The Barbie Case - The Arthur Page Society
The Barbie Case - The Arthur Page Society
The Barbie Case - The Arthur Page Society
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arthur w. page society<br />
founded 1983<br />
journal<br />
<strong>Case</strong> Study Competition in<br />
Corporate Communications<br />
2006
contents<br />
2 introduction<br />
case study competition in<br />
corporate communications 2006<br />
arthur w. page society<br />
founded 1983<br />
4 grand prize<br />
liesbeth de smedt<br />
annenberg school for communication, university of southern california<br />
<strong>The</strong> <strong>Barbie</strong> © <strong>Case</strong><br />
winning entries – business schools<br />
16 first place<br />
daniel j. pozen, tuck school of business, dartmouth college<br />
Managing a Crisis in Financial Services: Putnam Investments 2003–2004<br />
29 second place<br />
quinn bailey, benjamin gilfillan,<br />
mendoza college of business, university of notre dame<br />
ChoicePoint: Personal Data and a Loss of Privacy<br />
35 third place<br />
david lee, julie ratliff,<br />
mendoza college of business, university of notre dame<br />
Citigroup: Restoring Ethics and Image Before Growth<br />
winning entries – communications ⁄ journalism schools<br />
41 first place<br />
yuliya melnyk, moushumi anand,<br />
university of missouri - columbia<br />
How the Russian Company Pallet Trucks Used Public Relations Strategies to<br />
Protect its Business and the German Brand Pfaff-silberblau in Russia in 2001<br />
54 second place<br />
anna strahs, school of mass communications,<br />
virginia commonwealth university<br />
Court of Public Opinion Points Finger at Wendy’s<br />
To view the case study submissions,<br />
teaching notes and slides, go to<br />
www.awpagesociety.com<br />
(<strong>Case</strong> studies can be found under Resources)
2<br />
introduction<br />
As part of its mission to strengthen the management policy<br />
role of the corporate public relations officer, the <strong>Arthur</strong> W.<br />
<strong>Page</strong> <strong>Society</strong> has long been interested in increasing awareness<br />
among future business leaders of the value of public relations.<br />
Over the last five years, the <strong>Page</strong> <strong>Society</strong> has made an effort to<br />
increase this awareness by issuing a call for original case<br />
studies written by business school and communications/<br />
journalism school students that focused on corporate<br />
communications and the practice of public relations.<br />
Since the case study competition’s inception, the <strong>Page</strong> <strong>Society</strong>,<br />
in alliance with the Institute for Public Relations, has solicited<br />
case study submissions from more than 1,000 accredited<br />
faculty advisors at schools of business, communications and<br />
journalism throughout the world. And each year, the<br />
competition attracts an increasingly higher caliber of case<br />
studies. This year in particular, the judges lauded the<br />
winning case studies as truly exceptional – with all entries<br />
incorporating meaningful consideration of the <strong>Page</strong><br />
Principles more so than in previous years. Competition judge<br />
Stephen A. Greyser, DBA, Richard Chapman Professor,<br />
Marketing and Communications, Harvard University,<br />
added that 2006 winners from both business schools and<br />
communication schools reflected excellent depth and breadth<br />
– thoroughly identifying the business problem and exploring<br />
the critical issues at hand. 2006 winners were selected from 25<br />
entries, nearly evenly divided between business schools and<br />
communications/journalism schools.<br />
<strong>The</strong> objectives for this year’s competition remain the same.<br />
<strong>The</strong>y are to:<br />
• Help future business leaders understand various<br />
communications and reputation management issues that<br />
will confront them in their careers.<br />
• Encourage research that contributes to the profession’s<br />
knowledge base and provide practical suggestions on how<br />
to improve the corporate public relations function.<br />
• Offer an increasingly growing resource that educators at<br />
institutions of higher learning can use in the classroom to<br />
demonstrate the strategic value of communications and<br />
public relations to business.<br />
<strong>The</strong> student authors and their faculty advisers are awarded cash<br />
prizes and their prize-winning entries are published in the<br />
following pages of this Journal and also can be found on the<br />
<strong>Society</strong>’s Web site at www.awpagesociety.com. <strong>The</strong> Grand Prize<br />
winners are recognized at a dinner that is part of the <strong>Society</strong>’s<br />
annual Spring Seminar. This year, the dinner is scheduled for<br />
April 6 at <strong>The</strong> Ritz-Carlton New York, Battery Park.<br />
arthur w. page society<br />
About the Sponsors<br />
<strong>The</strong> <strong>Arthur</strong> W. <strong>Page</strong> <strong>Society</strong> is a select membership<br />
organization for senior public relations and corporate<br />
communications executives who seek to strengthen the<br />
management policy role of the corporate public relations<br />
officer. It is committed to the belief that public relations is a<br />
function of executive management and is central to the<br />
success of the corporation.<br />
<strong>The</strong> Institute for Public Relations is an independent<br />
foundation dedicated to the science beneath the art of public<br />
relations. It exists to build and document research-based<br />
knowledge in the field of public relations, and to mainstream<br />
this knowledge by making it available and useful to<br />
practitioners, educators, researchers and the clients they serve.<br />
About <strong>Arthur</strong> W. <strong>Page</strong><br />
Considered the father of corporate public relations, <strong>Arthur</strong><br />
W. <strong>Page</strong> (1883-1960) was the first person in a public relations<br />
position to serve as an officer and member of the Board of<br />
Directors of a major corporation. He viewed public relations<br />
as the art of developing, understanding and communicating<br />
character – both corporate and individual. <strong>Page</strong> believed the<br />
successful corporation must operate in the public interest,<br />
manage for the long run and make customer satisfaction its<br />
primary goal.<br />
<strong>The</strong> principles of business conduct for which he became<br />
known have influenced thousands of thought leaders and<br />
have earned the support and respect of chief executive<br />
officers throughout the country. <strong>The</strong> <strong>Society</strong> bearing his<br />
name is built upon a foundation of management concepts<br />
that have been tested for nearly three-quarters of a century.<br />
<strong>Page</strong> practiced these principles of public relations<br />
management as a means of implementing his philosophy.<br />
Guidelines and Judging for the Competition<br />
A panel of judges representing the corporate, agency and<br />
academic sectors of public relations reviewed all case studies<br />
that were entered in this year’s competition, which began<br />
with a nationwide call for entries in August, 2005.<br />
<strong>The</strong> judging was completed in February, 2006. In all<br />
instances, the judges for this competition are experts in the<br />
field. <strong>The</strong>y have no specific association to either the case<br />
writers or the universities they attend, nor to the companies or<br />
organizations that may be the subjects of the cases they review.
This year’s distinguished panel of judges included:<br />
Amy Binder, RF Binder Partners, Inc.<br />
Lou Capozzi, Manning, Selvage & Lee<br />
Sandra Chrystal, Center for Management Communication,<br />
Marshall School of Business<br />
Bob DeFillippo, Prudential Financial, Inc.<br />
Gloria Dittus, Dittus Communications<br />
Stephen Greyser, DBA, Harvard University -<br />
Graduate School of Business Administration<br />
Steven Harris, Steven J. Harris Communications, L.L.C.<br />
Frederick Wells Hill<br />
Sandra Macleod, Echo Research Ltd.<br />
Ken Makovsky, Makovsky & Company<br />
John Manfredi, Gillette Company<br />
Carl Maugeri, Wharton School Communication Program<br />
Frank Ovaitt, Institute for Public Relations<br />
Doug Pinkham, Public Affairs Council<br />
James Rubin, Ph.D., Darden School of Business<br />
John Spelich, Gateway, Inc.<br />
Don Stacks, Ph.D., University of Miami<br />
Don Wright, Ph.D., University of South Alabama<br />
Patricia Wright, BP America, Inc.<br />
<strong>The</strong> judges had the authority to make a final determination<br />
regarding any or all of the posted prizes and also the<br />
authority to make no awards if none seemed appropriate.<br />
Criteria used to judge all entries included the following:<br />
• <strong>The</strong> purpose of the case study, its relevance and timeliness.<br />
• <strong>The</strong> significance of the business problem (not the<br />
communications problem) and the critical issues<br />
identified and explored.<br />
• How the effective use of the <strong>Page</strong> Principles generated<br />
constructive action and support from affected<br />
constituencies or, conversely, the outcomes generated from<br />
the ineffective use or non-use of the <strong>Page</strong> Principles.<br />
• How well the problem addresses a substantive challenge<br />
and its importance to the organization.<br />
• How the interests of the organization and its constituents<br />
were served.<br />
• How the impact of the communication is measured.<br />
<strong>The</strong> judges were also asked to weigh a submission’s<br />
usefulness and general value to the profession as well as its<br />
educational value.<br />
arthur w. page society<br />
Competition judge Sandra Macleod, CEO, Echo Research<br />
Ltd., summed-up the caliber of entries in this year’s<br />
competition:<br />
"A frequent concern about the teaching and practice of<br />
professional public relations has been the lack of thorough<br />
case studies to underpin the science behind the art.<br />
<strong>The</strong> entries into the <strong>Arthur</strong> W. <strong>Page</strong> <strong>Society</strong>'s Annual <strong>Case</strong><br />
Study Competition have been extraordinary. As a frequent<br />
judge on other national and international communications<br />
awards, I was blown away by the clarity of the challenges at<br />
stake, depth of insight, management understanding, and<br />
grounding of the key public relations principles enshrined by<br />
<strong>Arthur</strong> W. <strong>Page</strong> in all of our entries this year. <strong>The</strong> choice of<br />
winners was difficult from such a compelling selection.<br />
It is heartening to see that as reputation grows in importance,<br />
sound professional PR counsel is being keenly developed<br />
and enriched."<br />
Awards and Prizes<br />
<strong>Case</strong>s submitted for this competition may address any<br />
category or specialty within the field of corporate<br />
communications or public relations. At the discretion of the<br />
judges, 1st, 2nd and 3rd prizes may be presented. <strong>The</strong> Grand<br />
Prize is awarded to the best overall entry. <strong>The</strong> posted prizes<br />
for the 2006 competition were:<br />
Prize Student(s) Faculty Adviser(s)<br />
Grand $5,000 $1,500<br />
1st $2,500 $650<br />
2nd $1,500 $350<br />
3rd $800 $200<br />
Eligibility Requirements<br />
Any student, graduate or undergraduate, who is enrolled in<br />
an accredited school of business, communications or<br />
journalism and is pursuing a degree (full or part time, regular<br />
or adjunct, tenured or non-tenured).<br />
<strong>The</strong> <strong>Arthur</strong> W. <strong>Page</strong> <strong>Society</strong> and the Institute for Public<br />
Relations wish to thank all who participated in this year’s<br />
competition, and we look forward to honoring all winners at<br />
our Spring Seminar in April.<br />
3
4<br />
Introduction<br />
When Neil B. Friedman was promoted on October 11, 2005<br />
from his position as head of the successful Fisher-Price®<br />
division to become the President of the combined operations<br />
of the merged Mattel® and Fisher-Price® units, he might have<br />
considered this promotion to be a daunting task to take on.<br />
At the start of his job as the President of the Mattel® Brands<br />
Division, the sales of <strong>Barbie</strong>®, Mattel®’s signature doll and<br />
profit engine, which account for an estimated 25 1 to 35% 2 of<br />
Mattel®’s sales, had fallen for seven straight quarters on a yearto-year<br />
basis. 3 <strong>Barbie</strong>®’s global third-quarter sales in 2005 were<br />
down 18% from the previous year, and U.S. sales decreased<br />
30%. This decrease in sales affected Mattel®’s overall<br />
performance as shares tumbled to their lowest point in four<br />
years. 4<br />
<strong>The</strong> toy industry overall was struggling, with sales down 5.3%<br />
through the first nine months. U.S. retail sales of dolls fell 6%<br />
in that period, according to market researcher NPD Group.<br />
Analysts believe the slide will continue as more kids choose<br />
video games and digital-music players over action figures and<br />
board games. 5<br />
In addition, Friedman was confronted with an anti-<strong>Barbie</strong><br />
climate with campaigns challenging <strong>Barbie</strong>®’s beauty ideal<br />
launched by <strong>The</strong> Body Shop and more recent ones by Dove®<br />
and Nike® as well as a tradition of Mattel losing legal battles<br />
time and again against artists who parodied <strong>Barbie</strong>®.<br />
History of <strong>Barbie</strong>®<br />
<strong>The</strong> Beginnings of <strong>Barbie</strong>®: 1950s<br />
Arguably the single most important moment in the history of<br />
the American toy industry took place in 1956. <strong>The</strong> co-founders<br />
of Mattel – Ruth and Elliot Handler – took their family on<br />
vacation to Switzerland. While shopping, Ruth Handler<br />
discovered a strikingly adult doll named Lilli, complete with a<br />
grand prize<br />
Liesbeth De Smedt<br />
Faculty Adviser: Craig Carroll<br />
Annenberg School for Communication<br />
University of Southern California<br />
<strong>The</strong> <strong>Barbie</strong> © <strong>Case</strong><br />
arthur w. page society<br />
curvaceous figure and high heels. 6 In Hamburg, Germany, the<br />
artist Reinhard Beuthhien, had created a character, name Lilli,<br />
for the Bild Zeitung newspaper. In August 1955, Lilli was given<br />
a third dimension and sold as an eleven and one half inch doll.<br />
Ruth Handler did not realize at the time that Lilli was a symbol<br />
of sex and pornography for the men of Germany. She was<br />
often a gag gift and was a type of “fantasy doll”. 7 8<br />
For years Ruth Handler had been trying to persuade Mattel®’s<br />
designers to create a three-dimensional adult doll. She had seen<br />
her daughter and her friends play with adult paper dolls,<br />
preferring them to baby dolls. <strong>The</strong>y would play make-believe<br />
and mimic the conversations of their parents. “<strong>The</strong>y were using<br />
the dolls to project their dreams of their own futures as adult<br />
women,” she realized. But she had met with resistance from<br />
Mattel®’s engineers – all men – who told her that the doll would<br />
be too expensive to produce. Mattel®’s ad agency worried that a<br />
voluptuous doll might be too sexy. 9<br />
She insisted that Mattel®’s development team create something<br />
similar to Lilli, and they resolved the cost issue by having the<br />
doll produced in Japan. <strong>The</strong> result, after nearly three years of<br />
design work, was <strong>Barbie</strong>®, named after the Handler’s daughter<br />
Barbara. 10 <strong>The</strong> new doll was modified to look less like a street<br />
walker. Her body was<br />
made into a softer<br />
vinyl and her face was<br />
given a softer look.<br />
This was done by<br />
“rotation-molding”, a<br />
process where the<br />
mold was turned<br />
slowly while the vinyl<br />
hardened. This<br />
process helped to<br />
create finer details in<br />
this new doll like<br />
fingers and toes. 11<br />
Exhibit 1:<br />
Top Global Toy Manufacturers<br />
Ranked By Sales 76<br />
1. Mattel, Inc. (MAT)<br />
2. Hasbro, Inc. (HAS)<br />
3. Bandai Co., Ltd.<br />
4. Lego Company<br />
5. Sanrio Company, Ltd.<br />
6. Ty Inc.<br />
7. LeapFrog Enterprises, Inc. (LF)<br />
8. JAKKS Pacific, Inc. (JAKK)<br />
9. RC2 Corporation (RCRC)
At first, the dolls did not look innocent because of the heavy<br />
makeup on their faces. Mattel® changed this problem by<br />
advertising and eliminating or editing the less popular features.<br />
For instance, Mattel® gave <strong>Barbie</strong>® a softer skin tone and new<br />
hair, which was a bubble-cut. 12 <strong>The</strong> doll, officially named<br />
“<strong>Barbie</strong>® Teenage Fashion Model” in the false hope that<br />
making her a teenager desexualized her, debuted at 1959’s Toy<br />
Fair and was a “crashing bomb,” according to the New York<br />
Times. Buyers – again, all men – immediately objected to the<br />
doll’s breasts, which were unlike anything the industry had<br />
seen before. 13 A then-unprecedented $12,000 market-research<br />
test also found mothers hating the doll, even though girls loved<br />
her. <strong>The</strong> Handlers, disappointed but resigned, grudgingly<br />
lowered their sales projections and reduced their factory orders<br />
further. 14 That turned out to be a huge mistake because Ruth<br />
Handler had been right all along. In 1959, Mattel® sold 351,000<br />
<strong>Barbie</strong> dolls at $3 apiece, making the doll a smash hit. Mattel®<br />
added factory capacity and warehouse space and couldn’t keep<br />
up the demand for the next three years. 15<br />
<strong>Barbie</strong>® in the 1960s–1980s<br />
By 1961, Ken® was released and became <strong>Barbie</strong>®’s boyfriend. In<br />
1967, <strong>Barbie</strong>® acquired eyelashes, a rotating waist, and bent<br />
legs. <strong>The</strong> sixties were times of protests, marijuana smoking,<br />
and rebellion. Instead of showing <strong>Barbie</strong> as a negative role<br />
model for children, Mattel® kept her away from the rebellion,<br />
but up with the items. She began to dress in the mini skirts,<br />
wear dangle earrings, and gogo boots. Also, to keep up with the<br />
times on issues of racial equality, Mattel® released a black<br />
version of <strong>Barbie</strong>® in 1967, named “Colored Francie”. Francie<br />
did not do very well on the market. This could have been<br />
because parents were just not ready to show diversity to their<br />
children during that time period. 16<br />
In 1971, during the sexual revolution, <strong>Barbie</strong>®’s look changed.<br />
Until the 1970s her eyes were cast down to one side, giving her<br />
a pure, innocent look. <strong>The</strong>y were gradually changed to eyes<br />
looking almost straight ahead, which gave a look of more<br />
confidence. Also in the 1970s, changes were needed in <strong>Barbie</strong>®<br />
because Mattel® was going bankrupt and the Handlers had to<br />
leave the company. She acquired a grin in 1975 and a<br />
permanent smile in 1977. 17<br />
In 1985, <strong>Barbie</strong>® portrayed a yuppie lifestyle with her “Day and<br />
Night” theme and her many accessories represented the high<br />
consumption lifestyle. She had her dream house, completely<br />
furnished, a racy sports car, and a wardrobe that expanded<br />
