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Broadcasting has long been the final frontier for many professional services firms. 

Highly coveted air time is notoriously difficult to secure — and there are a number of reasons for this. Producers have typically relied on a trusted network of experts who’ve demonstrated they can handle the pressure of a live interview. The need for guests to travel to a studio — or for the network to dispatch satellite equipment to another location — has historically made scheduling engagements complicated. Therefore, last-minute interview requests went to select experts who were close by and able to get to a studio or satellite location quickly.

But as with most aspects of life, the pandemic changed all that. 

Although most producers still prefer in-person appearances when possible, they’ve embraced the need to use remote guest appearances to prioritize safety and protect their networks from liability. And since interviewees have access to Zoom and other technology in their homes, it’s much easier to participate at a moment’s notice.  

These changes present new avenues for your firm to break into broadcast media. But if you want to seize this opportunity, it’s crucial that your firm’s leadership and other authorities take the following preparatory steps right now. 

Develop Unique Positions of Authority on Newsworthy Issues

The fundamental prerequisite for earned media coverage is always the same: have something compelling to say. However, to catch a broadcaster’s attention, you need an additional ingredient. Your positions of authority must not only be unique and well credentialed, but timely and newsworthy as well. 

To find and develop your firm’s newsworthy POVs, remember:

  • You have unique insight to offer the world. Ask yourself what your team is best at and find ways to connect that expertise to the current news cycle..
  • Don’t just focus on the “what” of a topic. True authority means articulating your viewpoint on the how and the why.
  • Differentiate your position — particularly on hot button issues. Everyone is talking about social issues, but it’s not enough to simply be part of the conversation. If you want to catch the attention of a producer, think through how you can add something new and insightful to the discourse. 
  • Make your message useful to a broad audience. Broadcasters want to share “news you can use.” Utility is the hallmark of impactful content.
  • Revisit and update your position of authority regularly. The news cycle moves fast. Make sure your POV keeps up.

Broadcasters want to incorporate greater diversity of thought and thought leaders into important social conversations. But bear in mind: the world doesn’t need more noise in an already crowded broadcast landscape. Your goal should be to contribute to a smarter conversation, not just say something for the sake of it.

Leverage Your Owned Media Program to Establish Your Firm’s Credibility

As you probably know, broadcast media frequently follows print. It’s common for producers to reach out to experts cited in other earned media venues to set up an on-air interview. Along with journalists of all kinds, they’re hungry for credible sources with an established voice who can add value to the topic at hand. This is particularly true as journalists try to stem the rising tide of “fake news” with more fact-based education around complex topics.

But if your firm isn’t regularly featured in prominent print or online news sources, how can you make your authority known? Your owned media program holds the key. 

Once you’ve developed your newsworthy points of view, harness the power of owned media. Write blog articles that cement your position. Dig into meatier topics by producing in-depth white papers and eBooks. Discuss salient perspectives on your firm’s podcast or ask an industry podcaster to host you as their guest. Share your content on social media channels. 

Journalists and producers regularly comb their Linkedin, Facebook, and Twitter feeds for viable stories. Promote your owned content in these channels and others to increase their likelihood of finding it. 

Educate Your Team on the Unique Virtual Interview Format 

The ability to hold an interview from your home or office will make it much easier to say yes to invitations that come your way. For example, one of our clients received an interview invitation at 4 pm one day and was on air at 8 am the next morning. If the logistics of traveling to a studio were involved, she would not have been able to participate with such a tight turnaround. 

Further, she was only able to sit for the interview because she was already prepared. Can your firm mobilize with 16 hours’ notice? There are specific ways you need to prepare in order to participate skillfully in this space. 

Master the Basics of Any Media Interview

As with any media interview, it’s imperative to sharpen your message and get comfortable sharing it. Even if these basics seem obvious to you, it’s imperative other authority figures at your firm understand them as well. 

Ensure everyone on your team knows how to:

  • Distill your narrative into headlines that grab attention and get to the point
  • Bridge from a stated question to the material you want to share
  • Frame replies in positive ways
  • Maintain composure in the face of difficult questions

It’s not enough to have something meaningful to say. You need to be able to communicate effectively and skillfully handle anything your interviewer throws at you.

