Risking Credibility: Biegel vs. Dentsu

Brands are fragile things, like snowmen in spring. That’s what Julie Roehm learned with Wal-Mart, a case study we concluded back in August. And now it seems Steve Biegel, former creative director for Dentsu America, is about to learn the same thing.

Effie, Clio, and David Ogilvy Award-winning ad veteran Biegel filed a lawsuit against his former employer that has the advertising industry shaking its head, not its fist.

He alleges that Toyo Shigeta, CEO of Dentsu Holdings USA, took and shared upskirt shots of women (including Maria Sharapova; see Adrants), forced him to visit a Prague brothel, and required workers to have sex with prostitutes. Advertising Age has published the entire lawsuit online. It makes the Roehm scandal look rated G for gratuitous.

“If Steve Biegel had exhibited as much creativity and effort when he worked here as he has on manufacturing this frivolous complaint, the company would not have fired him,” Dentsu America CEO Tim Andree told Adweek.

Dentsu has also vowed to file a countersuit, primarily alleging libel because a lawsuit draft was sent to its clients. (If Biegel did send Dentsu clients drafts, he may be forced to prove every point true to avoid libel.)

As with most legal wrangling, some of the non-court communication hints at the truth. Did the events take place? Probably. Was Biegel horrified and sexually harassed? Only Biegel really knows, but his credibility is in question because based on the lawsuit and subsequent communication.

It seems all too likely that he was more horrified about losing his job than some of the events that seemed to have occurred as much as three years prior. It also doesn’t help that Biegel did not find the alibi or ally he thought he might with his friend Scott Weitz, a staffer with Driver Media who was present during the Prague brothel incident. According Adweek, Weitz said that Biegel never complained about Shigeta encouraging or forcing him to engage in such behavior and that Biegel went into a private room with a prostitute. (Eesh! To think that if Hostel came out one year earlier, all this may have been avoided.)

To be clear, sexual harassment in the workplace is wrong. However, advertising is probably not the right career path for those who shy away from an industry that claims “sex sells.” At least, it’s not really suited for someone who claims to be as horrified as Biegel now says he is (not that our industry requires bath houses or brothels, of course).

Still, what employees need to know, I suppose, is that just because your employer tells you to do something, it doesn’t mean you have to do it. Um, you can make your feelings known immediately, file a complaint while you’re still employed, or walk out the front door before you’re fired. Heck, I’ve even terminated an account or two after becoming uncomfortable with advances that persisted after warnings.

Just say NO!

But, then again, I’m not writing from a legal perspective (because I’m not an attorney). I’m writing from a communication perspective that suggests: it’s probably best not to be the freewheeling creative ad guy for years and then attempt to play bashful family man shortly after you are terminated.

The less than $1 million lawsuit and potential damage from a libel countersuit (not to mention potential personal brand and credibility erosion), is not worth it. Or, in other words, if Biegel really wanted to win this case as opposed to shooting for a settlement, he would have employed the most basic premise of crisis communication and “talked about it as soon as possible.” That would have been three years ago.

Still, this lawsuit comes at a bad time for Denstu. It just recently made a push toward taking a more visible foothold in the international marketplace. Although it is one of the largest advertising companies in the world, only eight percent of its revenue is generated outside Japan. (Japan is the second largest advertising market in the world.) Its clients have included Canon, Toyota, HarperCollins Publications, and Toshiba America, among others.

As a side note, Dentsu America’s mission statement is to “influence by telling the truth in new ways.” And how. Case study? I'm not sure yet.

Gaining Ground: Consumer Relationships

It’s about time. According to Jonah Bloom’s article in AdvertisingAge, marketers are moving away from numbers and toward measuring changes in consumer attitudes and behaviors.

I’m not sure the solutions that the article alludes to are the right ones, but the premise — as the media landscape changes so is advertising — is spot on. Marketers and advertisers are beginning to consider media reach as less important than the platform's relationship to the audience.

Effective communication is about changing behavior.

Now that more are adopting the concept, one question remains: do they know how to do it? Procter & Gamble (P&G) seems to.

"Historically at P&G we looked at product performance. We didn't pay as much attention to product experience," Claudia Kotchka, vice president of design innovation and strategy at P&G, told ADWEEK, discussing how Gain Joyful Expressions’ curvy shapes and bright colors played a factor in it becoming a billion-dollar brand. "Obviously the product cleans fabulously, but this is all about joy. When consumers open the bottle, they like the smell. The bottle itself is much more whimsical. It's about taking the elements people wouldn't think are important and having them add up to the overall brand experience."