almost every day. 18 Graduate <strong>Barbie</strong>® showed that <strong>Barbie</strong>®<br />
now was educated. <strong>Barbie</strong>® also began not to be confined to<br />
just her sports car and dream house. Mattel® released<br />
“Astronaut <strong>Barbie</strong>®” in 1986 and “Dr. <strong>Barbie</strong>®” in 1988. In<br />
essence, according to her themes, she transformed and grew<br />
arthur w. page society<br />
from secretary to executive. Again, Mattel® tried to break<br />
<strong>Barbie</strong>®’s ethnic barrier by bringing in different <strong>Barbie</strong>s from<br />
different backgrounds, 19 including a Hispanic doll, <strong>The</strong>resa®<br />
(1988), and an Asian friend, Lia® (1990). 20<br />
Exhibit 2: Exerpts from Mattel® Press Releases<br />
<strong>The</strong> Storybook Romance Comes To An End For <strong>Barbie</strong>®<br />
And Ken® <strong>The</strong> Break-Up of the Millennium for the “Doll” of a<br />
Couple<br />
MALIBU, Calif. (February 12, 2004) – After more than 43<br />
years together, Hollywood’s quintessential “doll” of a couple,<br />
<strong>Barbie</strong>® and Ken®, have decided to spend some time apart.<br />
Although <strong>Barbie</strong>® has befriended some of the world’s most<br />
famous celebrities, from popular boy bands to super secret<br />
agent spies, Ken® always remained her #1 sweetheart. 77<br />
<strong>The</strong> Original Cali Girl Finds A New Man From Land<br />
Down Under <strong>Barbie</strong>® Names Hot Australian Hunk As Her<br />
New Beau<br />
MALIBU, Calif. (June 29, 2004) – Since the <strong>Barbie</strong>® and<br />
Ken® February break-up, over the past few weeks, more<br />
than two million girls worldwide logged on to <strong>Barbie</strong>.com to<br />
help <strong>Barbie</strong>® choose a new beau, and Blaine doll is the<br />
undisputed winner78 <strong>Barbie</strong>® Announces A Surprise Bid For <strong>The</strong> 2004<br />
Presidency <strong>Barbie</strong>® To Represent Popular “Party of Girls”<br />
EL SEGUNDO, Calif. (August 12, 2004) – As the 2004 race to<br />
the White House heats up, the current Presidential<br />
candidates received an unexpected announcement today:<br />
<strong>Barbie</strong>® is joining the race, representing the “Party of<br />
Girls!” 79<br />
Ken® Wants <strong>Barbie</strong>® Back .Hollywood’s Insiders Spotted<br />
Giving Advice to America’s Beloved Leading Man, Fueling<br />
Rumors of a Total Makeover<br />
EL SEGUNDO, Calif. (October 21, 2005) – A year and a half<br />
after the shocking split of the world’s most quintessential<br />
“doll” of a couple, sources say Ken® is determined to win<br />
back his lifelong love, <strong>Barbie</strong>®. Single since their very public<br />
breakup in February 2004, America’s favorite “arm candy”<br />
has recently been seen in Los Angeles, talking to A-list<br />
celebrity stylists Phillip Bloch and Illya Knight and stoking<br />
speculation that he is in search of a new “look.”<br />
Steve Altese of Us Weekly’s Fashion Police dished, “He<br />
should possibly consider eyelid surgery. <strong>The</strong> Ken® I know<br />
hasn’t blinked in 20 years. I’m a little concerned. Maybe he<br />
could just have one eye worked on so he can wink at<br />
<strong>Barbie</strong>®.”<br />
To give Ken® more pointers on how he should look and what<br />
he should do to get <strong>Barbie</strong>® back, today, his biggest fans<br />
and foes – girls logged on to <strong>Barbie</strong>.com – began to voice<br />
their opinions. 80<br />
5
6<br />
<strong>The</strong> Influence of <strong>Barbie</strong>® Dolls on Children<br />
<strong>The</strong> <strong>Barbie</strong>® discourse is riddled with conflicting pedagogies.<br />
While <strong>Barbie</strong>® is idolized as a role model for young girls, an<br />
icon of American culture, a model of aesthetic perfection and a<br />
cultural icon of heterosexual femininity, <strong>Barbie</strong>® is on the<br />
other hand despised by feminists and child educators for being<br />
a tool of racism and sexism, and a contemporary epitome of<br />
the cult of thinness. 21 <strong>Barbie</strong>®’s measurements are projected as<br />
39-21-33 22, 39-18-33 23, 36-18-33 24, 38-18-34 25 or 33-18-31 26,<br />
depending on the source. Mattel® claims that <strong>Barbie</strong>® is “not<br />
scaled to human measurements.” 27<br />
Kuther (2004) 28 describes that there has been “a great deal of<br />
debate over the influence of <strong>Barbie</strong>® dolls on girls’ developing<br />
self-concept and body image.” She conducted two qualitative<br />
studies in the U.S. to gather information about early<br />
adolescents’ experiences with, and perspectives on <strong>Barbie</strong>®.<br />
In the first study, focus groups with twenty 6th-grade girls<br />
suggested that they have ambiguous feelings toward the doll<br />
and the feminine sexualized image <strong>Barbie</strong>® represents. <strong>The</strong><br />
second study gathered essay responses from fifty 7th and 8thgrade<br />
boys and girls regarding their experiences with and<br />
opinions on <strong>Barbie</strong>® dolls.<br />
Participants reported both positive and negative feelings<br />
toward the doll and its influence on girls’ development.<br />
<strong>Barbie</strong>® dolls were pervasive in the experiences of both the<br />
young adolescent girls and boys surveyed. While girls generally<br />
reported imaginative play with <strong>Barbie</strong>® dolls, boys tended to<br />
report destructive play and the disfiguring of <strong>Barbie</strong>®. <strong>The</strong><br />
girls’ reported experiences supporting the notion that play with<br />
<strong>Barbie</strong>® entails enacting adult social scripts, and perhaps<br />
shaping girls’ developing self-concept through the<br />
internalization of stereotyped feminine scripts (cf. Kline: 1993<br />
and Koste: 1995).<br />
During late childhood and early adolescence, imaginative play<br />
with <strong>Barbie</strong>® dolls became less appealing, and many girls<br />
reported disfiguring and damaging the dolls. Referring to<br />
Turkel (1998), Kuther (2004) explains that destructive play can<br />
function “as a means of expressing anger and fantasy deemed<br />
inappropriate for public expression. <strong>The</strong> disfigured <strong>Barbie</strong>® doll<br />
may represent girls’ views about their developing feminine self.”<br />
In the U.K., Nairn (2005) describes the destructive play with<br />
<strong>Barbie</strong>® of 7-11 year old girls as a normal rite of passage and a<br />
rejection of their past. When groups of junior school children<br />
were asked about <strong>Barbie</strong>®, the doll provoked rejection, hatred<br />
and violence. “<strong>The</strong> meaning of ’<strong>Barbie</strong>®’ went beyond an<br />
expressed antipathy; actual physical violence and torture<br />
towards the doll was repeatedly reported, quite gleefully, across<br />
age, school and gender.”“Of all of the products we asked the<br />
arthur w. page society<br />
children to describe as ’cool’ or ’not cool’, <strong>Barbie</strong>® aroused the<br />
most complex and violent emotions.” <strong>The</strong>y see <strong>Barbie</strong>® torture<br />
as a legitimate and cool play activity. “<strong>The</strong> types of mutilation<br />
are varied and creative, and range from removing the hair to<br />
decapitation, burning, breaking and even microwaving.” 29<br />
Analyses of the children’s comments indicated that <strong>Barbie</strong>® is<br />
hated because she is ’babyish’, ’unfashionable’, ’plastic’, has<br />
multiple selves and because she is a feminine icon. “<strong>The</strong> most<br />
readily expressed reason for rejecting <strong>Barbie</strong>® was that she was<br />
babyish, and girls saw her as representing their younger<br />
childhood out of which they felt they had now grown.” 30<br />
Role of other players<br />
Opposition<br />
Body Shop: Ruby, the Anti-<strong>Barbie</strong>®<br />
Body care retailer store <strong>The</strong> Body Shop created Ruby, “the<br />
Anti-<strong>Barbie</strong>®” in 1996 and launched the self-esteem campaign<br />
worldwide in 1997/1998 (see Exhibits 4 and 5). Her<br />
rubenesque figure graced windows in <strong>The</strong> Body Shop along<br />
with the slogan, “<strong>The</strong>re are 3 billion women who don’t look<br />
Exhibit 3: <strong>The</strong> Mattel® <strong>Barbie</strong>® Doll 81<br />
First <strong>Barbie</strong> ® Doll (1959) Silken Flame (1962)<br />
<strong>Barbie</strong> ®’s Car (1978) World of <strong>Barbie</strong> ® (2000s)
like supermodels and only 8 who do.” <strong>The</strong> doll was intended to<br />
challenge stereotypes of beauty and counter the pervasive<br />
influence of the cosmetics industry and kick-started a<br />
worldwide debate about body image and self-esteem. 31<br />
Dove®: Campaign for Real Beauty:<br />
“Real Women Have Real Curves”<br />
In 2005, the Unilever brand Dove® created the “Campaign for<br />
Real Beauty” (see Exhibit 6) with “Real Women Have Real<br />
Curves” as its tagline. <strong>The</strong> company published <strong>The</strong> Dove®<br />
Report: Challenging Beauty and launched an ad campaign<br />
featuring six women with real bodies. <strong>The</strong>y also established the<br />
Dove® Self-Esteem Fund. In the official Dove® Report, a “10country<br />
study of more than 3,200 women that Unilever<br />
conducted with Harvard University and the London School of<br />
Economics” 32,experts discussed the recent deconstruction of<br />
the beauty myth.<br />
In the 1990s, the female beauty ideal looked like <strong>Barbie</strong>®: tall,<br />
young, thin, blonde, Caucasian, and large-breasted. Meanwhile,<br />
research established that women felt a lowered sense of selfesteem<br />
when they read fashion magazines and saw models<br />
than when they did not. Recently “women’s attitudes toward<br />
beauty have undergone a marked, and measurable, sea change.<br />
Women have largely taken apart in their own minds the “ideal”<br />
that is imposed on them, and done some creative thinking to<br />
work out for themselves a comfortable, affirming new “beauty<br />
philosophy” that is a far cry from the rigid exclusive beauty<br />
ideal of the recent past 33 In the Dove® study, expert Naomi<br />
Wolf even launched a direct attack on <strong>Barbie</strong>®: “if I were<br />
betting on culture as a form of stocks, I would get out of skinny<br />
<strong>Barbie</strong>® and into multi-ethnic, imaginative Bratz dolls.” 34<br />
<strong>The</strong> first phase of the campaign consisted of a series of outdoor<br />
billboards and print ads that featured nontraditional beauties<br />
and challenged viewers to vote on each image – wrinkled or<br />
wonderful, fat or fit, freckled or fabulous. 35 Dove® then set out<br />
Exhibit 5: <strong>The</strong> Body Shop “Ruby” Campaign 82<br />
“Ruby” Advertisements<br />
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to sponsor the Oprah Winfrey show and the campaign was<br />
endorsed by Oprah Winfrey herself: the influential talk show<br />
host invited “the Dove® Women” to her studio for an<br />
interview 36 (see Exhibit 6) In addition, <strong>The</strong> Dove® Self-Esteem<br />
Fund offered a variety of workshop materials to boost the selfesteem<br />
and body image of girls and boys aged 8–14. In the<br />
BodyTalk materials, an entire activity sheet was devoted to<br />
“Playing with beauty: <strong>Barbie</strong>® and Ken® – are they just funinspiring<br />
dolls?” (see Exhibit 7)<br />
Nike®: “What Story Does Your Body Tell?”<br />
<strong>The</strong> latest company to join in on the “challenge beauty” trend<br />
in 2005 was Nike® with its “What Story Does Your Body Tell?”<br />
campaign 37 ,often dubbed the “Big Butts, Thunder Thighs and<br />
Tomboy Knees” campaign (see Exhibit 8). <strong>The</strong> ads were<br />
authoritative and bold, with a bit of humor. <strong>The</strong> six different<br />
images represented six different parts of the body. <strong>The</strong>re were<br />
no TV executions in the campaign, which was designed to<br />
drive the audience to NikeWomen.com and, ultimately, its<br />
fitness apparel. <strong>The</strong> Nike® Women website featured “short<br />
films of women discussing topics such as their bodies and<br />
working out..” 38<br />
Adios<strong>Barbie</strong>.com: A Body Image Site for Every Body<br />
Numerous independent websites were created in the past years<br />
to boost the self-esteem and body image of girls and women.<br />
For instance, Adios<strong>Barbie</strong>.com, 39 created by women who<br />
struggled with their body image, contains a great number of<br />
anti-<strong>Barbie</strong> messages. “<strong>The</strong> goal of Adios<strong>Barbie</strong>.com is not to<br />
make girls who are naturally thin or blonde feel invisible.<br />
<strong>Barbie</strong>® is just a symbol of the quest for an impossible, plastic<br />
perfection.” In other words, the editors of this website blamed<br />
<strong>Barbie</strong>® for the beauty ideal that caused problems for the body<br />
image and self-esteem of many women and thus foster anti-<br />
<strong>Barbie</strong> feelings by encouraging people to say “Adios” to <strong>Barbie</strong>®.<br />
7
8<br />
Exhibit 5: <strong>The</strong> Body Shop “Ruby” Campaign 82<br />
Ruby’s profile on <strong>The</strong> Body Shop Australia website<br />
Activate Self Esteem Rubenesque<br />
Ruby is <strong>The</strong><br />
Body Shop<br />
mascot for<br />
activating<br />
self esteem.<br />
Ruby Profile<br />
RUBENESQUE RUBY’S CV<br />
Date of Birth September 1996<br />
Place of Birth On an Apple Macintosh, Soho,<br />
London (Photoshop and Illustrator<br />
package). It was a difficult labour<br />
but she turned out just gorgeous.<br />
Spiritual Birthplace Anita Roddick’s office, <strong>The</strong> Body<br />
Shop International, Littlehampton,<br />
West Sussex<br />
Current Residence None. Constantly travelling.<br />
Education Mistress of Arts in Celebrating<br />
Beauty In Diversity. Professor of<br />
Self-Expression. Post-graduate<br />
Degree in World Beauty.<br />
Status Informed, educated, challenging<br />
and always speaks her mind.<br />
No Dependents<br />
Current partner Was seeing Kenneth for a while, but<br />
found him to be too much of a<br />
himbo. Now seeking plastic partner<br />
with brains and personality, and a<br />
proper package instead of a bump.<br />
Campaign Experience Ruby has dedicated her life towards<br />
the pursuit of equality and the<br />
celebration of all types of beauty.<br />
First featured in <strong>The</strong> Body Shop<br />
inaugural issue of Full Voice on<br />
body image and self-esteem; has<br />
recently appeared in the issue on<br />
Body Image and Ageing. Helps to<br />
personify <strong>The</strong> Body Shop<br />
’Redefinition of Beauty’.<br />
Hobbies Campaigning, late night debates<br />
with her slender colleagues.<br />
© <strong>The</strong> Body Shop 2005<br />
Competitors: Bratz Dolls<br />
Not only curve-friendly campaigns that foster anti-<strong>Barbie</strong>®<br />
feelings are responsible for the 30% decrease in U.S. <strong>Barbie</strong>®<br />
sales in 2005. In 2001, MGA Entertainment introduced the<br />
Bratz dolls. Bratz racked up $2.5 billion in global sales of<br />
dolls and related merchandise in 2004, putting it close behind<br />
the $3 billion <strong>Barbie</strong>® franchise, and Bratz sales are up about<br />
40% so far in 2005. 40 According Isaac Larian, founder of<br />
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toymaker MGA Entertainment Inc. and father of the Bratz<br />
dolls, “Kids don’t want to play with <strong>Barbie</strong>s® anymore.” 41<br />
Bratz dolls are more realistically shaped than <strong>Barbie</strong>®:<br />
curvier and shorter (see Exhibit 7). “If <strong>Barbie</strong>® were a real<br />
woman, she would stand 6 foot 2 and most likely would be<br />
unable to stand because of her tiny waist and large bust. By<br />
contrast, if Bratz were real girls, they would stand about 5<br />
foot 6 and sport bodies that look more like entertainers<br />
Beyonce Knowles and Jennifer Lopez than the Amazon stance<br />
of <strong>Barbie</strong>.” 42 In addition, the Bratz dolls display none of the<br />
“role modeling” <strong>Barbie</strong>® did for decades. “Bratz don’t have<br />
careers per se, or at least their clothes don’t reflect that. Instead,<br />
the dolls’ clothing and accessories are knockoffs of the fashions<br />
young girls see – and want – in the real world or on channels<br />
such as MTV and BET. <strong>The</strong> girls decide what they want their<br />
dolls to be when they grow up or if they just want to hang out<br />
and try on clothes. <strong>The</strong>re was no rule book on what was<br />
appropriate for these young girls, no role model of what they<br />
should be or shouldn’t be.” 43<br />
Bratz are far more in keeping with the new worldview for<br />
girls and women than <strong>Barbie</strong>®, despite Mattel®’s best efforts to<br />
keep <strong>Barbie</strong>®’s image up with the fast-changing roles of<br />
women. “<strong>Barbie</strong>® did advance as women advanced. She had a<br />
doctor’s outfit, she went into space. But she was still blonde<br />
and blue-eyed when a majority of girls in the U.S. and the<br />
world were not. She still followed stereotypes of women.<br />
Where <strong>Barbie</strong>® represented the past, Bratz represents at least<br />
one view of the present and quite possibly some insight into<br />
the future of where women and girls are headed. It is a future<br />
where young girls don’t need their dolls to show them the<br />
career choices they have open to them. <strong>The</strong>y already know they<br />
can choose any career and pursue it. It’s a future where the<br />
rules about the size and shape of women’s bodies, and how<br />
women express their sexuality, are far broader and more open.” 44<br />
Parody/Homage of <strong>Barbie</strong>®<br />
On the music scene, the Danish pop-dance group Aqua<br />
released a song called “<strong>Barbie</strong>® Girl” in 1997. It contained lyrics<br />
such as “You can brush my hair/Undress me everywhere” and<br />
used graphics similar to the pink <strong>Barbie</strong>® logo. Mattel® used<br />
this as grounds for a trademark infringement and defamation<br />
lawsuit filed on September 11, 1997. However, it was dismissed<br />
by the court as parody on May 15, 1998.” 45<br />
In the field of advertising, “a commercial by automobile<br />
company Nissan featured dolls similar to <strong>Barbie</strong>® and Ken®<br />
driving in a toy car was the subject of another lawsuit on<br />
September 18, 1997.” 46
In the fine arts (see Exhibit 11), “Thomas Forsythe, a Utahbased<br />
professional photographer, created photos called “Food<br />
Chain <strong>Barbie</strong>®” to criticize the objectification of women and<br />
the impossible beauty myth the <strong>Barbie</strong>® dolls represent.<br />
Forsythe’s photographs show the doll in various imaginative<br />
and often sexualized positions. Some like “Mixer Fun” depict<br />
<strong>Barbie</strong>® being attacked by kitchen appliances. Others like<br />
“<strong>Barbie</strong>® Enchiladas” show the doll wrapped in tortillas and<br />
covered with salsa in a casserole dish in a lit oven.” 47<br />
Responses by Mattel®<br />
Response to Reality: Decrease in <strong>Barbie</strong>® Sales<br />
When Mattel® realized that <strong>Barbie</strong>® was mostly being bought<br />
by girls aged three to seven, the company decided to purchase<br />
the Pleasant Company® in 1998 because Mattel® also wanted<br />
to stay the premier girls consumer product company for girls<br />
of ages seven to twelve: “<strong>The</strong> American Girl® brand is the<br />