Educate Your Team on the Unique Requirements of Virtual Interviews

There are also a number of special considerations to keep in mind when preparing for a virtual interview. You won’t have perfect lighting, an expert camera crew, or talented makeup artists to ensure you look your best. Nor will you have the benefit of a studio’s professional technology and equipment. It’s on you to create an environment conducive to a good conversation. 

To show your firm is serious about becoming a player in the virtual broadcast environment, be sure your authorities:

  • Invest in good technology (camera, microphone, high-speed internet)
  • Choose a quiet location with an eye-pleasing, uncluttered background (extra points if elements in your background subtly reinforce your credibility, e.g. diplomas, industry journals, etc)
  • Be mindful of lighting and your camera angle (avoid harsh upward or downward angles, position your camera at eye level or slightly above, buy a ring light)
  • Practice making eye contact with the camera lens (rather than looking at the boxes on your screen)

It can take even more composure, poise, and skill to make a good virtual impression. Consider recording your interviewees beforehand or have them role play with a friend or colleague to refine their approach.  

Are You Ready to Make a Name for Your Firm in Broadcast Media?

The pandemic has changed the broadcast media game. Will those changes be permanent? Only time will tell. The industry could very well return to in-person interviews as protocols begin to ease. 

But the door is open wider than it ever has been. That means your firm should act fast to develop timely, newsworthy POVs. Establish your credibility through owned media and thought leadership. And be prepared to ace any interview invitations that come your way.

That virtual interview your firm gives today could become the foundation for in-person broadcast appearances in the future. So if you want help finding and developing your firm’s unique positions of authority, just reach out. We’d love to help you engage skillfully in the broadcast media space.

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The ground-breaking nomination of Ketanji Brown Jackson to the U.S. Supreme Court means professional services firms have a lot to consider when it comes to their PR strategy. The key question is whether – and how – to weigh in publicly on an appointment that could have far-reaching business and social implications.

As her Senate confirmation hearings begin this week, Jackson stands on the threshold of one of the most consequential jobs in the country, ruling on issues that are critical to U.S. business, governance and civic life. If confirmed, she would be the first Black woman on the court as well as the first justice to have worked representing poor criminal defendants.

Her nomination comes as the public is increasingly looking to business leaders for guidance and opinions at important moments of civic discourse. Offering a point of view at such times shouldn’t be done without care. But organizations that consider the matter strategically have an opportunity — and in some cases, a responsibility — to express true positions of authority at a key juncture in U.S. history.

Jackson’s nomination isn’t the only high-profile personnel move that might tempt professional service organizations to speak up. We asked Greentarget’s senior leaders about the advice they offer clients who come to us for guidance in these moments, and it starts with a few questions.

Is There a Direct Connection?

The first couple queries are fairly open-and-shut and pertain to the direct connection to the person being nominated or appointee.

Does the nominee/appointee have a personal connection to your organization?

An organization that has such a connection almost certainly has the authority to say something. That might not be the case if, say, a 67-year-old is appointed to a significant position 40 years after working at a law firm as an associate. But if the connection is stronger, putting out a short congratulatory statement that acknowledges the connection is probably a smart play, assuming things didn’t end on bad terms.

Making such a statement is a point of credentialing for an organization, even if it’s not one that will likely generate tons of headlines. Of course, there’s the inverse to this question …

Does your organization have an obvious conflict when it comes to commenting?

This is probably another question without much gray area. The decision to say something publicly might be a simple “no” because there’s a direct conflict – in the case of Jackson, a law firm might be set to argue before the Supreme Court in the next term. That might not automatically rule out saying something, but it could limit what can be safely said. And a milquetoast point-of-view might not be worth the time it takes to work it up.

What if There’s No Direct Connection?

Depending on the answers to the first two questions, some organizations may simply shrug and move on. But there are other important questions to consider before doing so.

Does the position relate directly to a major focus or emphasis of your organization?

