputation.  Winning in the court of public opinion can often times be more important than winning legal battles. In approaching litigation of high profile cases, lawyers should look at the big picture and beyond the facts and case law in representing clients.  Lawyers should counsel their clients to conduct a thorough assessment of the potential impact litigation will have on the company’s image, reputation, customer relations, investor relations and future business of that particular company.

Through a strategic and targeted communications plan, a company can protect its image, avoid any investor drop-off and continue to keep its customers.   As a result, a comprehensive legal strategy should also include a strategic communications campaign (find legal word for campaign) that works on a parallel track to litigation. While lawyers are preparing for trial, your pr counsel can manage the public environment surrounding the legal action. A strategic communications campaign can also help avoid litigation in the first place and become a holistic approach to avoiding litigation.  Through an on-going litigation strategy key stakeholders will have all the information they need to make informed decisions.

Quick tips:

  • Set the tone immediately you get wind of something
  • Conduct a vulnerability assessment
  • Communicate with employees and other key figures
  • Develop key messages and engage the media
  • Line up supporters and maintain momentum

Dispute Resolution for Alternative Energy Projects

To minimize costly disputes at the local community level, in 2011, the Bureau of Energy Systems began to work with the Community Dispute Resolution Program in Michigan to provide communities with contact information for individuals with specific expertise in wind-related Community Dispute Resolution, as well as information on the Community Dispute Resolution Program (CDRP) program.  In many jurisdictions throughout Michigan, courts are making citizens aware of the availability of mediation as an alternative to litigating many types of disputes.  

Community Dispute Resolution

 

Community Dispute Resolution is a voluntary process in which two or more parties meet with a trained neutral mediator and together find a resolution to their problem. Mediators have no decision-making authority, and they do not render case evaluations as in the MCR 2.403 case evaluation process.  Instead, mediators are trained to assist the parties in generating options that result in a mutually acceptable resolution of their conflict. 

 

The Alternative Dispute Resolution (ADR) Section of the Michigan State Bar houses a number of mediators who have mediated gas/oil, land use, and various additional "siting" type issues, including wind farm issues.  Other trained individuals work in government, private industry, the non-profit sector and academia.  Some individuals have training specifically related to Wind Energy.  Michigan also has a network of Community Dispute Resolution Program (CDRP) centers that offer mediation.  The centers, supported in part with funding from the Michigan Supreme Court, are available to provide mediation in a wide variety of dispute types.  (See: http://courts.michigan.gov/scao/dispute/ for information on Community Dispute Resolution program). 

Local Community Wind Projects and Community Dispute Resolution 

Many local municipalities are incorporating a provision for wind-specific dispute resolution processes in both their Planning Process and Local Zoning Ordinances that covers the planning, implementation, and operation stages of local wind farms. In the interest of minimizing the number of post-construction complaints, the Local municipalities may also wish to consider some preventive measures that might reduce the need for formal dispute resolution processes or litigation.  For example, provisions might address requiring wind companies to include good-neighbor payments to non-participants who are located within a pre-determined distance of a utility-scale wind turbine.  Another consideration for municipalities that wish to minimize disputes may be to limit wind energy projects only to areas of low residential density.  Overlay districts may be useful in encouraging the siting of wind turbines in certain areas, in addition to encouraging continued use of those areas for agricultural purposes. In more industrialized areas, wind energy overlay districts could be identified to encourage placement of wind turbines in areas zoned as industrial.

Finally, the Bureau of Energy Services has identified the following individuals as having specific expertise in wind-related community dispute resolution and wind energy:   

Dan Cherrin, (313) 300-0932, dcherrin@northcoaststrategies.com.

David Bidwell, (336) 416 1644, bidwell2@msu.edu

John Sarver, (517) 290-8602, johnsarver3@gmail.com 

Richard J. Figura, (231) 326-2072, rfigura@sfplaw.com. 

 

For more information about the BES Community Dispute Resolution, visit www.michigan.gov

*Reprinted from State of Michigan Website

We walk for you - We walk to cure MS

Each spring, my children look forward to going to Comerica Park....No, not to watch the Detroit Tigers play, although that comes later in the year. They come to Comerica Park to walk in honor of their mom and thousands of other moms living with Multiple Sclerosis (#MS).

On April 16, 2007, my wife was diagnosed with MS – it is a day that we choose not to celebrate, but a day to honor the amazing person she is -- And she is truly amazing.

MS is a potentially debilitating disease in which your body's immune system eats away at the protective sheath (myelin) that covers your nerves. Damage to myelin causes interference in the communication between your brain, spinal cord and other areas of your body. This condition may result in deterioration of the nerves themselves, a process that's not reversible – for now.

Although there is no cure (for now), if you catch it early enough and find the right treatment, you can work diligently to prevent any further damage.  There is truly amazing research going on right now and right here in #Detroit (at Wayne State University, Henry Ford Health System and the University of Michigan) to find a cure or the right mix of treatments. 

This year, we are walking not just to honor my wife and mother of our three children, but to honor the thousands of other men, women and children who have MS, but are not ready to tell the world. This year we walk for you and we hope that you will participate in The #MSWalk on April 27, 2014, if not directly, by walking with us, than by making a contribution to The MS Society (TEAM MTC).

We will be gathering in front of the tiger outside Comerica Park at 9:30 a m. before the walk starts at 9:45.

We know that you each have your own cause to support. But today, Fighting MS and Finding a Cure for MS is our cause. It is our family’s goal to support my wife and for our children to know how wonderful their mom is and how important it is to step in and step up to raise money for important causes – Like this one.

I want to encourage you to support us, to support my wife and to raise significant amounts of money to fund the research to find a cure.  In advance, thank you – we are forever grateful.

To make a contribution,  please visit: http://main.nationalmssociety.org/goto/Cherrin

Preserving attorney-client privilege in retaining PR counsel

Work product generated from a public relations agency may or may not be protected under attorney-client privilege.  Recently, a judge in New York (United States District Court for the Southern District of New York) ordered documents given to Calvin Klein's (CK) PR firm by CK's lawyers that contained information related to a lawsuit with a licensee.

The PR firm was retained to manage the media and manage the message during the litigation to protect the CK label from negative publicity surrounding the trademark litigation.

Despite this ruling, there are steps you can take to make sure you are protected.  Steps such as:

  • Have your legal counsel retain the firm
  • Have communications from your PR counsel directed to your legal counsel
  • Label all communications “Attorney-Client Privileged”
  • Retain a media savvy lawyer to assist in the messaging in and out of court.