Exhibit 6: <strong>The</strong> Dove® “Campaign for Real Beauty”<br />
Screen shot of welcome page of Dove ®’s<br />
“Campaign for Real Beauty” website 83<br />
<strong>The</strong> Dove ® Women on the Oprah Winfrey Show 84<br />
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second largest girls brand in the world and is targeted to girls<br />
ages seven through twelve. <strong>Barbie</strong>®, the number one girls<br />
fashion doll brand, is targeted to girls ages three to seven.” 48<br />
Other actions used by Mattel® over the years included the<br />
following: In 1999, Mattel® launched a series of “Girl Power<br />
ads” featuring a small pink <strong>Barbie</strong>® logo and “slogans like<br />
“Girls rule” and “Be anything”, clearly gleaned from the<br />
feminist-inspired girls’ movement. 49 Also in 1999, at <strong>Barbie</strong>®’s<br />
40th anniversary, Mattel® announced its “Ambassadors of<br />
Dreams” Program and a three-year partnership with Girls Inc.,<br />
a non-profit service organization that was formerly the Girls<br />
Club of America. <strong>The</strong> mission of Girls Inc., which has 350,000<br />
members nationwide, is to “inspire girls to be strong, smart,<br />
and bold young women.” 50<br />
A few months before the Sydney Olympic Games in 2000,<br />
Mattel® released Swimming Champion <strong>Barbie</strong> and let fivetime<br />
Olympic Gold Medal Winner Jenny Thompson launch<br />
her into the YMCA Pool in New York “to inspire girls, once<br />
again, to dream of becoming world class athletes”. 51 Also in<br />
2000, Mattel® released President 2000 <strong>Barbie</strong> and announced<br />
that <strong>Barbie</strong>® was going to run for President of the United<br />
States. She hit the campaign trail – exclusively at Toys “R” Us<br />
stores – with a nationwide movement aimed at inspiring young<br />
people to become educated about their right to vote and<br />
emphasizing the importance of women in politics in a<br />
partnership with Girls Incorporated and <strong>The</strong> White House<br />
Project. 52<br />
In 2001, Mattel® launched Spanish-language website<br />
<strong>Barbie</strong>Latina.com. 53 Also in 2001, Mattel® entered into two<br />
world-wide licensing agreements with interactive industry<br />
leaders Vivendi Universal Publishing and THQ for the<br />
development and publishing of gaming, educational, and<br />
productivity software based on Mattel®’s cache of power<br />
brands, including <strong>Barbie</strong>® and American Girl 54 Also in 2001,<br />
<strong>Barbie</strong>® starred in her first feature-length computer-generated<br />
imagery (CGI) production, “<strong>Barbie</strong>® in the Nutcracker”. 55<br />
In 2004, Mattel® announced a new strategy for <strong>Barbie</strong>®: the<br />
<strong>Barbie</strong>® world would come to life through storytelling. Mattel®<br />
had the plan of turning “the toy industry’s traditional toy<br />
manufacturing model on its head by writing the stories first,<br />
and then creating dolls and toys to play out the stories.” For<br />
older girls, Mattel® took a more visual approach with a 44minute<br />
<strong>Barbie</strong> DVD, a funky magazine, CDs and partnerships<br />
with hip fashion retailers like Sephora and Levi’s. For younger<br />
girls, Mattel® brought the stories to life with pop-up books and<br />
rich story “maps.” Each of these value-added content<br />
components was be included in the toy packages to encourage<br />
cross-selling and deeper purchase.<br />
9
10<br />
In talking with girls, Mattel® confirmed that girls aspire to<br />
different things at different ages. Younger girls aspired to a<br />
world of fantasy and imagination, while older girls wanted<br />
authentic fashion and real-world experience. For older girls,<br />
the MyScene dolls celebrated the key times in a teenager’s<br />
life, fulfilling aspirational play patterns for tween girls as they<br />
aspired to a realistic teen lifestyle. And, the Cali Girl dolls<br />
reinvented the swimsuit doll segment with <strong>Barbie</strong>® doll and<br />
friends living it up in California style. 56<br />
Two days before Valentine’s day, February 12, 2004, Mattel®<br />
announced the Break-Up of <strong>Barbie</strong>® and Ken®. 57 A few<br />
months later in the summer of 2004, Mattel® told the world<br />
Exhibit 7: <strong>The</strong> Dove ® “Campaign for Real Beauty”<br />
Activity Sheet 2.4 – “Playing with beauty<br />
<strong>Barbie</strong> ® and Ken ® – are they just fun-inspiring dolls?”<br />
• <strong>Barbie</strong>s’s waist is the same diameter as her head.<br />
• Her neck is twice as long as an average human’s.<br />
Her legs are 50% longer than her arms. For an<br />
average woman they would be about 20% longer.<br />
• Keeping hip measurements constant, here is what<br />
young healthy adults would need to change to<br />
match the same proporttions as <strong>Barbie</strong> and Ken.<br />
Woman vs. <strong>Barbie</strong> Man vs. Ken<br />
Height + 61 cm + 51 cm<br />
Waist _ 15 cm + 25 cm<br />
Chest + 13 cm + 28 cm<br />
Neck length + 8 cm<br />
Neck + 20 cm<br />
circumference<br />
Source: Int. Journal of Eating Disorders, Vol. 18, No. 3, 1995 © John<br />
Wiley & Sons, Inc.<br />
Look at how Ken’s body shape has evolved.<br />
1960s 1970s / 1980s 1990s / 2000s<br />
Q1. Why do you think <strong>Barbie</strong> and Ken<br />
are shaped the way they are?<br />
Q2. Do you think we are influenced by<br />
the shapes of the toys we play<br />
with? Why do you think this?<br />
Evolution of Ken II © Albert Crudo<br />
<strong>Barbie</strong> ® and Ken ® – are they just fun-inspiring dolls?” 85<br />
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that <strong>Barbie</strong>® found a new beau: the surfer Blaine® from<br />
Australia. 58 <strong>The</strong> same summer, Mattel® announced <strong>Barbie</strong>®’s<br />
surprise bid for the 2004 presidency: 59 (see Exhibit 2) That<br />
same year the Mattel® brand was extended with an increased<br />
emphasis on <strong>Barbie</strong>® Style, the growing apparel and accessories<br />
business. <strong>The</strong> company announced the releases of the first-ever<br />
<strong>Barbie</strong>® fragrance in a partnership with PUIG Beauty and<br />
Fashion Group, 60 Cali Girl <strong>Barbie</strong>® with a new pedicure<br />
from LA’s Hottest Mani/Pedi Salon – <strong>The</strong> Paint Shop. 61<br />
In 2005, Mattel® announced the introduction of <strong>Barbie</strong> Hair<br />
Care, a full line of salon-quality products designed for girls of<br />
all ages in a partnership with MZB Personal Care, 62 the<br />
“<strong>Barbie</strong>® Live in Fairytopia!” and Spring 2006 Live Stage<br />
Tour in a collaboration with Clear Channel Entertainment<br />
Productions, 63 the release of the My Scene Goes Hollywood<br />
Direct-To-Video Animated Movie 64 among other smaller<br />
initiatives.<br />
But undoubtedly the two most important announcements<br />
came in the fall of 2005. First, the announcement of the<br />
<strong>Barbie</strong>® Luxe Collection, in which top fashion designers<br />
partnered with the <strong>Barbie</strong> brand to launch the adult<br />
collection <strong>Barbie</strong> Luxe. Anna Sui, Paper Denim & Cloth,<br />
Citizens of Humanity and Other Designers created a Limited<br />
Edition <strong>Barbie</strong> inspired, adult line of apparel and Accessory<br />
Items. “<strong>Barbie</strong>® appeals to ‘girls’ of all ages and <strong>Barbie</strong> Luxe is<br />
designed for women who grew up with <strong>Barbie</strong>® and told us<br />
that they want to incorporate the doll’s sense of unique fashion<br />
and beauty in a fun way.” 65 Later in 2005, Mattel® announced<br />
that Ken® is getting a total makeover to win <strong>Barbie</strong>® back. (see<br />
Exhibit 2) 66<br />
Over the past years, Mattel® also released several celebrity<br />
<strong>Barbie</strong>® dolls such as Brandy (2001), Hillary Duff (2004) and<br />
Lindsay Lohan (2005) as well as dolls based on movie<br />
characters such as Legally Blonde’s Elle Woods (Reese<br />
Witherspoon) (2003) and also dolls based on the stars of<br />
American Idol (2004) and (2005).<br />
Response to Anti-<strong>Barbie</strong>® Opposition:<br />
<strong>The</strong> Body Shop, Dove® and Nike®<br />
Instead of acknowledging the critique and starting a discussion<br />
with the opposing campaigns, Mattel decided to either simply<br />
ignore the critique or take the other party to court.<br />
In 1997, Mattel® announced that a few <strong>Barbie</strong> doll models<br />
would be receiving new measurements and it seemed that<br />
Mattel® was giving in to the critique by eating disorder activists
and anti-<strong>Barbie</strong> crusaders, but Mattel®’s intention was for her<br />
to have more of a teenage physique. In order for hip-huggers,<br />
the doll’s debut outfit, to look right, <strong>Barbie</strong>® needed to be more<br />
like a teen’s body. <strong>The</strong> fashions teens were wearing didn’t fit<br />
properly on <strong>Barbie</strong>®’s current sculpting. 67<br />
In 1998, Mattel® sent <strong>The</strong> Body Shop a cease-and-desist order,<br />
demanding they pull the images of Ruby from American shop<br />
windows. “Ruby was making <strong>Barbie</strong>® look bad, presumably by<br />
mocking the plastic twig-like bestseller.” According to <strong>The</strong><br />
Body Shop’s founder, Anita Roddick, the idea of one inanimate<br />
piece of molded plastic hurting another’s feelings was<br />
absolutely mind-blowing.” 68<br />
A FAQ posted on Mattel®’s consumer relations website<br />
acknowledged <strong>Barbie</strong>®’s measurements:<br />
<strong>Barbie</strong>® doll is not scaled to human measurements. <strong>The</strong><br />
<strong>Barbie</strong>® doll was developed after Mattel studied the<br />
popularity of paper fashion dolls (which had more<br />
adult-like figures than the dolls of the day) among<br />
children. Finding the marketplace receptive to the idea, a<br />
team of Mattel® employees translated the paper doll<br />
concept into a three dimensional doll with life-like<br />
characteristics. 69<br />
Exhibit 8: Nike®<br />
“What Story Does Your Body Tell?” Campaign<br />
Screen shot of Nike ® Women Campaign Websit 86<br />
“My Butt is Big” Story from the Nike ® Ad Campaign 87<br />
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As of yet, Mattel® has not officially responded to the Dove® and<br />
Nike® campaign ads launched in 2005. <strong>The</strong>re have been no<br />
mentions of the campaigns in Mattel® and <strong>Barbie</strong>® press releases<br />
and Mattel® spokespeople have not officially commented on<br />
the campaigns. Mattel® has not started lawsuits either, most<br />
likely because the campaigns indirectly attack <strong>Barbie</strong>®’s beauty<br />
ideal, as opposed to <strong>The</strong> Body Shop Ruby campaign.<br />
Response to Competition: Bratz<br />
Mattel®’s initial response to Bratz was so slow and<br />
ineffective. This was due to the company’s internal challenges<br />
such as the catastrophic acquisition of the Learning Company<br />
distracting management as well as its disinclination to change<br />
its key product. Long-running successes such as the <strong>Barbie</strong>®<br />
doll can make managers at large companies such as Mattel®<br />
near-sighted: “Focused on a mainstay product, they tend to<br />
ignore fresh information that diverges from their accepted<br />
norm in three basic areas: marketplace trends, the interests of<br />
target consumers, and threats from competitors.” 70<br />
Due to Mattel®’s decisions and actions in the <strong>Barbie</strong>® – Bratz<br />
battle, Mattel® found itself again in a few lawsuits. On April 13,<br />
2005, Isaac Larian, the creator of Bratz sued Mattel® in<br />
federal court, accusing the world’s largest toymaker of unfair<br />
competition, intellectual property infringement, and “serial<br />
copycatting.” <strong>The</strong> suit claimed that Mattel®’s My Scene and<br />
Flava (see Exhibit 10) <strong>Barbie</strong>® dolls “mimic the look, themes,<br />
and packaging of Bratz. It also alleges that Mattel® has<br />
threatened retailers and licensees with retribution if they do<br />
business with MGA Entertainment and that Mattel® tried to<br />
lock up the supply of doll hair.” Suits such as these are difficult<br />
to win because the plaintiff has to prove that shoppers were<br />
confused and that its business suffered. Mattel® said it would<br />
vigorously defend itself and considered this suit retaliation for<br />
its own legal claim: that doll designer Carter Bryant came up<br />
with the idea for Bratz while still working at Mattel®. 71<br />
Response to Parody/Homage:<br />
Music, Advertising and Fine Arts<br />
Instead of engaging in a meaningful discussion about <strong>Barbie</strong>®<br />
in the media, it seems that Mattel® again only uses the strategy<br />
of taking the other party to court. In the case of the following<br />
three cases of parody, this strategy obviously did not work.<br />
First, Mattel® filed a trademark infringement and defamation<br />
lawsuit on September 11, 1997 against Aqua’s song “<strong>Barbie</strong>®<br />
Girl” in which the Danish band used lyrics such as “You can<br />
brush my hair/Undress me everywhere” and used graphics<br />
similar to the pink <strong>Barbie</strong>® logo. This lawsuit was dismissed by<br />
the court as parody on May 15, 1998. 72<br />
11
12<br />
Second, in the field of advertising, “a commercial by<br />
automobile company Nissan featured dolls similar to <strong>Barbie</strong>®<br />
and Ken® driving in a toy car was the subject of another lawsuit<br />
on September 18, 1997.” 73 Again, Mattel® lost the lawsuit.<br />
Most recently, Mattel® sued a photographer. Although<br />
Forsythe’s “Food Chain <strong>Barbie</strong>®” photos Of <strong>Barbie</strong>® generated<br />
only $3,600 in revenues, Mattel® sued him for copyright<br />
infringement but Forsythe successfully argued to the district<br />
court that his photographs were fair use under the Copyright<br />
Act. “<strong>The</strong> Ninth Circuit Court of Appeals affirmed that result.<br />
<strong>The</strong> court stated that “Mattel® brought objectively<br />
unreasonable claims against an individual artist. <strong>The</strong> court also<br />
found that Forsythe’s defense advanced the Copyright Act by<br />
more clearly defining the boundaries of fair use parodies and<br />
by encouraging further creative works of this kind. <strong>The</strong> court<br />
ordered Mattel® to pay Forsythe’s legal fees of $1.8 million and<br />
his court costs of $241,000. Forsythe advises that Mattel® has<br />
now paid in full.” 75<br />
Friedman’s Dilemma<br />
arthur w. page society<br />
As Neil B. Friedman took on the leadership of the Mattel®<br />
Brand unit and the <strong>Barbie</strong>® product line in particular, he was<br />
faced with a dilemma:<br />
Would he continue on Mattel®’s defensive and conservative<br />
path and follow a protective approach whenever a threat<br />
occurred? In the recent past Mattel® had been faced with<br />
decreasing <strong>Barbie</strong>® sales, anti-<strong>Barbie</strong>® campaigns launched by<br />
<strong>The</strong> Body Shop, Dove® and Nike®, competition from other<br />
doll lines such as Bratz and the use of <strong>Barbie</strong>® in<br />
parodies/homages in music, advertising and the fine arts.<br />
Mattel® responded to these “threats“ in a very protective<br />
manner by refusing to adapt <strong>Barbie</strong>® to the new beauty ideal or<br />
by starting lawsuits. Mattel® saw the image and reputation of<br />
<strong>Barbie</strong>® as one of its biggest strengths, something the company<br />
and PR strategists were not willing to give up easily.<br />
Exhibit 9: <strong>The</strong> MGA Entertainment Bratz dolls 88 Exhibit 10: <strong>The</strong> Mattel Flava and My Scene Dolls 89<br />
Mattel’s Flava Dolls<br />
Mattel’s My Scene Dolls
Or would he decide to offer a more substantial answer to an<br />
anti-<strong>Barbie</strong>® climate with decreased sales, opposition,<br />
competition and parodies of <strong>Barbie</strong>®, a climate in which<br />
research described destructive play with <strong>Barbie</strong>® as a normal<br />
step in childhood development. If he was given the necessary<br />
autonomy and freedom to lead the Mattel® unit and <strong>Barbie</strong>®<br />
product line, Friedman could have decided to approach these<br />
anti-<strong>Barbie</strong>® tendencies no longer as threats but rather start<br />
interpreting them as opportunities for <strong>Barbie</strong>®. Opportunities<br />
Mattel® can learn from to adapt <strong>Barbie</strong>® to today’s trends in<br />
order to reverse the opinions of children and parents to<br />
become pro-<strong>Barbie</strong>®.<br />
Exhibit 11: Tom Forsythe’s “Food Chain <strong>Barbie</strong>®” 90<br />
Fondue for Three<br />
Mellow Yellow<br />
arthur w. page society<br />
It is early to say which direction Friedman is going to follow<br />
because earlier decisions taken by Mattel® such as the Ken®<br />
makeover and the <strong>Barbie</strong> Luxe Fashion line have been<br />
realized the first months after Friedman’s promotion. Still, it is<br />
very likely Friedman will be forced to opt for the first option of<br />
continuing on the same path unless he receives sufficient<br />
autonomy and freedom from Mattel® to transform <strong>Barbie</strong>®<br />
and accordingly provide a more substantial response to the<br />
current anti-<strong>Barbie</strong> climate.<br />
Mixer Fun<br />
BIBLIOGRAPHY<br />
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http://www.shareholder.com/mattel/news/20041220-150816.cfm<br />
Mattel Inc. Press Release “THERE’S A NEW BOUNCE TO BARBIE?”<br />
http://www.shareholder.com/mattel/news/20050506-162803.cfm<br />
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Fairytopia!” http://www.shareholder.com/mattel/news/20050622-166745.cfm<br />
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NJ: Rutgers University Press, 1994. 21-40<br />
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31 2005<br />
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ENDNOTES<br />
1. Stanley, T.L. (2005) “<strong>Barbie</strong> hits the skids.” In Advertising Age 76 no44 Front Cover,<br />
33 (October 31, 2005)<br />
2. Berry, Kate. (2004) “Turnaround whiz hits wall as Bratz take a bite out of <strong>Barbie</strong>” In<br />
Los Angeles Business Journal (May 31, 2004)<br />
3. Vincent, Roger (2005) “<strong>Barbie</strong> Chief Leaves Mattel in Shake-Up” In Los Angeles<br />
Times (October 11, 2005)<br />
4. Stanley, T.L. (2005) “<strong>Barbie</strong> hits the skids.” In Advertising Age 76 no44 Front Cover,<br />
33 (October 31, 2005)<br />
5. Stanley, T.L. (2005) “<strong>Barbie</strong> hits the skids.” In Advertising Age 76 no44 Front Cover,<br />
33 (October 31, 2005)<br />
6. Lukas, Paul. Fortune Magazine April 2003. “Mattel: Toy Story”<br />
http://www.fortune.com/fortune/smallbusiness/articles/0,15114,433766-1,00.html<br />
7 Lord, M.G. (1994) Forever <strong>Barbie</strong>. William Morrow: New York<br />
8. Johnson, Kristi (1996) “<strong>The</strong> <strong>Barbie</strong> Doll as an Artifact of Suburbia”<br />
http://www.otal.umd.edu/~vg/mssp96/ms07/project1.htm<br />
9. Lukas, Paul. Fortune Magazine. “Mattel: Toy Story”<br />
http://www.fortune.com/fortune/smallbusiness/articles/0,15114,433766-1,00.html<br />
10. Ibid.<br />
11. Johnson, Kristi. “<strong>The</strong> <strong>Barbie</strong> Doll as an Artifact of Suburbia”<br />
http://www.otal.umd.edu/~vg/mssp96/ms07/project1.htm<br />
12. Ibid.<br />
13. Lukas, Paul. Fortune Magazine. “Mattel: Toy Story”<br />
http://www.fortune.com/fortune/smallbusiness/articles/0,15114,433766-1,00.html<br />