Say your organization does a lot of work in securities or finance. It’s likely that your team includes someone – probably multiple someones – with strong perspectives when a new SEC chairman is named. Or, perhaps your organization has expertise on workplace issues. The appointment of a new secretary of labor will probably elicit a reaction or two from members of your team.

Still, making public comments in such moments isn’t a given. It’s important to actually have something to say about the person being nominated – and that what you’re saying is insightful enough for the reward to outweigh any potential risk.

So how do I know if what we have to say is insightful enough?

For either of the above examples, your organization’s subject matter experts might have thoughts on how the new SEC chair or labor secretary might perform, how policy or enforcement might change and, ideally, practical guidance on how companies should adapt. Importantly, subject matter expertise doesn’t have to be confined to the focuses of practice groups within your organization.

In the case of Jackson’s nomination, Littler utilized an existing podcast on inclusion, equity and diversity to post an interview between Cindy-Ann Thomas, the co-chair of the firm’s EEO & Diversity Practice Group, and Bernice Bouie Donald, a federal judge for the U.S. Court of Appeals for the 6th Circuit. Thomas and Donald, both of whom are Black women, discussed the importance of diversity on the Supreme Court, strategies for female jurists of color in managing biases and advice from Donald for other female attorneys of color, among other topics.

Walking the Walk and Talking the Talk

The life and professional experiences of Thomas and Donald meant they had gravitas to comment on Jackson’s nomination. But Littler as an organization also could authentically and effectively weigh in because the firm has addressed similar issues for five years on the podcast (in addition to a variety of other channels). These factors tie directly to the next question on our list.

Is your organization able to speak to that point effectively and authentically, particularly in historic moments?

This was a question that came up a lot over the past couple years as organizations decided whether and how to contribute to the conversation in the wake of George Floyd’s murder and a broader racial reckoning. As my colleague, Steve DiMattia, smartly noted last year, it’s important that public comments in these moments aren’t just words:

The authenticity and credibility of any statement issued to address a fraught moment will not be judged against the values that you claim to profess but by the values you demonstrate through your actions. Values reveal themselves in observable behavior. And an organization that claims to stand for diversity and inclusion, but which has done nothing to advance diversity and inclusion, needs to think carefully about how it participates in the conversation about diversity and inclusion or risk alienating its audience.

The Need(?) to Say Something in the Digital Age

Here’s one more piece to the puzzle: Not only do we live in an era when news can make it around the world in minutes, we live in one in which technology makes it easier than ever to hold organizations’ feet to the fire.

Take what happened during International Women’s Day earlier this month. A slew of organizations posted what were fairly banal comments meant to celebrate the day – and were then quickly skewered by a bot that replied to the original posts with pay gap data about the organizations. The organizations, many of which quickly deleted their original tweets, learned the hard way that it’s never been more important to think through points-of-view before going public with them.

But that shouldn’t keep companies from commenting at all. As my colleagues Pam Munoz and Howell J. Malham Jr., noted last year, “It’s not an option for companies and their leaders to avoid entering into the fray of complex social challenges anymore.”

It could be argued that companies can enter the fray without entering it at every possible moment – and in the case of Jackson’s nomination, the moment might simply not be right based on the criteria outlined above. Indeed, organizations should pick their spots, because an empty/by-the-numbers move will be at best a non-factor.

But smart and incisive commentary, delivered thoughtfully and at the right time, is likely worth the risk, and it can make for a smarter conversation.

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2021 was a bountiful year for the legal industry. Surveys by Citi Private Bank / Hildebrandt and Thomson Reuters / Georgetown Law Center all predicted double-digit increases in revenue and profits. The stories about individual firm performance emerging on Law.com bear out the predictions – the revenue and profit-per-equity-partner gains in 20 stories published to date average 15 percent and 26 percent, respectively. Certain firms reported 50 percent-plus increases in PEP, truly astonishing advances. With demand for legal services at historic highs in 2021, the same rising tide is lifting all boats.

In this environment, strong financial performance is unlikely to distinguish a firm in the lateral market. So what will help your firm stand out? Frame your financial message around talent.

