When public companies and prominent individuals find themselves under investigation, they often face widespread condemnation in the press. Early conviction in the public mind is not uncommon.

The subject of the investigation—the target of the storm of criticism—understandably wants to push back and influence coverage of the story. At an early stage, a tension sometimes arises between defense counsel, who typically want to say little or nothing before the facts are more fully understood, and clients who feel wronged by misinformed criticism and injured in their businesses and reputation.