14. Ibid.<br />
15. Ibid.<br />
16. Johnson, Kristi. “<strong>The</strong> <strong>Barbie</strong> Doll as an Artifact of Suburbia”<br />
http://www.otal.umd.edu/~vg/mssp96/ms07/project1.htm<br />
17. Ibid.
18. Ibid.<br />
19. Ibid.<br />
20. Mattel, Inc. Press Release “<strong>The</strong> <strong>Barbie</strong>® Doll Story”<br />
http://www.shareholder.com/mattel/news/20020428-79139.cfm<br />
21. Bell, Mebbie (2004) “<strong>The</strong>re’s Something about <strong>Barbie</strong>.” In JCT, v. 20 no2 (Summer<br />
2004) p.53-64<br />
22. Lukas, Paul. Fortune Magazine. “Mattel: Toy Story”<br />
http://www.fortune.com/fortune/smallbusiness/articles/0,15114,433766-1,00.html<br />
23. Warner, Fara (2005) “Toppling <strong>Barbie</strong>: Bratz Predict the Future.” In <strong>The</strong> Power of<br />
the Purse: How Smart Companies are Adapting to the World's Most Important<br />
Consumers—Women, Chapter Eight.<br />
http://www.thepowerofthepurse.com/Warner_CH08.pdf<br />
24. O’Sickey, Ingeborg Majer. “<strong>Barbie</strong> Magazine and the Aesthetic Commodification of<br />
Girls’ Bodies.” On Fashion. Ed. Shari Benstock and Suzanne Ferriss. New<br />
Brunswick, NJ: Rutgers University Press, 1994. 21-40<br />
25. BBC News (November 18, 1997) http://news.bbc.co.uk/1/hi/business/32312.stm<br />
26. <strong>The</strong> 1997 Dubious Data Awards - STATS annual compilation of the most<br />
misleading, misreported, or misunderstood science and statistical stories of 1997:<br />
Runner-up “It’s a <strong>Barbie</strong> World”http://www.stats.org/record.jsp?type=news&ID=162<br />
27. Mattel Consumer Relations Answer Center – FAQ<br />
http://service.mattel.com/us/faq_results.asp?SearchString=&category=7&product_<br />
number=H0998&faq<strong>Page</strong>=1&faq_id=52093<br />
28. Kuther, Tara L. (2004) “Early Adolescents' Experiences with, and Views of, <strong>Barbie</strong>.”<br />
In Adolescence, v. 39 (Spring 2004) p. 39-51.<br />
29. Nairn, Agnes (2005) “‘Babyish’ <strong>Barbie</strong> under attack from little girls, study shows”<br />
Press Release University of Bath (19 December 2005)<br />
30. Ibid.<br />
31. Roddick, Anita (2001) “Dispatch: Ruby, the Anti-<strong>Barbie</strong>”<br />
http://www.anitaroddick.com/readmore.php?sid=13<br />
32. Daniel, Diann (2005) “Real Beauty = Real Sales?”<br />
http://www.cmomagazine.com/read/current/real_beauty.html<br />
33. <strong>The</strong> Dove Report: Challenging Beauty<br />
http://www.campaignforrealbeauty.com/uploadedFiles/challenging_beauty.pdf<br />
34. Ibid. <strong>The</strong> Dove Report<br />
35. Daniel, Diann (2005) “Real Beauty = Real Sales?”<br />
http://www.cmomagazine.com/read/current/real_beauty.html<br />
36. http://www2.oprah.com/tows/slide/200509/20050922/slide_20050922_<br />
284_105.jhtml<br />
37. http://nikewomen.nike.com/nikewomen/us/index.jhtml?ref=global_home#body<br />
38. Adage.com (August 15, 2005) “Nike Steers Advertising Toward Reality Anatomy”<br />
adage.com/news.cms?newsId=45798<br />
39. Adios<strong>Barbie</strong>.com A Body Image Site for Every Body<br />
http://www.adiosbarbie.com/journal/index.html<br />
40. Stanley, T.L. (2005) “<strong>Barbie</strong> hits the skids.” In Advertising Age 76 no44 Front Cover,<br />
33 O 31 2005<br />
41. Palmeri, Christopher (2005) “Hair-Pulling In <strong>The</strong> Dollhouse” In BusinessWeek<br />
Online, May 2, 2005.<br />
http://www.businessweek.com/magazine/content/05_18/b3931096.htm<br />
42. Warner, Fara (2005) “Toppling <strong>Barbie</strong>: Bratz Predict the Future.” In <strong>The</strong> Power of<br />
the Purse: How Smart Companies are Adapting to the World's Most Important<br />
Consumers—Women, Chapter Eight.<br />
http://www.thepowerofthepurse.com/Warner_CH08.pdf<br />
43. Ibid.<br />
44. Ibid.<br />
45. http://en.wikipedia.org/wiki/<strong>Barbie</strong>#Parodies_and_lawsuits<br />
46. Ibid.<br />
47. Berger, Andrew “<strong>The</strong> Mattel <strong>Case</strong>” EP Resources – Legal News You Can Use<br />
http://www.editorialphoto.com/resources/legalnews-parody.asp<br />
48. Mattel, Inc. “Mattel History”<br />
http://www.mattel.com/About_Us/History/mattel_history.pdf<br />
49. Edut, Ophira (1999) “<strong>Barbie</strong> Girls Rule?”<br />
http://www.adiosbarbie.com/bology/bology_barbiead.html<br />
50. Ibid. Mattel Inc. Press Release “<strong>Barbie</strong> Doll Gala Kicks off Year-Long Celebration;<br />
An All-Star Salute to the <strong>Barbie</strong> Doll's 40th Anniversary”<br />
http://www.shareholder.com/mattel/news/19990207-54237.cfm<br />
51. Mattel Inc. Press Release “Swimming Champion® <strong>Barbie</strong>® Makes An Olympic<br />
Splash” http://www.shareholder.com/mattel/news/20000418-43136.cfm<br />
52. Mattel Inc. Press Release “Move Over Al And George, She's Running For President”<br />
http://www.shareholder.com/mattel/news/20000419-43138.cfm<br />
arthur w. page society<br />
53. Mattel Inc. Press Release “Bienvenida, <strong>Barbie</strong>Latina.com!"<br />
http://www.shareholder.com/mattel/news/20011002-60543.cfm<br />
54. Mattel, Inc. “Mattel History”<br />
http://www.mattel.com/About_Us/History/mattel_history.pdf<br />
55. Ibid.<br />
56. Mattel Inc. Press Release “Girls Choose <strong>Barbie</strong>® ... Two To One Over Competition”<br />
http://www.shareholder.com/mattel/news/20040206-128295.cfm<br />
57. Mattel Inc. Press Release “<strong>The</strong> Storybook Romance Comes To An End For <strong>Barbie</strong><br />
And Ken” http://www.shareholder.com/mattel/news/20040212-128705.cfm<br />
58. Mattel Inc. Press Release “<strong>The</strong> Original Cali Girl Finds A New Man From Land<br />
Down Under” http://www.shareholder.com/mattel/news/20040629-137999.cfm<br />
59. Mattel Inc. Press Release “<strong>Barbie</strong>® Announces A Surprise Bid For <strong>The</strong> 2004<br />
Presidency” http://www.shareholder.com/mattel/news/20040812-141478.cfm<br />
60. Mattel Inc. Press Release “AHHHH! THE SWEET SMELL OF BARBIE® SUCCESS!”<br />
http://www.shareholder.com/mattel/news/20050506-162801.cfm<br />
61. Mattel Inc. Press Release “<strong>Barbie</strong>® Doll's Toe-Tal Makeovera [sic]”<br />
http://www.shareholder.com/mattel/news/20041220-150816.cfm<br />
62. Mattel Inc. Press Release “THERE'S A NEW BOUNCE TO BARBIE?”<br />
http://www.shareholder.com/mattel/news/20050506-162803.cfm<br />
63. Mattel Inc. Press Release “<strong>Barbie</strong>® Takes the Stage for the First Time in "<strong>Barbie</strong> Live<br />
in Fairytopia!” http://www.shareholder.com/mattel/news/20050622-166745.cfm<br />
64. Mattel Inc. Press Release “My Scene Goes Hollywood “<br />
http://www.shareholder.com/mattel/news/20050830-171679.cfm<br />
65. Mattel Inc. Press Release “Top Fashion Designers Partner With <strong>Barbie</strong> Brand To<br />
Launch Adult Collection <strong>Barbie</strong> Luxe”<br />
http://www.shareholder.com/mattel/news/20051018-176951.cfm<br />
66. Mattel Inc. Press Release “Ken® Wants <strong>Barbie</strong>® Back”<br />
http://www.shareholder.com/mattel/news/20051021-177013.cfm<br />
67. Jervis, Lisa (1997) “<strong>Barbie</strong>'s New Bod, BFD”<br />
http://www.motherjones.com/commentary/columns/1997/12/jervis.html<br />
68. Roddick, Anita (2001) “Dispatch: Ruby, the Anti-<strong>Barbie</strong>”<br />
http://www.anitaroddick.com/readmore.php?sid=13<br />
69. Mattel Consumer Relations Answer Center – FAQ<br />
http://service.mattel.com/us/faq_results.asp?SearchString=&category=7&product_<br />
number=H0998&faq<strong>Page</strong>=1&faq_id=52093<br />
70. Duvall, Mel and Kim S. Nash (2005) “Mattel: How <strong>Barbie</strong> Lost Her Groove” In<br />
Baseline, August 4, 2005.<br />
http://www.baselinemag.com/print_article2/0,1217,a=157196,00.asp<br />
71. Palmeri, Christopher (2005) “Hair-Pulling In <strong>The</strong> Dollhouse” In BusinessWeek<br />
Online, May 2, 2005.<br />
http://www.businessweek.com/magazine/content/05_18/b3931096.htm<br />
72. http://en.wikipedia.org/wiki/<strong>Barbie</strong>#Parodies_and_lawsuits<br />
73. Ibid.<br />
74. http://www.omm.com/webcode/navigate.asp?nodehandle=31&idContent=1760<br />
75. Berger, Andrew “<strong>The</strong> Mattel <strong>Case</strong>” EP Resources – Legal News You Can Use<br />
http://www.editorialphoto.com/resources/legalnews-parody.asp<br />
76. Yahoo! Finance “Toys & Games Industry Profile”<br />
http://biz.yahoo.com/ic/profile/740_1207.html<br />
77. Mattel Inc. Press Release “<strong>The</strong> Storybook Romance Comes To An End For <strong>Barbie</strong><br />
And Ken” http://www.shareholder.com/mattel/news/20040212-128705.cfm<br />
78. Mattel Inc. Press Release “<strong>The</strong> Original Cali Girl Finds A New Man From Land<br />
Down Under” http://www.shareholder.com/mattel/news/20040629-137999.cfm<br />
79. Mattel Inc. Press Release “<strong>Barbie</strong>® Announces A Surprise Bid For <strong>The</strong> 2004<br />
Presidency” http://www.shareholder.com/mattel/news/20040812-141478.cfm<br />
80. Mattel Inc. Press Release “Ken® Wants <strong>Barbie</strong>® Back”<br />
http://www.shareholder.com/mattel/news/20051021-177013.cfm<br />
81. http://www.world-of-barbie.de/presse.htm<br />
82. http://www.thebodyshop.com.au/ourValues.cfm?pageID=29<br />
83. http://campaignforrealbeauty.com<br />
84. http://www2.oprah.com/tows/slide/200509/20050922/slide_20050922_284_105.jhtml<br />
85. http://www.campaignforrealbeauty.com/dsef/pdfs/BodyTalk_Excerpt.pdf<br />
86. http://nikewomen.nike.com/nikewomen/us/index.jhtml?ref=global_home#body<br />
87. Traister, Rebecca (2005) “Thigh the Beloved Country”<br />
http://www.salon.com/mwt/feature/2005/08/18/nike_ads/<br />
88. “New Dolls Appeal to Irresponsible Parents”<br />
http://www.slyskunk.com/Bratz,%20Flavas,%20MyScene%20Dolls.htm<br />
89. Ibid.<br />
90. http://www.ncac.org/store/forsythephotos.htm<br />
15
16<br />
WINNING ENTRIES – BUSINESS SCHOOLS<br />
first place<br />
Daniel J. Pozen<br />
Faculty Adviser: Paul Argenti<br />
Tuck School of Business<br />
Dartmouth College<br />
Managing a Crisis in Financial Services:<br />
Putnam Investments 2003-2004<br />
On November 3, 2003 Charles “Ed” Haldeman sat in his<br />
office at Putnam Investments’ downtown Boston<br />
headquarters considering the scope of what would<br />
undoubtedly be the biggest challenge of his 30-year career in<br />
money-management. Haldeman had earned a reputation as<br />
a turnaround specialist among industry insiders for his work<br />
as CEO of Delaware Investments between 1999 and 2002 by<br />
engineering a dramatic improvement in the relative<br />
performance of Delaware funds in just two years. But,<br />
Putnam was managing $272 billion, almost three times as<br />
much as Delaware, and its problems ran much deeper than<br />
simply investment performance.<br />
Earlier that Monday, Haldeman was promoted from co-Chief<br />
Investment Officer to CEO. He replaced Lawrence Lasser, one<br />
of the industry’s highest profile executives. Lasser’s 18-year<br />
tenure at Putnam came to an abrupt end just days earlier as<br />
the firm faced allegations by the SEC and the Massachusetts<br />
Secretary of State that some of Putnam’s portfolio managers<br />
engaged in market timing: a rapid-fire trading scheme<br />
designed to profit from stale mutual fund prices. In the week<br />
between the allegations becoming public and Lasser’s dismissal,<br />
Putnam fired two senior portfolio managers and public<br />
pension funds withdrew $4 billion from Putnam funds.<br />
A market-timing scandal, if handled improperly, could<br />
exacerbate Putnam’s recent sub-standard investment<br />
performance by causing a devastating outflow of assets and<br />
irreparable damage to its corporate image, far beyond what<br />
had already taken place. Haldeman strongly believed that<br />
reputation was the single most important determinant of<br />
success in the money management business. Moreover, the<br />
trust Putnam had built with individual and institutional<br />
investors over decades could be destroyed instantly by a<br />
arthur w. page society<br />
scandal involving legal and ethical violations. 1 Sensing that his<br />
company’s future depended on his immediate course of action,<br />
Haldeman set out to restore Putnam’s image as a trustworthy<br />
money manager that deserved to return to its familiar position<br />
among the leaders of the mutual fund industry.<br />
Putnam Investments<br />
Background<br />
Putnam Investments was founded in 1937 by the greatgrandson<br />
of the Massachusetts Supreme Court Justice,<br />
Samuel Putnam, who helped establish the legal framework<br />
for the money management industry. George Putnam based<br />
the firm’s investment philosophy on his great-grandfather’s<br />
legacy –<strong>The</strong> Prudent Man Rule – and its edict that “those with<br />
the responsibility to invest money for others should act with<br />
prudence, discretion, intelligence, and regard for the safety of<br />
capital as well as for income.” 2 In 1970, Putnam became a<br />
wholly-owned subsidiary of Marsh & McLennan, a global<br />
insurance company with annual revenues in excess of $12<br />
billion.<br />
Putnam’s investment products were sold to individual<br />
investors through brokers and other financial intermediaries<br />
that recommend Putnam funds based on past performance<br />
and reputation. In contrast, other fund companies such as<br />
Fidelity sell their funds directly to individual investors and do<br />
not rely on a middle-man to assist in the sales and marketing<br />
effort. “<strong>The</strong> people who put their money into Putnam’s<br />
funds are not the firm’s real customers.” 3 Putnam’s funds<br />
span the style (growth & value), cap (large & small) and<br />
geographic (domestic & international) spectrum.<br />
<strong>The</strong> views and conclusions expressed in this case study are solely those of the author based on the author’s review of the cited materials and the<br />
interviews conducted by the author, and are not necessarily the views of the author’s academic institution or those of Putnam investments.