Missing in the Am Law financial performance coverage so far is meaningful emphasis on firm culture – as experienced by associates, professional employees and partners – and discussion of hybrid and remote work arrangements. These are the new key metrics, valued now more than ever within firms and by potential recruits.

To make an impression on lateral candidates and key audiences within your firm – two groups who keep a keen eye on Law.com at this time of year – prepare messages for your financial survey interview with the following points in mind:

  • Focus on Talent and Culture – The pandemic-fueled Great Resignation is driving greater attention to the key components of a firm’s culture – i.e., the expectations regarding performance, norms that govern behavior, and actions that display your values. How this cultural grist drives a firm’s approach to such critical issues as diversity, wellness, and work environment is meaningful to potential lateral candidates, now more than ever. Nearly every managing partner featured in Law.com to date claims to preside over a great culture, and that the culture drives the firm’s success. But few have distinguished themselves by describing the specific actions they are taking to strengthen their culture.

One firm stood out for bringing its chief diversity officer, alongside the managing partner, to its Law.com interview. She described how the firm is supplementing its compensation strategy with increased and tangible nonmonetary means to attract and retain talent. Another firm stood out for describing an innovation to address lawyer turnover – something confronting all top firms that has otherwise gone unmentioned by the firm’s peers.

  • Explain Return to Work Expectations – When are your lawyers and professional staff expected to be back at their desks? For how often and for how long? This has been a moving target for most firms. Current and potential employees accustomed to a new fluidity between work and life are closely following signals regarding a firm’s disposition towards remote and hybrid work arrangements. How a law firm responds to its workforce’s new expectations and preferences regarding work environments will impact the firm’s ability to attract and retain talent.

Further, how you plan to use space signals whether 2021’s historic profits will prove an outlier as the firm – and historic expenses – get back to “normal,” or whether a fresh reallocation of office space will permanently free up resources to sustain profits or fuel attractive investments in talent. Some firms have shared their evolved plans for space and hybrid work publicly; linking these plans to financial expectations would attract attention.

  • Discuss Financial Results (With Context) – Revenue and profit remain critically important, of course. Share and celebrate strong results. But take care to contextualize these results as a function of exceptional circumstances. Several firms were quick to point out that strong 2021 numbers affirmed their strategy. But given the historic demand for legal services recorded within every segment of the Am Law 200, everyone can claim a smart strategy whether they have one or not. Offices have been empty, and travel is rare, so expenses are down. And strong profits per equity partner were supported at many firms by a decline in equity partner head count – some of it strategic, some not. So, will 2021 prove to be an outlier or has the firm evolved in ways that will keep expenses down, and profits higher, in perpetuity?

The historic war for talent is continuing in 2022, and that is ratcheting up the pressure firms are under to recruit and retain talent. As Hugh Verrier, Chair of White & Case, put it, “What no one wants in our profession is a world where people are being driven by numbers at the expense of people. That is what is commonly known as an absence of culture.”

Verrier is, of course, right. This is the year to make it known how you are investing in the firm’s culture and managing return-to-office expectations to create an environment where lawyers and staff can succeed and thrive.

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If you’re a business leader, the Great Resignation poses a significant threat to your firm’s wellbeing in 2022. We believe the best way to address that threat is to start treating your talent with the same emphasis you historically place on attracting and serving clients.

As unprecedented numbers of experienced professionals re-evaluate their careers and exit their industries altogether, you’re faced with a significant challenge. How do you attract and retain the employees who will drive your business forward? If you’re in the legal industry, you’re likely aware that associate turnover at the nation’s largest law firms increased to nearly 25% in 2021 – up from 18% in 2019 – an alarming number that likely explains the historic rise in associate salaries, that also is an imminent talent and financial risk to firms in 2022.

We’re seeing similar attrition in other segments of professional and financial services, as well – and this isn’t just a problem for your HR and marketing teams to solve. As a business leader, you’ll need to personally make sure your firm is the kind of place where the most talented people want to spend their time and devote their efforts. In fact, you’d be wise to prioritize this issue ahead of client growth for the foreseeable future.