Product design is not the only place P&G is working hard to win over consumers. P&G recently rolled out an online campaign within Facebook to tout odor-eliminating Febreze to college students. You can access the group at Whatstinks.com. (Talk about changing behavior. I wish it were around when, as a resident advisor, I had to counsel a young freshman why his unsanitary habits were driving roommates away.)

Of course, few things are wrinkle free; online consumer relationships included. Specifically, online consumers have noted that new custom advertising is kind of creepy. In fact, it took Facebook and MySpace proposed ad platforms to open their eyes to just how much online tracking there really is. Enough so that Facebook’s idea to target consumers based on what is in their online profiles has caught the attention of online privacy advocates and the Federal Trade Commission.

In other words, any backlash from overzealous consumer profiling could land squarely on Facebook. We mentioned that potential hazard when Harris Interactive released preliminary information about mobile advertising back in April. During the Webinar, Harris had cautioned advertisers not move too fast without opt-in and opt-out features or consumers and privacy advocates might push back.

It looks like some are pushing. In fact, some are pushing so hard that BusinessWeek noted how a "do not track" list could backfire because it could mean even more advertising, not less.

Finding Nemo: PR Professionals

There is no higher law in journalism than to tell the truth and shame the devil. — Walter Lippmann

Considering some public relations professionals are still smarting from Chris Anderson, editor in chief of Wired, and wondering if anyone loves them (boo hoo), I thought it might be useful to provide a few basics so some don’t have to keep learning the hard way.

Sure, I know working in public relations is not necessarily easy, but it does not have to be exceedingly hard either. Every spring, I share six tips with public relations students at the University of Nevada, Las Vegas (UNLV) on how to be an effective public relations practitioner:

• Think like a journalist
• Act like a businessperson
• Dig deeper than a lead investigator
• Write with the passion of a novelist
• Speak with the conviction of a communicator
• Exhibit empathy like an advocate for various publics

It’s no easy task, and not everyone is capable. But the best and the brightest in the field all have these qualities (at least the ones I know). Unfortunately, the great majority of public relations professionals (about 80 percent, I might guess) never even make it past the first bullet. So that's all I'm going to write about today.

It's not about how many of their posts or articles you read; thinking like a journalist is all about finding Nemo.

That's right. You need to find "the better fish story." And based on box office gross alone, Nemo was the best fish story of all. Seriously, that movie contained almost everything needed to make the news.

Here’s my quick tip sheet for public relations students, which originated with Jake Highton, a longtime journalism professor at the University of Nevada, Reno as well as some tips from the The Missouri Group. I’ve added and embellished them over the years, working with a foot in each field.

What Makes News Or How To Find A Nemo?

Impact. How much is an audience effected, how direct is the impact, and how immediate is the effect? The greater the impact or magnitude, the more likely it is news.

Proximity. How close is the action to a locality or how direct to a specific industry? The closer the connection is to home or to a particular audience, the more likely it is news.

Timeliness. When is the action is occurring or when did it occur? The fresher the story, the more likely it is news.

Importance/Effects Of Change. How will it change people’s lives, like a new law or a price increase? The more it changes people’s lives, the more likely it is news.

Prominence. Who is involved and do people know who they are or what company they work for? The more prominent the individual or company, the more likely it is news.

Conflict. How volatile are the combatants and how colorful are the characters? The bigger the conflict or rashness of the characters, the more likely it is news.

Novelty. Does it occur often or infrequently? The more uncommon the occurrence, the more likely it is news.

Human Interest. How touching is the act of kindness? The greater or more direct the gift, the more likely it is news.

Sensitivity. How disastrous or emotional is the result? The greater the misfortune, the more likely it is news.

Special Interest. Does the editor of the publication have an interest in the subject matter? The more specialized the story to a specific publication, the most likely it is news.

Almost all stories need at least one of these elements (generally, more than one) to be considered news by most journalists. It’s about that simple. If you have many, you have yourself a Nemo.

Do you get it now? At the very least, it might dispel the mystery of why a small company launching a new widget is probably spam as opposed to a salmon. It also explains why the huge whale tale seems to have been the Apple iPhone (called the invention of the year no less).

