Negotiations and Damage Control

An area that often demands discretion and heightened sensitivity, negotiations and damage control matters can range from an embarrassing employment issue that threatens internal morale and external branding to a bitter custody battle that could sink a promising career. When the fallout from a case filing – or discovery and trial – has the potential to damage individuals or businesses, McManis Faulkner’s ability to work behind the scenes to achieve swift resolution is unmatchable.

Our skilled negotiators clearly see the big picture in highly delicate and complex matters, often before they reach the press or public court dockets. This ability has saved millions in reputation equity, shareholder value and litigation expense. Emotionally charged and deep-seated disputes are diffused and professionally detrimental or personally embarrassing situations are managed quietly, often before word gets out.


Case Studies

Negotiations and Damage Control Case Studies

An Executive's Smooth Exit

Result:
In just one month and through tough negotiations, McManis Faulkner provoked a settlement involving a high-level executive at a large public entity who had become the target of political pressure within the organization.

Client:
High Level Executive at a Large Public Entity

Overview:

When regulatory and operating pressures created change within a large public entity, a single, high-level executive became the target of paralyzing political pressure, creating a hostile work environment, making forward movement impossible and destroying organizational morale. Working with the executive, select members of the management team and in-house counsel, McManis Faulkner’s keen situational analysis identified potential litigation fall out beyond those involved and leading to negative consequences.




Executive Harassment

Result:
McManis Faulkner facilitated a swift end to a disgruntled former employee’s harassment directed at two executives.

Client:
Silicon Valley Financial Executives

Overview:

Two Silicon Valley financial executives were faced with damaging threats to their reputations from a disgruntled former employee. By cutting through fear and posturing amongst the involved parties, McManis Faulkner was able to put an end to the harassment.




Full Corporate Restitution

Result:
After assisting with an investigation involving an internal embezzlement scheme within a public company, McManis Faulkner was able to target the leader of the scheme and negotiate a settlement which included a signed confession filed with the District Attorney’s office, as well as full restitution and payment of related attorney’s fees.

Client:
Public Company

Overview:

A public company identified an accounting abnormality that turned out to be an internal embezzlement scheme. McManis Faulkner was called in to assist with the investigation. The scope of the scheme and employees involved were identified through a series of low-key, non-disruptive interviews.




Another Smooth Executive Exit

Result:
On behalf of a veteran executive of a publicly traded, international company, McManis Faulkner negotiated a settlement that included a graceful exit, severance package and confidentiality agreement. The company avoided a public relations spectacle and potential whistleblower lawsuit.

Client:
Veteran Executive of a Publicly Traded, International Company

Overview:

When a publicly traded, international company targeted a veteran executive to take the fall for an error with the potential to impact its stock price, the executive, fearing for her professional reputation, turned to McManis Faulkner. The firm was able to diffuse what had become a toxic situation and worked with the company’s lawyers to negotiate a settlement that was favorable to the executive.