Here’s how to make your firm an employer of choice amid one of the most competitive and challenging hiring landscapes we’ve ever witnessed.

Define and Communicate Your Firm’s Behaviors

Although often conflated, your organizational values and culture are not one and the same. Values are what you say. Culture is what you do. Behavior is the connective tissue that links your stated values to the boots-on-the-ground reality of what it’s like to work at your firm. When your values inform and influence behavior on a consistent basis, you have a healthy culture that’s worth joining. 

It takes intentional effort to create a values-infused culture. Here are two ways to get started.

1. Talk to your talent 

It sounds simple, but very few professional services organizations communicate with their own people with consistency and intent. If you’re like most professional services organizations, you interview your clients on a regular basis. And that makes sense — you want to know that your relationships are healthy and that your account teams are delivering the value you’ve promised. 

But are you regularly conducting similar interviews with your employees – beyond an annual performance review or other HR-led initiatives? Understanding your culture begins by collecting qualitative insights from across your organization. Imagine what you could learn if you created a safe atmosphere for employees to answer questions like:

  • How would you describe our culture to your family?
  • Does the way we approach our day-to-day work match our values?
  • Do you believe our core values are an accurate reflection of how we behave as an organization?
  • Is this an environment where you feel confident that you can reach your individual goals?
  • Why do you think we exist as an organization?

Of course, these conversations will only be useful if your employees are candid with you. To earn their trust, leaders should demonstrate vulnerability and a genuine desire to listen and show that they’re willing to invest the time to shape and own this process. That’s the best way for it to truly have an impact.  

2. Articulate the Specific Behaviors You Expect at Your Firm

After you obtain a clear understanding of your current culture, spell out the specific behaviors that will create the type of environment you want your firm to embody. Your mission statement should drive your organizational values, and your values should then influence and inform the behaviors you expect.

For example, Greentarget’s mission is to drive smarter conversations for our clients. In pursuit of that mission, we value being authentic, working hard, embracing curiosity that drives creative thinking, embracing the stretch and growing as individuals and as a team. But without specific behaviors that bring those values to life, what we value are just words on a page. To really bring this to life, we identified the concrete actions we need to take to solidify our culture. These include:

  • Drawing on colleagues
  • Asking insightful questions
  • Focusing on the details 
  • Responding with “yes…and”
  • Bringing fresh thinking 
  • Staying informed 
  • Building personal connections
  • Embracing inclusivity 
  • Recharging strategically 
  • Getting uncomfortable 
  • Asking “how can I help?”

Take time to define and communicate the mission, values, and behaviors that will attract the best and brightest talent. Compile persuasive stories about your employees’ achievements and successes. While a competitive salary might be the element that gets a prospective employee’s attention, an authentic, purpose-driven work environment is what will inspire them to stay. Purpose-driven team members seek out and stay with organizations where they feel they have strong relationships, are making an impact and see the opportunities for growth.

And keep in mind this isn’t a “one and done” exercise. There’s a reason author and consultant Patrick Lencioni fondly refers to the CEO as the “Chief Reminding Officer.” Great leaders articulate the behaviors they expect, emulate those behaviors themselves and then remind, remind, remind until they’re sick of hearing themselves talk about it. (And even then, they keep going).

Take on New Clients Based on Whether They’re a Good Fit for Your Team

Your internal culture is important. But it’s not the only factor determining whether your employees remain happy and fulfilled at work. Your clients also play a significant role in shaping your team’s day-to-day experience. 

That’s why it’s so important to consider client engagements carefully. No one wants to work with a client who is harsh, demanding and capricious. Difficult clients deplete your employees’ motivation and hinder the creativity necessary to do great work. 

Likewise, you should be careful to take on clients whose values align with your own. For example, if one of your core values is authenticity, don’t take on a client who pushes your team to misrepresent the truth or uses passive-aggressive behavior to bully your team. That only undermines your firm’s stated ideals and communicates the wrong message to your employees. 