So there you have it. Where some (not all) public relations professionals are going wrong is that they are promising clients a certain amount of releases every month, but never look for anything that remotely resembles a minnow let alone a clown fish.

Who knows? Maybe that will make my "stars align" comment more palatable. That point was never meant to suggest more spam.

I was making the case that even if you have a Nemo, someone else might have a Nemo plus one. Too bad. It sucks. But there is only so much time or space a journalist or editor (or even a blogger) has to work with today, tomorrow, next week, or all year.

The general lesson is simple: don’t waste their time, especially since the average journalist’s salary is $30,000 per year and the average public relations professional is paid about twice that, which is why I can almost guarantee that the “it’s my job" sob or “you need me" cry or “I’m too busy to use AP Style" whine won’t really cut it. If anything, it will probably strain the relationship even more so. Instead of crying or inventing formulas, go find the better fish story.

And while you're at it, treat those journalists with respect. And, if they don’t respect you back right away, try to remember that other PR folks have probably lied to them a hundred times (just last week). So I'm sorry, but it's the burden of the PR professional to overcome any barriers caused by others in the field. Reporters owe you (or me) nothing. Not even a return call.

Blogging For Hope: Lisa Wines, O My Word

Lisa Wines, who pens of o my word, is as authentic as they come. The youngest of six children who moved from Philadelphia to Phoenix, she graduated a year early from high school and chose a life filled with drug smugglers, prostitutes, their attorneys, and other “interesting” people. Wines also knows about abuse.

“I have experienced different kinds of abuse in life, primarily a rape while in college, where I was held captive in a guy’s house for a couple days and then hospitalized,” says Wines. “It’s interesting that I didn’t write about my own experience. I guess I’m not ready for that.”

Instead, as one of 10,000 bloggers who participated in Bloggers Unite, a social awareness campaign organized by BlogCatalog, Wines decided to write about her friend Robert Miley, an artist in Arizona who developed an art workshop curriculum for abused and at-risk youth.

“I have known Robert Miley for years and have always been touched by his work with abused children,” she says. “I think art can be magically healing. People can express their emotions, rage, sadness, fear, through art, and get beyond the pain and move forward.”

Wines’ post received first place in the Blog For Hope Post Competition, sponsored by Copywrite, Ink. in cooperation with BlogCatalog. Among the prizes, Copywrite, Ink. will be donating $250 to Robert Miley’s Release The Fear in her name as well as proceeds from “Art Heals” T-shirts, which her post helped inspire. According to Wines, her post also represents the most she has done for Miley’s worthwhile endeavor.

“I had been self-absorbed for many years … working myself to death. I never seemed to have time for Robert’s or any other charity. But he would lure me in here and there,” she said. “I have helped him with minor writing tasks and have shown up at meetings and events. But I have never played a major role. I was very happy to finally draw attention to his work through my blog.”

While it doesn’t read like a new blog, o my word is relatively young to the blogosphere. Wines, a freelance commercial writer, started it in March as an essay blog that features observations and confessions about her life. Filled with little bits of wisdom from living an unconventional lifestyle, she shares anything and everything that happens to strike her. Often amusing and always straightforward, she also writes about her adventures as an American living in Paris

“I love my o my word blog, but have a love/hate relationship with my political blog,” she confesses. “Things are bleak in America today, so I get tired of bitching. Instead, I prefer reminiscing or telling stories about my life.”

In some ways, the Miley post in an exception, sparked by the Bloggers Unite campaign. Wines became interested in the campaign after reading how many bloggers were making a difference. She immediately thought of Miley.

“I think children need to feel safe, and then feel that they can be loved,” she says. “They need a way to express themselves and to shed the shame that is always associated with abuse.”

The six judges — two from BlogCatalog, two from Copywrite, Ink., and two who are not affiliated with social media — thought so too. Their decision to recognize Wines’ post was based on this program’s ability to help heal the pain associated with abuse. Although unrelated, Miley’s program is similar to “Gaining Your Voice Through The Arts,” a juried art show that highlighted artists who also use art as a means for healing in Greenwich, Connecticut.

Like Release The Fear, Gaining Your Voice focused on teaching people to transform their pain and suppressed emotions as an abuse victim into something else. By doing so, it helps abuse victims change the way they think about their experience and helps others to gain their voice as well.