<strong>The</strong> Lasser Years<br />
Prior to Lasser’s stewardship which began in 1985, Putnam<br />
was regarded as stodgy and conservative in its approach to<br />
money management. Under Lasser, however, the firm<br />
experienced tremendous growth. Between 1993 and 1999<br />
alone, assets under management grew 33% compounded<br />
annually from $90 billion to $391 billion, outpacing the S&P<br />
500 which grew 26% compounded over the same time<br />
period. “Truth in labeling,” the firm’s rallying cry, affirmed a<br />
commitment to style specific products (i.e., growth funds<br />
only investing in growth stocks, small cap funds in small<br />
stocks etc.) that resonated strongly with investors<br />
and investment advisors. In the late 1990’s, the<br />
firm also rode the Internet bubble, betting<br />
heavily on technology and telecommunications<br />
stocks in many of its funds. Portfolio managers<br />
of popular growth funds like OTC Emerging<br />
Growth became Wall St. celebrities because of<br />
their spectacular performance (+127% in 1999)<br />
and received gaudy compensation packages.<br />
Lasser himself was routinely one of the best paid<br />
executives in the industry, taking home over $100 million<br />
between 1998 and 2003. Critics viewed the compensation of<br />
Lasser and others as emblematic of a much broader problem<br />
– a developing culture of corporate greed that came at the<br />
expense of individual investors. According to a December<br />
2003 article in Money magazine:<br />
“<strong>The</strong> firm embraced one of Wall Street’s oldest and<br />
most cynical sayings: ‘When the ducks quack, feed ‘em.’<br />
Putnam began selling any fund that gave – or appeared<br />
to give – investors what they wanted, regardless of<br />
whether it was a prudent, intelligent or safe way to<br />
invest. <strong>The</strong> firm pandered to the worst instincts of<br />
investors – and to the brokers who are supposed to<br />
help those investors.” 4<br />
Post-Technology Boom Problems<br />
When the technology bubble burst in 2000, Putnam fell hard.<br />
Assets under management were cut by 36%, far worse than<br />
the 14% decline in the S&P during that time period. <strong>The</strong><br />
move from $391 billion at the end of 1999 to $250 billion at<br />
the end of 2002 prompted the firing of the very portfolio<br />
managers whose bets on technology fueled the firm’s growth<br />
just two years prior. Even Lasser’s compensation package<br />
was slashed –declining from $30 million in 2001 to $10<br />
million in 2002. 5 While Putnam remained the nation’s fifth<br />
largest mutual fund manager, the company’s revered run had<br />
come to an end. <strong>The</strong> more the negative consequences of<br />
arthur w. page society<br />
such aggressive growth tactics became evident, the more<br />
Putnam’s credibility within the investment community was<br />
called into question.<br />
Ed Haldeman, formerly CEO of Delaware Investments, was<br />
hired as co-Chief Investment Officer in 2002 to right the ship.<br />
He was charged with the responsibility of overhauling the<br />
investment division, getting performance back on track and<br />
restoring Putnam’s image as a prudent, trust-worthy<br />
investment manager. Both inside and outside the company, it<br />
was commonly assumed that Haldeman would eventually<br />
succeed Lasser as the CEO of Putnam.<br />
Company Position Dates<br />
Putnam Investments Chief Executive Officer 2003–present<br />
Putnam Investments Chief Investment Officer 2002–2003<br />
Delaware Investments Chief Executive Officer 2000–2002<br />
United Asset Management President & Chief Operating Officer 1998–2000<br />
Cooke & Bieler Inc. Partner and Director 1974–1998<br />
Market Timing in Mutual Funds<br />
Mutual Fund Pricing<br />
<strong>The</strong> price of a mutual fund measures the value of the assets<br />
(stocks or bonds) that it owns. Unlike stocks, whose prices<br />
are continuously updated, a mutual fund’s price is updated<br />
once per day, at 4pm in New York, to capture the day’s<br />
movements up or down of the securities owned in that fund.<br />
Because many international markets close well ahead of 4pm<br />
EST, the value the international securities are assigned in that<br />
fund will not reflect the latest US market activity. Insofar as<br />
the prices of international stocks are affected by movements<br />
in the US stock market, investors can profit from this “stale<br />
pricing” in mutual funds holding a significant number of<br />
international securities.<br />
International Fund A owns exclusively shares of<br />
Japanese electronics companies whose performance can<br />
be largely predicted by sales of Intel microprocessors.<br />
On Tuesday at 9am EST, Intel reports that its 4th<br />
Quarter sales were well above expectations. Based on<br />
these results, market timers buy International Fund A<br />
because they expect the Japanese stocks it owns will<br />
react favorably when the Tokyo market opens on<br />
Wednesday. This favorable reaction, however, will not<br />
be captured in the price of International Fund A on<br />
Tuesday, but will be captured when the US market<br />
closes on Wednesday.<br />
17
18<br />
Defining Market Timing<br />
Mutual funds are required to file semi-annual reports that<br />
disclose, within 45-days of the reporting date, their top-ten<br />
holdings as well as their weightings in various countries and<br />
sectors. Based on this information, common investors can<br />
market time mutual funds by performing simple regression<br />
analyses. Portfolio managers know more than the public –<br />
the exact composition of their portfolios at any given time.<br />
It is not clear whether this non-public information allows<br />
portfolio managers to be better market-timers than the<br />
public. In either case, however, portfolio managers have the<br />
ability to market time mutual funds in an attempt to secure<br />
profits at artificially low risk levels.<br />
This market timing affects common shareholders in multiple<br />
ways. First, mutual funds must have sufficient cash reserves<br />
to fund liquidations when they arise. Funds that are<br />
frequently market-timed, therefore, must have artificially<br />
high cash balances. This cash will be a “drag” on the fund’s<br />
performance in a rising stock market. Second, there are<br />
transaction costs every time a portfolio buys or sells stocks.<br />
<strong>The</strong>se transactions costs are borne by all shareholders. If a<br />
manager is forced to buy and sell stocks to respond to a<br />
market timer’s buying and selling, transaction costs of a fund<br />
will increase and its total return will decrease. 6 Finally, the<br />
profits of a market-timer come directly out of the pockets of<br />
the fund’s other investors. A market-timer, if successful, is<br />
buying securities from the fund investors when they are<br />
underpriced and selling securities to the fund investors when<br />
they are overpriced.<br />
Regulating Market Timing<br />
Although the negative effects of market-timing have become<br />
better understood, the SEC does not provide a specific<br />
definition of market-timing and it is not technically illegal.*<br />
Portfolio managers are allowed, and often encouraged, to<br />
invest money in their own mutual funds to align their<br />
interests with common investors and demonstrate conviction<br />
in their product. Prior to 2003, virtually all mutual fund<br />
prospectuses addressed excessive trading. Putnam<br />
International Voyager fund’s prospectus, since renamed<br />
International Capital Opportunities, for instance, said the<br />
fund ‘is not intended as a vehicle for short-term trading.<br />
Excessive exchange activity may interfere with portfolio<br />
management and have an adverse effect on all shareholders.’” 7<br />
arthur w. page society<br />
Market Timing Across the<br />
Mutual Fund Industry<br />
Putnam was one of many firms with market-timing issues.<br />
Other prominent fund companies including Alliance Capital,<br />
Janus Capital and Massachusetts Financial Services were also<br />
alleged to have participated in some variation of markettiming.<br />
In all, Morningstar, the fund research firm, listed 22<br />
fund companies as having market-timing issues over a three<br />
year period. 8 Each of these firms, like Putnam, stated in their<br />
respective fund prospectuses that market-timing or excessive<br />
trading was inconsistent with the funds’ long-term<br />
investment objectives.<br />
Alliance Capital<br />
Alliance Capital, a New-York based investment firm,<br />
managed approximately $440 billion in the fall of 2003.<br />
“At their height in 2003, Alliance Capital arranged over $600<br />
million in market timing in its mutual funds. Its single<br />
biggest timer, Daniel Calugar, peaked at $220 million of<br />
timing capacity in certain mutual funds; in exchange, Mr.<br />
Calugar invested in hedge funds run by some of the same<br />
portfolio managers overseeing the mutual funds. For<br />
example, Alliance Capital granted Calugar $150 million<br />
timing capacity (the right to make multiple roundtrip trades<br />
up to $150 million each) in the AllianceBernstein Technology<br />
Fund in return for a $30 million investment – a 5:1 ratio – in<br />
a hedge fund managed by the same portfolio managers.” 9<br />
Janus Capital Management (JCM)<br />
Janus Capital, a Denver-based investment firm, managed<br />
approximately $140 billion in the fall of 2003. “Between<br />
November 2001 and September 2003, JCM entered into or<br />
maintained agreements with 12 Market Timers that allowed<br />
those entities to “market time” mutual funds for which JCM<br />
was the investment adviser. <strong>The</strong>se agreements permitted the<br />
Market Timers to trade far more frequently than other<br />
shareholders and, in some cases, to make frequent trades of<br />
up to tens of millions of dollars each in the mutual funds.<br />
JCM usually negotiated a certain number of “round trips”<br />
allowed within a given time frame and a maximum dollar<br />
amount for each exchange.” 10<br />
*Market timing should not be confused with late trading which, in contrast to market timing, is illegal. Late trading occurs when fund<br />
investors are allowed to buy and sell mutual funds after 4pm EST at the prior day’s closing price. Late traders, if successful, are able trade<br />
funds at stale prices no longer available to the public or reflective of the value of the fund and earn profits at artificially low risk levels.
Massachusetts Financial Services (MFS)<br />
MFS, a Boston-based firm, managed approximately $140<br />
billion as of 2003. “Beginning at least as early as July 2001,<br />
MFS routinely provided certain broker-dealers with its<br />
internal policy allowing market timing in the Unrestricted<br />
Funds, and routinely directed known market timers to the<br />
Unrestricted Funds.” 11<br />
Allegations of Market Timing at Putnam<br />
In November 2003, the SEC and the State of Massachusetts<br />
filed formal complaints alleging market timing at Putnam.<br />
“At least six Putnam employees who worked as<br />
investment management professionals engaged in<br />
excessive short-term trading of Putnam mutual funds<br />
in their personal accounts. Four of those employees<br />
engaged in such trading in funds over which they had<br />
information regarding, among other things, portfolio<br />
holdings, valuations and transactions not readily<br />
available to all fund shareholders.”<br />
<strong>The</strong>se allegations focused on two key portfolio managers–one<br />
who was the head of international equities and the other who<br />
was a chief investment officer on the international team.<br />
Between 1998 and 2003, these portfolio managers executed<br />
numerous individual trades, often worth hundreds of<br />
thousands of dollars. In total, the managers were each<br />
accused of having made more than 30 “round-trip” trades,<br />
many of which involved sales on days immediately following<br />
buys. In all, the six employees (the two portfolio managers<br />
and four of their subordinates) were thought to have<br />
generated more than $1 million in profit from short-term<br />
trading Putnam funds.<br />
<strong>The</strong> SEC and the State of Massachusetts believe that Putnam<br />
learned of this trading activity in early 2000, but failed to take<br />
proper steps to address the misconduct. Most importantly,<br />
sufficient monitoring and control systems were not<br />
implemented to fully prevent employees from market timing<br />
Putnam funds. Evidence presented suggests that the<br />
aforementioned portfolio managers continued to rapidly<br />
move large sums of money in and out of their own funds<br />
through 2003 despite being admonished about the ethicality<br />
of such actions in 2000. <strong>The</strong>se portfolio managers, both of<br />
whom earned in excess of $5million on an annual basis, were<br />
neither reprimanded for their actions nor made to return the<br />
profits they had earned through market timing. Tim Cahill,<br />
the Treasurer of Massachusetts recalls being particularly<br />
arthur w. page society<br />
troubled because the head of international equities had<br />
received a promotion during the time period in question.<br />
This promotion was alarming because it took place after he<br />
was explicitly warned about his market timing activity. 12<br />
In separate charges, the State of Massachusetts also accused<br />
Putnam of allowing certain members of a large 401(k) plan<br />
to engage in excessive short-term trading of Putnam funds.<br />
Ten individuals were thought to have earned more than $1<br />
million in profit by taking advantage of stale mutual fund<br />
prices. After being made aware of this activity, Putnam<br />
allegedly took two-years to install measures that would<br />
prevent these clients from market timing Putnam funds.<br />
<strong>The</strong>se charges arguably put Putnam on par with its industry<br />
peers like Janus and Alliance who had also permitted market<br />
timing. Putnam allegedly tried to stop this type of client<br />
transaction whereas Janus and Alliance allegedly agreed with<br />
clients to market timing arrangements. But, “what<br />
distinguishes this case [Putnam] from other market-timing<br />
cases is that Putnam breached its fiduciary duty, by failing to<br />
disclose potentially self-dealing trading by its own portfolio<br />
managers.” 12<br />
Dealing with an Investigation<br />
Learning of the Problem<br />
On or about September 11, 2003, the SEC made its first<br />
request for documents (i.e., trading records) from Putnam<br />
regarding market timing by its own portfolio managers.<br />
“On September 16, the company’s nine most senior<br />
executives gathered in the late morning in a windowless<br />
eighth-floor conference room…Toward the end of the<br />
meeting, when the subject of money managers’<br />
frequent trading in 2000 came up, Haldeman shoved<br />
his chair back from the table in disgust, according to<br />
several witnesses. ’Maybe I’m just naïve, but I can’t<br />
imagine anyone in the investment management<br />
business would ever do something like this,’ he yelled.<br />
’<strong>The</strong>se people have to be fired.’” 14<br />
“When Putnam dug deeper into the employees’ trading<br />
record, it became clear that as far back as 2000, four<br />
money managers had taken advantage of big moves in<br />
US stock markets to profitably trade in and out of the<br />
very international mutual funds that they supervised.<br />
<strong>The</strong>ir profits came directly at the expense of long-term<br />
investors. Putnam at the time had ordered them to<br />
stop trading.” 15<br />
19
20<br />
Facing Complex Decisions<br />
After learning of the investigation, senior management faced<br />
a difficult decision. John Brown, Putnam’s head of<br />
institutional sales at the time, reflected on the complexity of<br />
the situation:<br />
“We were looking down the barrel of a gun. We could<br />
go to the market and our clients with our hands on our<br />
heart and tell them what we did was wrong. But, we<br />
did not have a clear understanding of what market<br />
timing was and the SEC offers no official definition. It<br />
was uncertain how many people were involved, how far<br />
back we should be looking or where these actions fell<br />
on both the legal and the ethical spectrum of right and<br />
wrong. We couldn’t just ruin peoples’ lives [by firing<br />
them] for something we had yet to fully make sense of.<br />
If we were going to admit guilt, we had to at least know<br />
what we were admitting to.” 16<br />
Recommendations varied widely. One person close to the<br />
firm called Putnam “crazy for addressing the issue<br />
publicly…this is a storm in a teacup that will disappear<br />
quickly.” Others, like Haldeman, were adamant about<br />
coming forward.<br />
For six weeks, Putnam’s senior management gathered<br />
information and wrestled both with how to handle the<br />
problem internally and manage external communications.<br />
<strong>The</strong>y considered the potential fallout from a business<br />
perspective. How much money would be pulled from<br />
Putnam funds if clients found out from the press rather than<br />
Putnam themselves? <strong>The</strong> answer was clear – the outflow<br />
would be devastating.<br />
Putnam tried hard to separate economics from ethics when it<br />
came to making a decision. 18 It was difficult to ignore,<br />
however, that Putnam had a heavy orientation toward growth<br />
stocks at the time, and growth was tanking. <strong>The</strong> international<br />
funds were among the only Putnam products that were<br />
performing reasonably well and it was the managers of these<br />
successful funds who were doing the market timing.<br />
Resolution<br />
Under Lasser’s leadership, Putnam’s initial attempt to resolve<br />
its market timing problem lacked decisiveness. Lasser asked<br />
Haldeman and his co-chief investment officer to negotiate<br />
with the portfolio managers and convince them to leave<br />
voluntarily. This directive, however, lacked urgency and the<br />
negotiations dragged. In a more certain declaration,<br />
Putnam’s board of trustees, in their monthly meeting in early<br />
October, determined that the portfolio managers should be<br />
arthur w. page society<br />
fired immediately and that investors be compensated for their<br />
losses. But, in relaying their message to Putnam executives,<br />
Lasser did not indicate any sense of immediacy. 19<br />
Finally, on October 23, when it was clear that SEC and MA<br />
complaints would be filed and the world would soon know of<br />
the alleged wrongdoings, Putnam issued a statement saying it<br />
would be firing four of the six money managers involved in<br />
the market timing. 20 But, the opportunity to communicate<br />
with investors proactively had been lost. <strong>The</strong> next morning,<br />
October 24th, a Boston Globe article read “6 At Putnam Tied<br />
to Prohibited Trades, 4 Money Managers Forced From Jobs.”<br />
In the week that followed, Putnam cleaned house. Lasser was<br />
asked to resign and Haldeman replaced him as CEO. AJC<br />
“Ian” Smith, former CEO of Marsh & McLennan, was<br />
appointed to chairman, a newly created position, in what<br />
many perceived as a move to help the parent company<br />
maintain a close eye on its prized but troubled subsidiary. In<br />
addition to Haldeman and Smith, Steven Spiegel, formerly<br />
Putnam’s head of global distribution, was named vice<br />
chairman – also a new position.<br />
Working with the Institutional Client Base<br />
Heading into the fall of 2003, Putnam had approximately<br />
$101 billion of institutional assets under management.<br />
Broadly, these assets fell into one of three categories:<br />
1) Public funds (state pension plans)<br />
2) Sophisticated private funds (IBM, GM)<br />
3) Consultant-advised private funds (small companies)<br />
Public Funds<br />
Public fund assets are typically run by popularly elected state<br />