Greentarget evaluates new client engagements using a quadrant that plots them based on financial opportunity and cultural alignment. Even if the potential client could bring significant revenue to the firm, we turn down the work if there are signs of low cultural alignment. We’ve assessed what we’ve learned over the years about strong client relationships, and we use this list to assess “fit” using more than our gut instinct.

There is plenty of client work to be had — especially in today’s climate. Be choosy about whom you welcome into the fold. Engage clients who are a pleasure to work with and who will treat your employees with respect. These engagements foster the best collaboration between your team and their clients, which in turn will keep them motivated, engaged and loyal.

A client once told us: “I want to be the account that your team is clamouring to join. The one that people talk about around the lunch table with appreciation. That’s how I know I’ll get your best and most creative work.” What does that type of client look like for your organization?

Prioritize Talent to Realize Greater Success

The only way you’ll meet your growth targets is if you have the talent to support your business objectives. And it will take more than pay and incentives to overcome the challenges brought on by the Great Resignation.

The good news is your culture can become a differentiating factor that attracts and retains the employees you need to drive your organization forward. A leading technology-focused professional services firm with an enviable culture and impressive DE&I track record recently added “Culture” to the head of communications’ title and responsibility. This individual is now focused both internally and externally on continually demonstrating and celebrating the firm’s most important cultural assets, initiatives and successes. This is an excellent example aligning culture and brand. 

You too can prioritize culture and employee experience over client growth, thereby creating the conditions that will ultimately lead to higher levels of success. And rest assured – if you take care of the talent, the revenue will follow.

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Professional services firms are under more scrutiny than ever when it comes to the clients they represent. Employees are no longer reticent about protesting clients they consider unsavory. We’ve seen other stakeholders and the public actively lobby firms to drop certain clients, as well. 

Think about the way at least three law firms distanced themselves from representing the Trump administration after initially agreeing to help challenge election results. Public and internal pressures forced these firms to reconsider their willingness to be involved.

Controversial scenarios like this can land on the doorstep of any professional services firm.  To protect your firm’s reputation in an era of more aggressive social activism, you can mitigate risk by considering carefully which clients you’re willing to work with.

Professional services firm can do this by applying the logic investors are increasingly using – it’s associated these days with three letters: ESG.

ESG Minimizes Risk and Maximizes Long-term Results

In the financial services realm, investing with a fund manager who touts a strong commitment to environmental, social, and governance (ESG) practices is not just about making a positive social impact. It’s also a way to reduce the likelihood that your investment will lose value while increasing the likelihood of positive returns over time.

Companies with weak ESG performance often find themselves in situations that can lead to a decline in valuation. If a company is cutting corners on safety protocols, harming the environment, or exploiting its workers, there’s a much greater likelihood it’ll eventually be sued, fined, or otherwise penalized, which can negatively impact its stock price. Activision’s shares have tumbled since revelations of sexual misconduct among its employees, a clear failure of governance. So an investor or fund manager may choose to benefit society by putting her money into a company or a fund with stronger ESG standards, sure, but it should also de-risk her investment.  

How is this strategy relevant to who professional services firms take on as clients? Like investors, they should weigh the short-term gains they stand to make against the long-term risks associated with their choices. Is the initial financial windfall of working with a client of questionable or dubious integrity worth a ding to your firm’s reputation?

Socially Responsible Investing is a Way for Investors to Live Out Their Values

There are firms who choose to represent society’s most controversial and polarizing characters as a matter of principle. In the legal industry, for example, firms rightly argue that everyone deserves skilled representation, even those who some may consider unsavory. That’s certainly true, and if the employees and stakeholders of those firms know that is how they make decisions, there’s less risk for those firms. But when a firm purports to hold certain values and then makes decisions that contradict those values, the firm takes on significant reputational risk.

Assuming you’ve taken steps to define your values, applying an ESG investment lens to client selection can help you live them out.

Ethical investing got started in the 1980s when students in the U.S. demanded that their colleges and universities divest from companies that did business with the apartheid government of South Africa. Over the years an investing strategy known as “exclusionary screening” became popular, wherein investment managers would screen certain industries out of their portfolios. Tobacco, firearms, pornography, fossil fuels, etc., were common targets. 