It’s a solution — whether written in a blog or splashed across a canvas or captured in a photograph — that has been proven to work. Just ask Wines. Despite her own painful experiences, she still maintains an infectious sense of humor — the least of which is exemplified by her request for donations to buy some Depends. (Not really, but that’s what makes it funny.) Congratulations again, Lisa.

Striking Writers: Writer's Guild Of America

Although a federal mediator has called a last minute Sunday morning meeting between major media and the Writer's Guild Of America (WGA), it seems certain that 12,000 writers will go on strike Monday.

From the network perspective, budgets are going up while ratings are going down. From the writers perspective, they want higher residuals, especially from DVDs (they are asking for eight cents per copy as opposed to three or five cents). And they are serious.

As Jericho fans know, the strike could return Jericho to the small screen much earlier than as a truncated midseason show in January. But as the old saying goes, be careful what you wish for.

Coming back as a Band Aid for CBS would mean limited promotion time prior to a start date (not that CBS seems like it would go gangbusters on it anyway). This also assumes Jericho fans and new viewers will be satisfied with some lower budget solutions that made it impossible to pick up where the season one cliffhanger left off. And, with only seven shows in the can, even if season two was a hit, fans would once again find themselves looking at yet another long wait between seasons.

From the fans' perspective, it doesn’t make sense. For Veronica Mars fans, on the other hand, a writers strike could help return it to syndication, giving new viewers a chance to see the series for the first time. You never know what might happen if that happened. Why? Because in new world of media, crazier things have, are, and will happen. Don’t believe me?

• ABC recently asked Rob Thomas to bring back Cupid, a 15-episode series that debuted in 1998.

• The Teamsters’ 4,500 truck drivers, casting directors, and location managers may join the WGA strike. ABC, on the other hand, suggested writers consider dropping or converting their WGA membership to work anyway. Yep, crazy.

Tagging Snackers: Conversation Agent

When Jeremiah Owyang, senior analyst for Forrester Research, presented Media Snackers, I didn’t give it much thought. I don’t believe it’s new. Like much of social media, it’s an old concept, repackaged under the premise that new media has changed everything.

Social media has changed the world; communication, not so much.

The general concept of MediaSnackers is sound, except as Owyang pointed out, it's not just young people — everyone is consuming, creating, and sharing media differently because they can access whatever, whenever, and wherever. Or, as I’ve said, passive viewers have become active consumers.

Six things that social media is changing:

• Speed of delivery
• Locality of contact
• Size of audience
• Depth of content
• Number of voices
• Degree of engagement

Six things that social media isn’t changing:

• Cognitive thinking
• Appeal of authenticity
• Varied behavioral styles
• Emotion-driven decisions
• Justifying decisions with logic
• Tendency toward organization

Social media is neither an opportunity nor a threat; it's both.

Valeria Maltoni, Conversation Agent, who tagged me with this topic task, used the movie Sliding Doors as a great analogy, noting that most companies size up social media as an opportunity or a thread. (That’s funny.)

It’s neither and both. That’s the beauty of social media. Much like life, you will find what you seek out. And much like life, you ignore it at your own peril.

Do I change my communication to cater to media snackers?

I don’t. Not really. I don’t believe effective communication begins with a medium. It begins with a deep appreciation of communication, which starts by recognizing that varied people have varied behaviors and respond to communication differently. The best communication makes sense to anyone even if it changes no one.

Social media has not changed this. However, for meme purposes, here are few tactics that media snackers might appreciate (no order):

• Employing Twitter, networks, and aggregates like snack shelves
• Finding key information from multiple sources and noting patterns
• Bolding critical information, points, quotes, or adding subheads
• Allowing readers to determine their own depth of interest
• Engaging people in comments, allowing them to share input
• Mixing and matching styles, stories, and analogies for fun
• Hiding full-course meals in many of these daily media snacks
• Serving up honesty and authenticity, even if it means telling people I like that they have mustard on their chins (and asking people to do the same for me)

So what do I think about social media snackers? I think that they are yummy. But then again, I like everybody, which is while I’ll tag: John Sumser, Jeremy Pepper, Doug Meacham, Lee Odden, and Steven Silvers for their take on social media snacks.

(Thanks to Kami Huyse, who published a list of contributors today.)