Here are the facts: A lawyer preparing major claims that seek punitive damages against a large, deep-pocketed company decides to orchestrate a truthful social media and public relations campaign that will portray the company and its management as dishonest and uncaring, the type of corporate leaders who need to be “taught a lesson” at trial. The campaign will not discuss the specific facts of the case. The campaign and will be completed — all new content will be released — before the lawsuit is filed and, thus, at least a year before trial. But the videos, tweets, blog posts and other attacks would likely remain on the Internet through trial — and indefinitely.
The question: Can the corporate defendant receive protection from such a targeted negative publicity campaign, either from the trial court or disciplinary authorities?
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