treasurers whose expertise is generally not in portfolio<br />
management or asset allocation. Rather, treasurers are<br />
politicians – cost conscious, wary of expensive searches for<br />
investment managers and above all, concerned with<br />
re-election. On one hand, slow bureaucratic decision making<br />
and cost consciousness tend to make public fund assets<br />
relatively sticky. In a normal environment, frequent largescale<br />
movements of public fund assets are not common. On<br />
the other hand, re-election concerns create a hyper-sensitivity<br />
to issues of legality and ethicality. At the first sniff of<br />
wrongdoing, public fund assets move in droves as state<br />
treasurers try to avoid accusations of breaching their<br />
fiduciary responsibility.<br />
On October 31, 2003, the Massachusetts state pension fund<br />
withdrew approximately $1.8 billion from Putnam<br />
international and small cap portfolios. 21 Some of these assets
were already on a watch list for performance at the time, but<br />
the market timing scandal was the final catalyst to Putnam’s<br />
dismissal. State treasurers from around the country looked to<br />
the Massachusetts decision as an important benchmark<br />
because Putnam was a Boston-based company. When<br />
deciding to fire Putnam, MA state Treasurer Tim Cahill<br />
considered four key questions: 22<br />
1) Was Putnam’s investment performance satisfactory?<br />
2) Did they have a clear understanding of all ethically<br />
questionable trading activity that had taken place at<br />
the firm?<br />
3) Had they done enough to ensure that such actions<br />
would not take place in the future?<br />
4) Did they come clean and fully admit their wrongdoing?<br />
From Cahill’s perspective, there was no decision to be made<br />
about the $1 billion invested in the international portfolios<br />
where market timing took place. It had to be pulled. But, the<br />
state also had $800 million invested in small cap portfolios<br />
managed by Putnam that were not directly implicated in the<br />
trading scandal. If the questions regarding Putnam’s<br />
knowledge, response and accountability could be answered<br />
satisfactorily, perhaps these assets could remain with the<br />
company.<br />
At the time of the firing, Cahill also thought carefully about<br />
what criteria he would use to decide whether to rehire<br />
Putnam in the future. “If I was going to fire Putnam for<br />
issues surrounding performance, trust and accountability, I<br />
had to be willing to re-hire them for the same reasons. It was<br />
not fair to punish them forever.” 23 For Cahill, it was critical<br />
that Putnam not only improve its performance and protect<br />
against future wrongdoing, but also that the company make<br />
strides in changing their culture. He agreed with the critics<br />
who perceived Putnam’s “greed-oriented” culture as a<br />
contributor to both the market timing activity itself and the<br />
firm’s inability to handle it effectively. “I needed to see that<br />
they got it.” 24<br />
Sophisticated Private Funds<br />
Putnam regarded their large private fund clients as thought<br />
leaders in money management and asset allocation.<br />
Managers of these assets were focused on investment<br />
performance and, by the end of 2003, readily understood why<br />
market timing by portfolio managers was both unethical and<br />
arthur w. page society<br />
costly to fund shareholders. IBM, the first major private<br />
institution to pull its money from Putnam, regarded the<br />
firing decision as inevitable once the facts of the scandal<br />
became public. <strong>The</strong>re was little downside to moving their<br />
money to index funds while Putnam’s conduct was evaluated<br />
by regulators and the court of public opinion. 25<br />
<strong>The</strong> very largest plans (IBM, GM etc.) rarely used investment<br />
consultants* because they had large enough in-house staffs to<br />
do the investment work themselves. Nonetheless, they<br />
frequently leaned on the ratings of independent research<br />
firms like Wilshire and Russell. Because investments in buyrated<br />
funds stand up to scrutiny during times of substandard<br />
performance, these ratings served as an important<br />
guide-post for even the savviest of institutional managers.<br />
<strong>The</strong>se ratings are largely formulaic and they can be<br />
unforgiving. <strong>The</strong> departure of a senior investment<br />
professional results in an automatic ratings downgrade (i.e.,<br />
from “buy” to “hold”) in both the Wilshire and Russell<br />
measurement systems. <strong>The</strong> departure of two senior<br />
professionals, as was the case with Putnam, doubled the<br />
magnitude of the downgrade (i.e., from “buy” to “sell”).<br />
<strong>The</strong>refore, Putnam’s assets under management at<br />
sophisticated private funds were in serious jeopardy regardless<br />
of how forthrightly they addressed the market timing issue<br />
with their clients. “<strong>The</strong>y were going to leave us anyway. Our<br />
approach to communicating with them would only impact<br />
future fund flows, but the damage had been done.” 26<br />
Consultant-Advised Private Funds<br />
Many private funds use third party advisors such as<br />
Cambridge Associates to determine where to invest their<br />
money. Cambridge, much like the managers of large private<br />
funds, is focused on the mechanics of the investment process<br />
as an important indicator of quality in rating different<br />
mutual funds and managers. Accordingly, the departure of<br />
two senior portfolio managers will significantly impact<br />
Cambridge’s assessment of a particular mutual fund or fund<br />
company. Moreover, advisors are vulnerable to being sued<br />
for putting clients’ money into funds where legal violations<br />
have taken place. <strong>The</strong>refore, the near-term fallout would<br />
likely be severe in consultant advised funds regardless of<br />
Putnam’s handling of the crisis. Longer-term, consultants’<br />
assessment of Putnam funds would, at least in part, be<br />
determined by how they dealt with the market timing scandal.<br />
*Investment consultants act as independent third party advisors to assist institutions in the<br />
allocation of their investments. Consultants rate fund managers and suggest where their clients<br />
should invest their money (i.e., Putnam vs. Fidelity, stocks vs. bonds, domestic vs. international).<br />
21
22<br />
Working with the Retail Client Base<br />
In the fall of 2003, Putnam had approximately $171 billion in<br />
retail assets under management. This money was invested for<br />
individuals and small businesses primarily through<br />
independent brokers and advisors who managed their clients’<br />
money for a fee. Most of Putnam’s funds sold to individual<br />
investors at the time had significant front or back-end loads.<br />
Load funds charged a fee, often up to 7%, to purchase the<br />
mutual fund. <strong>The</strong>refore, most individuals moving their<br />
money out of the Putnam fund complex would suffer a<br />
significant financial penalty. This penalty should have made<br />
individuals less inclined to change mutual funds with great<br />
frequency.<br />
By definition, retail assets are distributed among a highly<br />
fragmented base of individual investors. As a result, retail<br />
asset flows will react to a scandal, but not in a one-time wave<br />
like on the institutional side. Don Phillips, Managing<br />
Director at Morningstar remarked on this dynamic -“While<br />
institutional assets exhibit a herd-like mentality, retail<br />
outflows can be like death by pin-prick.” 27<br />
Putnam’s poor investment performance between 2000 and<br />
2003 made it possible for the market timing scandal to have a<br />
substantial negative effect on the company’s retail asset base.<br />
With some funds losing 85% of their value from peak to<br />
trough, the Putnam name “had become mud with financial<br />
planners.” 28 Not surprisingly, this performance created a bad<br />
investment experience for individuals who, as a result, were<br />
more willing to think negatively about Putnam once the<br />
market timing scandal hit. 29<br />
For Roger Kalar, an independent investment advisor and<br />
long-time advocate of Putnam, trust was the most important<br />
variable in determining how to allocate his clients’ $60<br />
million. In his view, recovering assets lost as a result of the<br />
scandal was difficult and typically required 3–5 years (or truly<br />
great performance), but capturing a percentage of new<br />
money flows depended heavily on how a company responded<br />
to crisis. 30<br />
“I will give business to companies that realize they are<br />
in the customer service industry. Doing what is right<br />
for the customer never hurts anyone. What programs<br />
is Putnam putting in place to make sure this never<br />
happens again? Have they reached out to me to tell me<br />
how they are different? Have they cut their fees? Have<br />
they fallen on their sword, opened their kimono and<br />
righted the ship?” 31<br />
arthur w. page society<br />
In contrast to a state treasurer or the head of IBM’s pension<br />
plan, individual investors were not burdened by public<br />
opinion or fiduciary responsibility in justifying their<br />
investment decisions. Rather, performance and image were<br />
all that mattered. “Individual investors love to forgive and for<br />
them, the regulatory issues were all about image. Putnam still<br />
had one of the great names in the industry – it was and is a<br />
proven franchise. But, image is the biggest asset in the money<br />
management business and getting the spin right is key.” 32<br />
Working with Regulators<br />
By early November, both the SEC and the state of<br />
Massachusetts were conducting investigations into market<br />
timing at Putnam. Secretary of State William Galvin was in<br />
charge of how the state of Massachusetts responded to<br />
Putnam’s actions. “Our investigation yielded three key<br />
findings. First, market timing took place. Second, the<br />
company knew about it and did not do enough to stop it.<br />
Third, it was fairly pervasive throughout the firm.” 33 Galvin<br />
wanted to ensure that the size of the fine levied by the state<br />
reflected the seriousness of the firm’s conduct. Putnam’s level<br />
of cooperation in the investigation and demonstration of<br />
remorse for their actions was only marginally relevant in<br />
determining the outcome of whatever settlement would be<br />
reached. 34<br />
<strong>The</strong> SEC investigation undertook a very similar dynamic to<br />
that of the state of Massachusetts. On both the federal and<br />
state levels, the size of the fine and the language used in<br />
public documents were almost always the two most<br />
contentious issues in reaching a settlement with regulators.<br />
Specifically, how much would Putnam pay to atone for their<br />
sins and how would regulators characterize the activity that<br />
took place inside the Boston firm?<br />
Working with the Media<br />
By the time Haldeman took over as CEO on November 3rd,<br />
he had lost the opportunity to communicate proactively with<br />
the media. All future communications would be heavily<br />
informed by the company’s silence between when its<br />
executives were notified of the market timing in early<br />
September and when the story broke in the Boston Globe on<br />
October 24th. Andrew Caffrey, the Boston Globe’s lead<br />
finance reporter commented on this dynamic: “<strong>The</strong>y lost the<br />
ability to get out in front of this. <strong>The</strong>y were now<br />
communicating on a stage set by someone else.” 35<br />
In the media, Putnam had become a money-making<br />
bureaucracy, personalized only by Larry Lasser, its lavishly<br />
paid CEO. <strong>The</strong>ir initial response to the market timing<br />
scandal exacerbated Putnam’s “corporate” persona. <strong>The</strong> $1
million in profits made by the portfolio managers was<br />
relatively minor on the corporate scale for a company that<br />
managed hundreds of billions. It was clear, however, that a<br />
deeper appreciation for how this would look to the world and<br />
to the average retiree needed to be a central consideration in<br />
determining how to communicate going forward. “Putnam<br />
needed to reconcile the difference between the human scale<br />
and the corporate scale.” 36<br />
Haldeman’s Dilemma<br />
Ed Haldeman was acutely aware of the urgency of the crisis<br />
at-hand. His first actions as Putnam’s new CEO would have a<br />
profound impact on the future of the company. He<br />
understood the legal and logistical complexity of dealing with<br />
market timing, both internally and with regulators. At the<br />
same time, however, he had seen first hand how institutional<br />
and retail investors would pull money from Putnam based<br />
solely on image rather than some deep understanding of<br />
arcane trading strategies by a couple of international<br />
portfolio managers. <strong>The</strong> bottom line, Haldeman knew, was<br />
that Putnam stood to lose tens of billions of dollars before<br />
Christmas if he did not pull the right levers.<br />
Exhibit 1: Putnam Performance<br />
arthur w. page society<br />
A savvy industry veteran and turnaround specialist,<br />
Haldeman also considered the market timing scandal from a<br />
broader, more opportunistic perspective. Was there an<br />
opportunity to repair an investment division that had<br />
significantly underperformed its competitors over the last 2<br />
years? Could Putnam fundamentally change the culture of<br />
greed that had contributed to the current crisis? How could<br />
Putnam use the market timing scandal to position itself at the<br />
forefront of a mutual fund industry that would undoubtedly<br />
undergo major reform in the coming years? Haldeman knew<br />
that the best strategic and communications initiatives would<br />
both mitigate asset outflows in the near-term and restore the<br />
company to its leadership position over the long-term.<br />
<strong>Case</strong> Questions<br />
Putnam Investments: Assets Under Management 1994–2004<br />
Source: Fund Prospectus<br />
1. What are the key short and long-term problems<br />
Haldeman faces?<br />
2. What should Putnam’s communication strategy be going<br />
forward?<br />
3. How could Putnam have avoided this crisis and what<br />
could they have done to be better prepared for it in the<br />
future?<br />
4. How should Haldeman prioritize his communications and<br />
strategic initiatives? What specifically should Haldeman<br />
do in his first few days as CEO?<br />
23
24<br />
Exhibit 1: (continued) Putnam Performance<br />
Source: Fund Prospectus<br />
Putnam OTC Emerging Growth Vs. Benchmark 1997–2003<br />
OTC Emerging Growth OTC Emerging GrowthRussell Mid-Cap Growth<br />
Putnam International New Opprtunities Vs. Benchmark 1997–2003<br />
International New Opportunities Citigroup World Ex - US Growth<br />
arthur w. page society
Exhibit 2: Mutual Fund Industry Watch<br />
Fund Industry Investigation Update*<br />
Company Synopsis Company Synopsis<br />
*As of 11/22/2005<br />
Source: Morningstar Research<br />
Exhibit 3: Potential Solutions to Market Timing<br />
Source: <strong>Case</strong>-writer analysis<br />
Structural Measures to Prevent Market Timing<br />
Action Description Potential Impact<br />
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25
26<br />
Exhibit 4: Putnam Advertisements<br />
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arthur w. page society<br />
27
28<br />
BIBLIOGRAPHY<br />
Interviews:<br />
John Brown, Former Head of Institutional Sales–Putnam Investments, Hanover NH,<br />
October 20, 2005<br />
Andrew Caffrey, Boston Globe Finance Reporter, Hanover NH, October 7, 2005<br />
Tim Cahill, Treasurer of Massachusetts, Hanover NH, November 10, 2005<br />
William Galvin, Secretary of State – Massachusetts, Hanover NH, October 27, 2005<br />
Ed Haldeman, CEO–Putnam Investments, Hanover NH, October 14, 2005<br />
Roger Kalar, Independent Investment Advisor–Mutual Service Associates, Hanover NH,<br />
November 3, 2005<br />
Don Phillips, Managing–Morningstar, Hanover NH, October 25, 2005<br />
8. 22 November 2005, www.morningstar.com<br />
9 SEC Settlement Document, 18 December 2003<br />
10. SEC Settlement Document, 18 August 2004<br />
11. SEC Settlement Document, 5 February 2004<br />
12. Tim Cahill, Interview by the author, 10 November 2005<br />
13. Beth Healy, “Putnam Agrees to $110m Settlement,” Boston Globe, 9 April 2004: D1<br />
14. Caffrey, Boston Globe, 24 October 2003<br />
15. Caffrey, Boston Globe, 24 October 2003<br />
16. John Brown, Interview by the author, Hanover, NH, 20 October 2005<br />
17. Brown Interview, 20 October 2005<br />
18. Brown Interview, 20 October 2005<br />
19. Andrew Caffrey, “Deliberative Style was Chief’s Undoing,” Boston Globe, 30<br />
December 2003: A1<br />
20. Caffrey, “ Probe Raises Many Questions,” Boston Globe, 30 December 2003<br />
21. Andrew Caffrey, Boston Globe, 31 October 2003<br />
22. Cahill Interview, 10 November 2005<br />
23. Cahill Interview, 10 November 2005<br />
24. Cahill Interview, 10 November 2005<br />
25. Brown Interview, 20 October 2005<br />
26. Brown Interview, 20 October 2005<br />
27. Don Phillips, Interview by the author, 25 October 2005<br />
28. Phillips Interview, 25 October 2005<br />
2.9 Phillips Interview, 25 October 2005<br />
30. Roger Kalar, Interview by the author, 3 November 2005<br />
31. Kalar Interview, 3 November 2005<br />
32. Phillips Interview, 25 October 2005<br />
33. William Galvin, Interview by the author, 27 October 2005<br />
34. Galvin Interview, 27 October 2005<br />
35. Andrew Caffrey, Interview by the author, 7 October 2005<br />
36. Caffrey Interview, 7 October 2005<br />
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ENDNOTES<br />
1. Ed Haldeman, Interview by the author, Hanover, NH, 14 October 2005.<br />
2. Prudent Investor Act, Samuel Putnam, 1830<br />
3. Adrienne Carter, Amy Feldman and Jason Zweig, “Greed Machine,” Money, 1<br />
December 2003.<br />
4. Carter, Feldman and Zweig, “Greed Machine”<br />
5. Marsh Maclennan Annual Filings, 2000-2003<br />
6. Roberto Braceras, “Late Trading and Market Timing,” Review of Securities and<br />
Commodities Regulation, 14 April 2004<br />
7. Andrew Caffrey, “6 At Putnam Tied to Prohibited Trades,” Boston Globe, 24 October<br />
2003: A1<br />
8. 22 November 2005, www.morningstar.com<br />
9. SEC Settlement Document, 18 December 2003<br />
10. SEC Settlement Document, 18 August 2004<br />
11. SEC Settlement Document, 5 February 2004<br />
12. Tim Cahill, Interview by the author, 10 November 2005<br />
13. Beth Healy, “Putnam Agrees to $110m Settlement,” Boston Globe, 9 April 2004: D1<br />
14. Caffrey, Boston Globe, 24 October 2003<br />
15. Caffrey, Boston Globe, 24 October 2003<br />
16. John Brown, Interview by the author, Hanover, NH, 20 October 2005<br />
17. Brown Interview, 20 October 2005<br />
18. Brown Interview, 20 October 2005<br />
19. Andrew Caffrey, “Deliberative Style was Chief’s Undoing,” Boston Globe, 30<br />
December 2003: A1<br />
20. Caffrey, “ Probe Raises Many Questions,” Boston Globe, 30 December 2003<br />
21. Andrew Caffrey, Boston Globe, 31 October 2003<br />
22. Cahill Interview, 10 November 2005<br />
23. Cahill Interview, 10 November 2005<br />
24. Cahill Interview, 10 November 2005<br />
25. Brown Interview, 20 October 2005<br />
26. Brown Interview, 20 October 2005<br />
27. Don Phillips, Interview by the author, 25 October 2005<br />
28. Phillips Interview, 25 October 2005<br />
29. Phillips Interview, 25 October 2005<br />
30. Roger Kalar, Interview by the author, 3 November 2005<br />
31. Kalar Interview, 3 November 2005<br />
32. Phillips Interview, 25 October 2005<br />
33. William Galvin, Interview by the author, 27 October 2005<br />
34. Galvin Interview, 27 October 2005<br />
35. Andrew Caffrey, Interview by the author, 7 October 2005<br />
36. Caffrey Interview, 7 October 2005
second place<br />
Quinn Bailey, Benjamin Gilfillan<br />