Investors have largely moved from screening out whole industries to selecting best-of-breed companies across all sectors of the economy.  Regardless, protocols aligned with your corporate values can help you make decisions about the types of clients you’re willing to represent or the kinds of projects you’re comfortable taking on. Failing to make decisions in this way can cause backlash among other clients, employees, and even law enforcement.

Google, whose motto remains “Don’t Be Evil,” faced intense blowback when employees discovered its plans to work with the Pentagon on a project using artificial intelligence technology. After workers spoke out, walked out, and even resigned in protest, Google abandoned the project. Executives recently announced they’ll be exploring another contract with the Pentagon — but this time Google took care to explain how this decision fits with its principles.

PR giant Edelman has been assailed recently by employees who decry statements it made praising COP24’s “new level of international consensus that climate change is an existential threat,” calling for “more scrutiny of corporate climate lobbying efforts,” and arguing that many pledges made at the conference “fall short of what is necessary to avert climate disaster,” all the while representing companies that exploit fossil fuels and the trade groups that lobby for them. 

McKinsey advised the pharmaceutical industry for years about how to increase opioid sales at a time when abuse of pain medicine was widespread. Sued by 46 states’ attorneys general for contributing to the opioid epidemic, the firm ultimately apologized for the work and paid a $573 million settlement to resolve investigations into it conduct, though the firm remains beset with fresh lawsuits. To avoid such entanglements in the future, the CEO Kevin Sneader struggled to draw bright-line rules around the kinds of industries from which it would no longer take clients, including defense, intelligence, justice or policing institutions in nondemocratic countries. Consensus among its partners on this has been difficult to achieve, and the divided opinions are said to have contributed to the Sneader’s ouster.

Investing in Funds with a Low ESG Index Can Influence Positive Change, Too

Sometimes, investors with a strong ESG commitment still invest in companies with environmental, social, or governance liability, but make this seemingly contradictory decision to encourage a company to change. For example, they might invest in an oil company to influence management’s decisions around replacing fossil fuels with renewable energy.

This logic might guide you to take on projects or clients that appear to be objectionable on the surface but have the potential to drive reform.

One example of this is impact litigation, which Harvard Law School defines as filing or defending lawsuits focused on changing laws or focused on the rights of a larger group of people than is directly involved in the suit. On the surface, such representations could beg the question, “Why are you doing this work?” But under certain circumstances, a firm may enter unsavory territory not only to earn fees, but also to make the world a more equitable place for more than just its client. Alan Isaacman’s work on behalf of Larry Flynt, published of Hustler in Hustler Magazine v Falwell, a landmark First Amendment decision, is a clear example. Indeed, John Adams’ defense of the reviled British soldiers who fired on colonists at the Boston Massacre in 1770 – rooted in his concern for the rights of the innocent and the rule of law – reveals how this practice has long been a feature of American jurisprudence. 

Make Business Decisions that Align with Your Firm’s Values

Whether you’re more concerned with mitigating risks to your firm’s reputation or using your talent and expertise to effect social change, the business decisions you make are most defensible when they align with what are commonly understood to be your organization’s values. Applying an ESG filter can help your firm make choices that maximize long-term earnings over short-term gain, enter boldly into social reform territory, or screen out clients and projects that don’t fit with your core principles.

It all comes down to who you are and what you want to represent. Define your values. Communicate them to your clients, your employees, and the community at large. And then commit to making decisions with those guidelines in mind.

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Journalists continue to feel they’re the last and best defense against the spread of fake news. Yet only 14 percent say their own efforts have a significant impact on improving the situation. And they’re skeptical that mitigation efforts such as media literacy campaigns and anti-fake news laws will do anything to turn the tide. 

According to our 2021 Fake News report, 84 percent of the 103 journalists surveyed agreed that the weaponized use of the term “fake news” — i.e., when it’s not being used to describe misinformation and disinformation — is contributing to the delegitimization of traditional media and news sources. Furthermore, 89 percent believe that actual disinformation is as dangerous or more dangerous than no news at all.