James O’Rourke, faculty adviser<br />
Mendoza College of Business<br />
University of Notre Dame<br />
ChoicePoint:<br />
Personal Data and a Loss of Privacy<br />
On September 27, 2004, ChoicePoint, a company that stores<br />
and sells critical personal information, discovered possible<br />
fraudulent activity within their network of databases. 1 Upon<br />
further inquiry, ChoicePoint security officials realized that<br />
they may have allowed identity thieves in the Los Angeles<br />
area, who acted as legitimate business clients, to access<br />
people’s personal information. In mid-October the company<br />
began working with the Los Angeles Sheriff’s Department<br />
(LASD) and soon discovered that an identity theft ring had<br />
set up over 50 fake companies that posed as legitimate<br />
business clients. <strong>The</strong> illegitimate companies inquired and<br />
received everything from social security numbers to credit<br />
reports, more than enough information to steal someone’s<br />
identity. <strong>The</strong> security breach effectively put 35,000<br />
Californians and 110,000 people across the country at an<br />
increased risk of identity theft. 2<br />
An Arrest is Made<br />
<strong>The</strong> LASD, working with ChoicePoint, were able to set up a<br />
successful sting operation which resulted in the arrest of one<br />
of the data thieves. On October 26, 2004, Olutunji<br />
Oluwatosin was arrested after receiving a fax from<br />
ChoicePoint requesting an additional signature for one of the<br />
illegitimate companies the thieves had previously set up. <strong>The</strong><br />
contact information for the fake company was that of a local<br />
Kinkos and when Mr. Oluwatosin arrived to pick up the fax<br />
he was apprehended by the LASD.<br />
Instructions from LASD to Delay Announcement of Breach.<br />
<strong>The</strong> LASD originally instructed ChoicePoint to delay any<br />
public announcement of the security breach because it would<br />
have hindered an ongoing investigation. However, there are<br />
some inconsistencies with regard to how long ChoicePoint<br />
was told to wait. Company officials maintain that they were<br />
told to hold off any announcement until January while a<br />
representative of the LASD has said that they instructed<br />
ChoicePoint to start disclosing problems in November. 3 At<br />
any rate, ChoicePoint will have to disclose the security breach<br />
at some time in the near future. California state law<br />
arthur w. page society<br />
mandates that its citizens be informed when their personal<br />
information is compromised.<br />
A Questionably Timed Executive Stock Sale. On November<br />
3, whether or not the security breach was known at the time<br />
to ChoicePoint executives, Derek Smith, CEO, and Douglas<br />
Curling, President and COO, adopted plans for prearranged<br />
stock sales over a six month period. 4 <strong>The</strong> plans, which had<br />
previously been approved by the board of directors, call for<br />
the sale of 24% of the executives combined stock in the<br />
company. <strong>The</strong> executives started to sell their ChoicePoint<br />
shares on November 9, before any public announcement of<br />
the security breach.<br />
ChoicePoint<br />
ChoicePoint was founded in 1997 by Equifax, an information<br />
management company, when it spinned-off its insurance<br />
services group. Former Equifax Vice President and Senior<br />
Vice President of Finance and Administration Derek Smith<br />
and Doug Curling, respectively, joined ChoicePoint at its<br />
inception and have helped evolve the company into being the<br />
premier provider of decision-making intelligence to<br />
businesses and government. 5 ChoicePoint now stores private<br />
information such as social security numbers, credit ratings,<br />
and criminal history reports on its databases and makes this<br />
information available to qualified clients.<br />
After the events of September 11, 2001, the United States<br />
government’s need for background information increased<br />
exponentially as did ChoicePoint’s services to various<br />
government agencies. <strong>The</strong> acquisitions of Templar Corp.<br />
which employs an information sharing system originally<br />
envisioned by the departments of Defense and Justice and<br />
IMapData Inc., an information gathering company whose<br />
clients include intelligence and homeland security agencies,<br />
further enabled ChoicePoint to increase business with the<br />
federal government. 6 Through their strategic acquisitions,<br />
over 60 in all, and the increased use of data brokers by the<br />
federal government and businesses, ChoicePoint has<br />
29
30<br />
experienced rapid growth. ChoicePoint now employs 5,500<br />
people and is listed on the New York Stock Exchange under<br />
the symbol CPS. <strong>The</strong> company registered record annual<br />
revenue in 2004 of over 884 million dollars. 7<br />
Corporate Communications at ChoicePoint. <strong>The</strong><br />
communications team at ChoicePoint is relatively small and<br />
has had no experience with situations such as this. <strong>The</strong> team<br />
is made up of James Lee, Chief Marketing Officer, who is in<br />
charge of all internal and external messaging, and three other<br />
persons, two of which are dedicated to employee<br />
communications. 8 <strong>The</strong> fraudulent activity coupled with a<br />
questionably timed stock sale by company executives<br />
agreeably puts the communications team at ChoicePoint in a<br />
crisis situation.<br />
Derek Smith and Douglas Curling. Derek Smith joined<br />
ChoicePoint as CEO after its spin off from Equifax in 1997<br />
and became Chairman in 1999. Mr. Smith is seen by many in<br />
the industry as being on the leading edge of information<br />
technology. 9 He has written several books including: A<br />
Survival Guide in the Information Age, a book that contains<br />
ways to safeguard you and your family from identity theft,<br />
and Risk Revolution; <strong>The</strong> Threats Facing America &<br />
Technology’s Promise for a Safer Tomorrow. 10 Derek Smith is<br />
an advocate for using technology to combat terrorists and<br />
criminals and he believes it is possible to make our nation<br />
more secure while protecting civil liberties. 11 Smith serves on<br />
the board of the <strong>Society</strong> of International Business Fellows and<br />
<strong>The</strong> Educational Foundation of Georgia State University and<br />
is an honor graduate of Pennsylvania State University. 12<br />
Douglas Curling, like Derek Smith, joined ChoicePoint at its<br />
inception. He has held the positions of Chief Financial<br />
Officer, Chief Operating Officer, and is now President Chief<br />
Operating Officer and Director. Mr. Curling has been<br />
responsible for ChoicePoint’s acquisitions which successfully<br />
diversified revenue sources. Douglas Curling emphasizes<br />
efficient internal organization in the ever changing<br />
technology industry. 13<br />
<strong>The</strong> Data Brokerage Industry<br />
<strong>The</strong> data brokerage industry is a relatively new industry. <strong>The</strong><br />
technological advances of the past decade have paved the way<br />
for new kinds of companies such as ChoicePoint and Lexis<br />
Nexis, a rival firm, to exist. Through the increased power of<br />
computers, lowered costs of data storage, and the ever<br />
increasing speed of the Internet, these companies are able to<br />
aggregate, store, and retrieve large amounts of information in<br />
a quick manner. <strong>The</strong> information collected by these firms<br />
range from as detailed as someone’s social security number,<br />
driving, criminal, and credit records to as general as one’s<br />
arthur w. page society<br />
college alma mater. 14 However, for a business opportunity to<br />
exist for these firms there must be customers who would like<br />
to purchase this information.<br />
Fortunately for data-brokers, there are more than enough<br />
potential businesses and governmental agencies that would<br />
like to get their hands on such data. Businesses use<br />
information such as criminal records and social security<br />
numbers to help in wise hiring decisions and credit reports<br />
are used when contemplating whether or not to grant credit.<br />
Governmental and law enforcement agencies rely on data<br />
brokers to compile and use information to solve crimes and<br />
protect the nation from terrorists. Data brokers are able to<br />
provide the agencies with information that would otherwise<br />
be non accessible due to several privacy laws that restrict the<br />
government’s ability to obtain personal information. 15<br />
Technology breakthroughs and large customer bases have<br />
allowed data brokers to experience large profits and growth, a<br />
trend that is likely to continue in the future. Today the data<br />
brokerage stands as a 5 billion dollar industry. 16<br />
Current Regulation<br />
<strong>The</strong> data brokerage industry is, more or less, unregulated.<br />
<strong>The</strong>re are certain laws such as the Fair Credit Reporting Act<br />
(FCRA) which regulates companies that issue consumer<br />
credit reports but their main objective is to make sure credit<br />
reports are not distributed for marketing purposes. 17 In 1997,<br />
the Federal Trade Commission issued a set of principles for<br />
data brokerage firms in an effort to set up acceptable best<br />
practices for the industry. Nevertheless, these principles<br />
mostly deal with certain types of information not to be used<br />
for marketing purposes. California disclosure law, Senate Bill<br />
1386, is the only law of its kind that requires data brokers like<br />
ChoicePoint to report any potential release of their personally<br />
identifiable information. 18 Any other federal or state<br />
disclosure laws regarding breaches of data security are limited<br />
to certain types of businesses such as financial institutions. 19<br />
Privacy and Identity <strong>The</strong>ft in<br />
Today’s High Tech World<br />
Individual privacy today is at an all time low. <strong>The</strong><br />
technological advances of the computer and Internet have<br />
allowed for virtually anyone to collect data on people.<br />
Internet companies have devised ways to track internet users<br />
as they travel through the internet (devices known as<br />
cookies), grocery stores issue discount cards that track what<br />
people buy and when they buy it, and federal and state<br />
governments have put an increasingly amount of public<br />
information on the internet. 20
Arguments can be made on both sides of the issue. <strong>The</strong> quick<br />
accessibility of information on the Internet in many cases has<br />
allowed for an easier and more efficient lifestyle. Businesses<br />
that track our buying behavior are more capable of pointing<br />
us in the direction of other items we may want and often<br />
offer us discounts on frequently purchased products. And as<br />
more records are put online by government the faster we can<br />
get a hold of duplicate records such as birth certificates and<br />
voter registration cards when we need them. Companies like<br />
ChoicePoint have provided many benefits to society as they<br />
have actively participated in finding many abducted children,<br />
have helped track down numerous deadbeat dads, and have<br />
provided information to law enforcement agencies that has<br />
led to the arrest of criminals. 21<br />
On the other hand, privacy advocacy groups such as Privacy<br />
Rights Clearinghouse point out that this enhanced<br />
accessibility to personal information makes us vulnerable to<br />
not only identity theft but also incorrect data profiles. One of<br />
the biggest problems with aggregating information from a<br />
variety of sources is errors and omissions in the data. <strong>The</strong>se<br />
mistakes and holes in someone’s profile create opportunity<br />
for misunderstandings between the party using the<br />
information and the individual that is portrayed. This can<br />
especially be a problem when the incorrect profiles are used<br />
in the hiring and credit granting decisions, as the individual<br />
does not get a chance to review their information. Privacy<br />
Rights Clearinghouse quotes <strong>The</strong> Unwanted Gaze: <strong>The</strong><br />
Destruction of Privacy in America by Jeffrey Rosen.<br />
“Privacy protects us from being misdefined and judged<br />
out of context in a world of short attention spans, a<br />
world in which information can easily be confused with<br />
knowledge.” 22<br />
One thing known for sure is that personal information that<br />
gets into the hands of the wrong people can prove harmful to<br />
both our pocket books and our reputations. Identity theft is<br />
one of the fastest growing crimes in the United States.<br />
According to a Federal Bureau of Investigation report, in<br />
upwards of 900,000 people are victims of credit theft in this<br />
nation each year. 23 At an average cost of $1,000 for victims to<br />
repair the destruction done by identity theft, this delinquency<br />
is costly to the individual and at an average cost to financial<br />
institutions of $6,767 per crime, it puts a toll on the<br />
economy. 24 To make matters worse, a survey done by <strong>The</strong><br />
Privacy Rights Clearinghouse showed that 12% of identity<br />
theft victims suffered damage done to their good names and<br />
were left with unjust criminal records due to the thieves’<br />
activity. 25<br />
arthur w. page society<br />
ChoicePoint’s Actions<br />
A public announcement by ChoicePoint is inevitable. With<br />
the arrest of one of the identity thieves, the LASD’s<br />
investigations will begin to wrap up soon. Whether<br />
instructions were to start disclosing the security breach in<br />
November or January, it remains clear that at some point<br />
ChoicePoint will have to go public with the problem. How<br />
should ChoicePoint come out with the information? Should<br />
ChoicePoint inform only those Californians that may be<br />
affected by the breach? Which individuals or groups should<br />
ChoicePoint be concerned with as they make the<br />
announcement? What changes, if any, should ChoicePoint<br />
make in the future? As they get closer and closer to the public<br />
announcement, these questions and more will have to be<br />
answered by James Lee and the communications team at<br />
ChoicePoint.<br />
Public Disclosure, Finally<br />
On February 14, 2005, ChoicePoint, Inc., the Alpharetta, Ga.based<br />
data collection giant who suffered a security breach in<br />
late September of 2004, finally disclosed the problem to the<br />
public. As letters were sent out, by law, to the 35,000<br />
California residents who were potential victims of identity<br />
theft, ChoicePoint made the internal decision to also send<br />
letters of notification to 110,000 additional Americans who<br />
were potential victims. Of the 145,000 potential victims,<br />
authorities were certain that at least 750 had become victims<br />
of identity theft. 26 ChoicePoint was not required by law to<br />
notify the potential victims in the other 49 states, but it made<br />
the internal decision to do so because ChoicePoint knew that<br />
the moment the California letters were sent out the spotlight<br />
was going to turn quickly and brightly to every aspect of their<br />
operations for the foreseeable future. And ChoicePoint was<br />
right. Public disgust, media fire, and, as a result of the two,<br />
heat from legislators are now just a few of the very difficult<br />
obstacles facing ChoicePoint as the debate over privacy<br />
becomes a central issue in American society and American<br />
politics.<br />
What Went Wrong Inside ChoicePoint<br />
More than fifty phony businesses were created by identity<br />
thefts to exploit ChoicePoint’s systems and commit identity<br />
theft. Posing as legitimate insurance agencies, check-cashing<br />
companies, and other outfits that would have normally been<br />
allowed to subscribe to ChoicePoint’s services, the identity<br />
thefts gained access to the 19 billion data files that<br />
ChoicePoint has complied in its databases. 27 Once inside a<br />
thief has access to seemingly endless amounts of personal<br />
information on nearly every American adult. Current and<br />
former addresses, credit information, employment history,<br />
31
32<br />
motor vehicle records, police and criminal records, assets and<br />
property, insurance claims, and family history make up just a<br />
portion of the list of information that can literally be pulled<br />
up in minutes for anyone with access to ChoicePoint’s files.<br />
Mark Noeldner, a leading banking professional in the South<br />
Bend, IN area and an adjunct professor at the University of<br />
Notre Dame states, “<strong>The</strong>re is virtually no limit to the amount<br />
of personal information that you can gather about other<br />
individuals if you subscribe to one of the data brokers.” 28<br />
Clearly, access to such personal information would not make<br />
it a difficult task for a criminal to steal an individual’s identity<br />
and create fraudulent bank accounts and credit cards,<br />
robbing individuals of thousands of dollars.<br />
But ChoicePoint is Good for America<br />
Chairman and CEO of ChoicePoint, Derek Smith, the<br />
charismatic, 50-year-old company founder, privacy expert,<br />
and author of books on how to protect one’s family from<br />
identity theft in today’s high-technology world, has his and<br />
ChoicePoint’s reputation, entirely at stake. Building<br />
ChoicePoint over the last 8 years – spinning off a small unit<br />
of Equifax that stored information to help insurers and banks<br />
tell if customers were creditworthy – Smith, along with<br />
friend, colleague, and ChoicePoint President and COO, Doug<br />
Curling, crafted an image for ChoicePoint and a message<br />
about privacy that both centered around the fact that<br />
broadening the ability to check backgrounds can reduce<br />
crime and make the U.S. economy more efficient. “<strong>The</strong> way<br />
to protect society is to restore the very best of small-town<br />
life,” Derek Smith wrote in “Risk Revolution,” which was<br />
published in July 2004, just a couple months before the<br />
security breach at ChoicePoint. He continued, “Technology,<br />
responsibly used…can rekindle the sense of community,<br />
security, and safety.” In a March 2005 interview, Derek Smith<br />
further emphasized the importance of ChoicePoint and other<br />
data collection firms, warning of the problem today “that<br />
Americans have more and more relationships with people we<br />
know less and less about.” 29 Identity theft through a security<br />
breach at Smith’s own firm certainly calls into question just<br />
how “beneficial” or “good for America” such easy access to so<br />
much personal information is for families and individuals<br />
across America.<br />
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Not a Rotten Apple, But a Rotten Barrel<br />
“We’re going to see this over and over. This is not about a<br />
rotten apple. It’s about a rotten barrel. And it’s only because<br />
of California’s law that we’re beginning to see it and smell it,”<br />
says Chris Jay Hoofnagle, associate director of the Electronic<br />
Privacy Information Center, a digital-rights group in<br />
Washington D.C. 30 Such are the claims made by many privacy<br />
activists as more and more security breaches at massive data<br />
collectors result in identity theft for innocent Americans.<br />
Only in the last decade have credit reporting agencies that<br />
cater to specific clients, like banks or potential employers,<br />
been surpassed by firms like ChoicePoint and Lexus-Nexus<br />
that are essentially one-stop shops for nearly any party that<br />
needs and is able to purchase the endless amounts of<br />
consumer information. As the data collection industry grew<br />
exponentially, with firms like ChoicePoint completing 60+<br />