As a former reporter, I understand journalists’ cynicism — a sentiment common in newsrooms even in happier times. But I also think journalists are wrong to take such a bleak view. From my vantage point, there are two actions that would reduce fake news’ impact, at least over the long term.

We absolutely should support reform efforts around Section 230 of the Communications Decency Act. And we must simultaneously invest in media literacy education efforts. Here’s why.

Lobby for Section 230 Changes to Hold Big Tech Accountable 

A thriving free press plays a vital role in speaking truth to power and holding people accountable for what they say and do. And that means disinformation and misinformation’s threat to journalistic credibility is a threat to the very fabric of our democracy. 

We asked journalists what, if anything, can be done.

Journalists don’t believe Big Tech’s efforts to police themselves will be effective. There are plenty of instances, including a Facebook insider-turned-whistleblower, to suggest they’re spot on about that. 

But when we asked journalists if the government should move forward with amending Section 230 of the Communications Decency Act and enforce greater regulations on Big Tech, the response was lukewarm. Fewer than half believed reforms were necessary, and 38 percent remained neutral on the subject. Those who definitely did not support reform were more forceful in their responses. One respondent adamantly said, “Free speech shouldn’t be trampled on.”

It’s understandable and commendable that members of the press are protective of the First Amendment. But there are already limits to free speech that act as guardrails for society. And amending Section 230, if done right, can be another smart limit.

Section 230 currently grants broad protections to internet platforms — including social media giants — from liability associated with comments made by their users. But the law was written 25 years ago, long before the advent of the digital-first era and prior to social media’s ubiquity. It doesn’t — how could it? — account for the vast reach disinformation can have in today’s world. And it certainly doesn’t factor in the algorithms and machine learning that propagate fake news while turning a profit for the platform itself.

Given that both sides of the political divide have legitimate concerns about the power of Big Tech and its influence over our society, it seems feasible that lawmakers could reach consensus about reform. Holding social media and Big Tech accountable through greater regulation could be an important first step in stemming the tide of fake news and reducing its harmful impact.

Stay Active in Media Literacy Efforts 

All that said, I can understand cynicism by journalists and, really, most people about the government’s ability to regulate our way toward ending fake news. Gridlock has been a fixture in Washington for a long time to say nothing of how journalism’s very integrity was attacked by the highest office in the land for four straight years.

But it’s surprising that reporters and editors are also so cynical about the potential for education to make a difference. Only 33 percent of respondents felt media literacy efforts have a high or moderate impact on lessening the spread of fake news. One in five said they had no impact at all. 

Journalists should hold out a little more hope about the positive effects of education. This report found that media literacy intervention in the U.S. and India “improved discernment between mainstream and false news headlines” by 26.5 percent. Meanwhile, media literacy efforts are increasing across the nation. In fact, 14 states have taken legislative action aimed at teaching media literacy to K-12 students. Illinois recently became the first state in the nation to mandate all public high schools include media literacy as part of the curriculum. And in Colorado, lawmakers enacted legislation to create an online repository of media literacy resources that teachers can easily access and use.

It will take time, but media literacy efforts have the potential to help a new generation engage with media in a more responsible, discerning way. Only when audiences have the knowledge to help identify disinformation and misinformation themselves will they think twice before hitting that “share” button. They might even take time to debunk the bad information they see on social media if they’ve been taught how to do it. 

If Journalists and PR Professionals Don’t Take Up the Fight Against Fake News, Who Will?

We can’t afford to throw up our hands and give into cynicism when it comes to the future of our society. We must lean into opportunities that will make a difference. That means being open if not supportive to reforms to Section 230 of the Communications Decency Act or other ways to leverage regulation so it can catch up with technology, like perhaps taking a different view on antitrust law.

But it also means not waiting for the government to act. We need to do our part to invest in media literacy efforts in our communities. That might mean supporting nonprofits committed to advancing this cause. Or it could involve volunteering to speak in a classroom and work with students first-hand.

In the coming months, Greentarget will be renewing and ramping up our investment in local media literacy education efforts. And we’ll continue to stand with journalists to combat the negative effects of fake news. 

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