acquisitions in the last seven years, regulations have not been<br />
put in place at the same speed to protect all parties involved,<br />
particularly American consumers. Quite simply, it was not<br />
entirely possible to foresee how much information these<br />
firms were collecting and, even if that was possible, to see<br />
what problems could arise from the emergence of these firms.<br />
Public Attitude Turns Sour<br />
Clearly, as the firms have grown in both breadth and depth,<br />
individuals, like Hoofnagle, and groups, like the Electronic<br />
Privacy Information Center, have been calling for some rules<br />
to govern these new-age firms. Hoofnagle points out a<br />
seemingly obvious, but still very important fact, that the<br />
sheer size and scope of what the data brokers are able to offer<br />
is largely unknown to many of the ordinary consumers whose<br />
information these firms buy and sell. He makes another<br />
strong point about the likely reaction of the American<br />
consumer, “When individuals understand the amount and<br />
detail in the information that these companies are selling,<br />
their attitudes are likely to sour.” Attitudes have soured, as<br />
evidenced by a class-action lawsuit led by Eileen Goldberg,<br />
one of the recipients of the 34,000 letters ChoicePoint sent<br />
out to California residents on February 14th, 2005, and the<br />
increased pressure on legislators and regulators to take action<br />
concerning the data collection firms and the security<br />
breaches. 31
ChoicePoint as Poster Child<br />
As Steve Harris, former Senior Vice President for Corporate<br />
Communication at General Motors noted, the data collection<br />
security breach is “not a ChoicePoint specific issue, it’s an<br />
industry issue”, but “ChoicePoint has become the poster child<br />
for the issue.” 32 With the security breach and identity theft at<br />
ChoicePoint being covered tirelessly by the media,<br />
ChoicePoint faces difficult Corporate Communication issues.<br />
Moving forward, ChoicePoint must convince the public and<br />
regulators that increased security measures and new<br />
regulation will prevent such theft from happening again and<br />
that, in fact, massive data collection firms do bring more<br />
benefit to society than they do harm.<br />
Stock Plummets<br />
Prior to the public disclosure of the security breach,<br />
ChoicePoint shares were trading, on February 4, at the<br />
company’s 52-week high of $47.95. Following the release of<br />
the news of possible identity theft on February 14, 2005, the<br />
stock plummeted over the next three weeks from $45.49 on<br />
February 14 to $37.97 on March 8, a decline of nearly 17%. 33<br />
Fueled by the fact that at least 750 cases of identity theft were<br />
confirmed on February 14 and that, according to testimony<br />
from L.A. County Sheriff’s Department Detective Duane<br />
Decker, the personal information of as many as 4 million<br />
people could have been downloaded, this sharp decline<br />
indicates that ChoicePoint needs to act fast to reassure<br />
investors, the public, regulators, and all potential victims that<br />
the problem can be resolved and that the firm can rebound<br />
strongly from the problem that ChoicePoint spokesman<br />
James Lee says, “We never saw getting this big.” 34<br />
arthur w. page society<br />
Didn’t Know Until January<br />
Another alarming issue for ChoicePoint as a whole, but also<br />
personally for executives Smith and Curling, concerns the<br />
millions in stock sales, specifically $16 million in profits,<br />
made by the two executives in the three month period leading<br />
up to the public disclosure of the security breach. On<br />
October 26, the day before the sting operation to catch<br />
Olatunji Oluwatosin, the only member of the identity theft<br />
ring caught to date, Smith and Curling cleared large<br />
prearranged stock sales with ChoicePoint directors. 35 Set in<br />
motion shortly thereafter, the stock sale programs were set to<br />
last six months and would result in Smith selling up to 11%<br />
of his stake in the company and Curling 13% of his stake. 36<br />
Halted in March, the two executive stock sale programs have<br />
come under very close investigation by the Securities and<br />
Exchange Commission. Millions of dollars of stock sales<br />
prior to the announcement of guaranteed negative news<br />
certainly provides grounds for investigation, although Smith<br />
has said that the two executives did not know about the<br />
October database breach until January. <strong>The</strong> SEC will<br />
certainly investigate Smith’s claims in depth, and in the<br />
meantime, ChoicePoint’s Corporate Communications team<br />
must be prepared to tackle the very probing, challenging<br />
questions that will inevitably come its way concerning the<br />
stock sales.<br />
Corporate Communication<br />
Issues Moving Forward<br />
ChoicePoint’s Corporate Communication team has very<br />
complex issues lying ahead in dealing with an alarmed public,<br />
an outraged victims pool, a prying media, and a ready-to-act<br />
legislature. ChoicePoint is in the limelight and has every<br />
opportunity to turn all the negative occurrences into positive<br />
lessons learned that could solidify the firm’s place and<br />
importance in American society. On the other hand,<br />
ChoicePoint has every opportunity to lose complete control<br />
of the situation, make excuses, point fingers, and crash and<br />
burn in a corporate era filled by scandal, mistrust, and<br />
corporate malfeasance. ChoicePoint’s future will be<br />
predicted by the ability of the firm’s current and future<br />
Corporate Communications department to respond<br />
effectively and accurately to the many challenging questions<br />
ahead concerning the security breach, proper future<br />
legislation and regulation, internal security controls,<br />
executive stock sales, and future business strategy.<br />
33
34<br />
REFERENCES<br />
1. Gasparino, Charles and Kathryn Williams. “When Secrets Get Out,” Newsweek.<br />
March 14, 2005.<br />
2. Sullivan Bob. “Data <strong>The</strong>ft Affects 145,000 Nationwide,” MSNBC. February 18, 2005.<br />
3. Gasparino, Charles and Kathryn Williams. “When Secrets Get Out,” Newsweek.<br />
March 14, 2005.<br />
4. Weber, Harry R. “ChoicePoint’s top two execs sold shares before breach made<br />
public,” Associated Press. February 25, 2005.<br />
5. http://www.choicepoint.com/about/overview.html<br />
6. O’Harrow Jr., Robert. “ChoicePoint finds wealth in information,” <strong>The</strong> Washington<br />
Post. January 20, 2005.<br />
7http://www.choicepoint.com/choicepoint/news.nsf/1e81a178107b63b18525687f00549<br />
3a7/e865631fe8b8db338525 6f94007b77cb?OpenDocument<br />
8. Interview with James Lee, Chief Marketing Officer at ChoicePoint Inc., April 18,<br />
2005.<br />
9. Interview with Steve Harris, former Vice President of Communications at General<br />
Motors Inc., April 11, 2005.<br />
10. http://www.amazon.com/exec/obidos/search-handle-url/index=books&fieldauthor=Derek%20Smith/104-<br />
0206806-9081573<br />
11. http://choicepoint.com/about/senior.html<br />
12. http://ceoleadership.com/institute/director_bio/smith.html<br />
13. http://choicepoint.com/about/senior.html<br />
14. Baker, William B. “What You Need to Know About ChoicePoint,” Privacy in Focus.<br />
March 2005.<br />
15. O’Harrow Jr., Robert. “ ChoicePoint finds wealth in information,” <strong>The</strong> Washington<br />
Post. January 20, 2005.<br />
16. Rigby, Bill and <strong>The</strong>o Kolker. “Continuing and Growing Consumer Fraud,” TBR<br />
News. April 12, 2005.<br />
17. Baker, William B. “What You Need to Know About ChoicePoint,” Privacy in Focus.<br />
March 2005.<br />
18. “<strong>The</strong> ChoicePoint incident” Red Herring. February 23, 2005.<br />
arthur w. page society<br />
19. Baker, William B. “What You Need to Know About ChoicePoint,” Privacy in Focus.<br />
March 2005.<br />
20. http://www.privacyrights.org/ar/Privacy-IssuesList.htm#F<br />
21. Interview with Steve Harris, former Vice President of Communications at General<br />
Motors Inc. April 11, 2005.<br />
22. Rosen, Jeffrey. <strong>The</strong> Unwanted Gaze: <strong>The</strong> Destruction of Privacy in America. Vintage,<br />
June<br />
23. http://www.fbi.gov/publications/leb/2002/june2002/june02leb.htm<br />
24. http://www.identity-theft-protection.com/stats.html<br />
25. http://www.privacyrights.org/ar/Privacy-IssuesList.htm#F<br />
26. Zeller Jr, Tom. “ChoicePoint Suffers Fall in Share Price,” <strong>The</strong> New York Times.<br />
February 23, 2005.<br />
27. Holland, Jesse J “Senate Panel to Discuss Identity <strong>The</strong>fts,” Associated Press, February<br />
25, 2005.<br />
28. Interview with Mark Noeldner, local banking professional in South Bend, IN and<br />
adjunct professor at the University of Notre Dame April 22, 2005.<br />
29. Perez, Evan and Rick Brooks “For ChoicePoint, a theft lays bare the downside,” <strong>The</strong><br />
Wall Street Journal. May 3, 2005.<br />
30. Zeller Jr, Tom. “ChoicePoint Suffers Fall in Share Price,” <strong>The</strong> New York Times.<br />
February 24, 2005.<br />
31. Zetter, Kim “California Woman Sues ChoicePoint,” Wired. February 24, 2005.<br />
32. Interview with Steve Harris, former Vice President of Communications at General<br />
Motors Inc April 11, 2005.<br />
33. Yahoo! Finance Historical Prices, CPS, ChoicePoint.<br />
34. Interview with James Lee, Chief Marketing Officer at ChoicePoint Inc April 18,<br />
2005.<br />
35. Sullivan, Bob “ Data <strong>The</strong>ft Affects 145,000 Nationwide” MSNBC. February 18,<br />
2005.<br />
36. Perez, Evan and Rick Brooks “For ChoicePoint, a theft lays bare the downside,” <strong>The</strong><br />
Wall Street Journal. May 3, 2005.
third place<br />
David Lee, Julie Ratliff<br />
Faculty Adviser: James O’Rourke<br />
Mendoza College of Business<br />
University of Notre Dame<br />
Citigroup:<br />
Restoring Ethics and Image Before Growth<br />
Charles Prince, CEO of Citigroup, is facing a daunting<br />
challenge as the head of the largest financial services<br />
organization in world. He has joined a company that has<br />
experienced significant regulatory scrutiny and that has been<br />
linked to the biggest scandals in corporate history.<br />
Unfortunately for Prince, the problems are pervasive<br />
throughout most of Citigroup’s diverse service offerings.<br />
In March 2005, Prince announced his strategy to transform<br />
the financial giant and to provide a new direction for the<br />
future. He called it the “Five Point Ethics Plan” to: improve<br />
training, enhance focus on talent and development, balance<br />
performance appraisals and compensation, improve<br />
communications, and strengthen controls. Due to the size<br />
and complexity of the organization, there were significant<br />
unresolved questions. How could the plan be effectively<br />
revealed? Would the plan be strong enough to change the<br />
culture of the entire organization? How should the corporate<br />
communications department handle both the initial and<br />
long-term communication of this plan to major stakeholders?<br />
About Citigroup<br />
Incorporated in 1998, Citigroup Inc. is a diversified global<br />
financial services holding company providing services to<br />
consumer and corporate customers. <strong>The</strong> company has<br />
approximately 141,000 full-time and 7,000 part-time<br />
employees in the United States and 146,000 full-time<br />
employees in more than 100 countries outside the United<br />
States. All of Citigroup’s services can be grouped in 3 main<br />
areas: Global Consumer, Corporate and Investment Banking,<br />
and Global Wealth Management. Citigroup also has two<br />
stand-alone businesses, Citigroup Asset Management and<br />
Citigroup Alternative Investments. Global Consumer Group<br />
was 72% of income in 2004, with Investment Banking<br />
coming in second at 13%. 1<br />
<strong>The</strong> Citigroup umbrella covers several brands including<br />
Citibank, Citifinancial, Citistreet, Citi, Primerica, Banamex,<br />
and Solomon Smith Barney (SSB). Citigroup has a 200 year<br />
arthur w. page society<br />
old legacy of innovation and achievement. <strong>The</strong> City Bank of<br />
New York is Citigroup’s earliest ancestor, establishing a credit<br />
union for merchant-owners in 1812. Many of the rest of<br />
Citigroup’s ancestors originated in the late 19th century,<br />
including Travelers, Smith Barney, Bank Hadlowly, and<br />
Banamex. In the 20th century, acquisitions included IBC,<br />
Salomon Brothers, and <strong>The</strong> Associates. Sandy Weill, former<br />
CEO, was recognized as bringing it all together under the one<br />
red umbrella of Citigroup in 1998. 2<br />
Sandy Weill: <strong>The</strong> Man Who<br />
Shattered the Glass-Steagall<br />
“Everything about Weill is big, including his ambition”<br />
Charles Gasparino, Blood on the Street<br />
Congress passed the Glass-Steagall Act in 1933, which<br />
established what was known as the Chinese Wall between<br />
commercial banking and investment banking. That same<br />
year, the man who would influence the repeal of that act in<br />
1999 was born. Sandy Weill later became one of Wall Street’s<br />
most influential men as the Citigroup CEO in 1998. He ran<br />
the one-stop financial supermarket until 2003. 3<br />
In the 1960s, Weill grew Shearson Loeb Rhodes brokerage<br />
from a mid-sized business into an empire that he sold to<br />
American Express Corporation in 1981. After being bounced<br />
from Amex, he had one of the most notable comebacks on<br />
Wall Street. He merged his insurance company, <strong>The</strong><br />
Traveler’s Group, with the Salomon Smith Barney brokerage<br />
and the Citicorp banking empire. This merger made Weill a<br />
very rich and powerful man, but the fame also brought a lot<br />
of negative publicity. During Weill’s era as CEO, Citigroup<br />
was associated with numerous corporate scandals, regulatory<br />
investigations and legal settlements.<br />
In an interview with the New York Times on September 11,<br />
2005, Weill still defended what he built, saying “I don’t think<br />
it’s too big to manage or govern at all. I’m sure there would<br />
have been things that would have been tweaked this way or<br />
35
36<br />
that way, but when you look at the results of what happened,<br />
you have to say it was a great success.”<br />
Charles Prince became the next Citigroup CEO after Weill.<br />
His advice for Prince, “Don’t screw (the legacy) up.” 4<br />
Charles Prince – Maintaining the Legacy<br />
Charles Prince became the chief executive officer with<br />
Citigroup in 2003 and has been an employee with the<br />
company for 24 years. He began his career in 1975 as an<br />
attorney with U.S. Steel Corporation. In 1979 he joined<br />
Commercial Credit Company, which Sandy Weill took over in<br />
1986. At that point, Prince became what Fortune’s Carol<br />
Loomis called, “an absolute Weill loyalist, who has promptly<br />
accepted whatever assignments Sandy has wanted him to take<br />
on.” 5 He served as main counsel until 2003, when Weill chose<br />
him as CEO. Since 2003, Prince has been a fireman, cleaning<br />
up the scandals and improprieties that have been building<br />
since the late 1990s. Much of that cleaning has meant<br />
removing companies and executives that helped build Weill’s<br />
legacy, including the sale of Traveler’s Insurance.<br />
Prince has been described as “a smart, logical thinker who’s<br />
big in frame, in laugh, and in capacity for work.” One longtime<br />
analyst notes, “I believe that non-charismatic Prince is<br />
going to be a more positive force at Citigroup than the other<br />
three charismatic CEOs going back to the 1960s.” 6<br />
Distributing Biased Research<br />
In 2001, the Office of New York State Attorney General Eliot<br />
Spitzer began an investigation into possible conflict of<br />
interest problems with Citigroup’s investment banking<br />
practice. This joint investigation between state and federal<br />
regulators was resolved and settled in April 2003. In addition<br />
to payment of $400 million, Solomon Smith Barney (SSB)<br />
was required to adopt a series of reforms and measures. This<br />
payment was larger than any other financial institution<br />
included in the investigation. <strong>The</strong> financial impact is even<br />
larger due to additional private litigation arising from the<br />
settlement. Citigroup took a $1.5 billion charge primarily for<br />
litigation reserves in the quarter of the findings. 7<br />
<strong>The</strong>re were multiple findings from the investigation<br />
concerning Citigroup’s internal operating practices and<br />
communications with clients. <strong>The</strong> investigation found that<br />
the research analysis and correlating ratings were not<br />
performed with independence and integrity. SSB business<br />
practices encouraged research analysts to provide favorable<br />
coverage of companies that were also investment banking<br />
clients. A portion of each analyst’s compensation was based<br />
on revenues from the investment banking unit and<br />
arthur w. page society<br />
investment banking evaluations. <strong>The</strong> investigation found<br />
incidents of fraudulent and misleading research reports. SSB<br />
also practiced spinning activities that allocated lucrative<br />
shares of IPO stocks to executives at investment banking<br />
clients. 8<br />
One of the most notable reforms required as part of the<br />
settlement was to separate the investment banking operations<br />
from the research operations of the company. Senior<br />
investment banking executives working for a client were<br />
forbidden from directly communicating with the research<br />
analysts covering the same client. <strong>The</strong> reforms also required<br />
the CEO of SSB’s research unit to periodically report to the<br />
Citigroup board of directors concerning the quality and<br />
independence of the research products.<br />
<strong>The</strong> Star Telecom Analyst<br />
Jack Grubman was a notorious telecommunications analyst<br />
for Solomon Smith Barney. He touted his relationships<br />
throughout the industry and earned an estimated $20 million<br />
per year. In 10 different deals, he helped SSB earn $24 million<br />
in fees from investment banking with WinStar<br />
Communications. 9<br />
In January 2001, Grubman assigned a $50 price target and<br />
classified WinStar with a “Buy” rating. With the stock<br />
subsequently trading at $13, Grubman’s assistant e-mailed a<br />
large investor stating, “Buy here and sell in the low $20’s.”<br />
However, Grubman did not change his price target or rating<br />
in public. In fact, he maintained the status quo even when<br />
WinStar shares were trading at less than one dollar and the<br />
company was on the eve of bankruptcy. He later noted in email,<br />
“we support our banking clients too well and for too<br />
long.” 10<br />
<strong>The</strong> National Association of Securities Dealers alleged that<br />
SSB’s research was materially misleading after investigating<br />
the WinStar incident. SSB agreed to pay $5 million to settle<br />
the charges.<br />
Deceptive Lending Practices<br />
Citigroup acquired Associates First Capital Corporation and<br />
Associates Corporation of North America in November 2000.<br />
<strong>The</strong>y subsequently merged the acquired entity into the<br />
Citifinancial Credit Company division. <strong>The</strong> Associates were<br />
one of the nation’s largest subprime lenders. Subprime<br />
lending serves borrowers who cannot obtain credit in the<br />
prime market. <strong>The</strong> loans carry higher costs due to the<br />
additional risk taken by the lender and are frequently held by<br />
low-income families.
In March 2001, the Federal Trade Commission filed suit<br />
against Associates for deceptively inducing consumers to<br />
refinance existing debts into home loans with high interest<br />
rates and fees. <strong>The</strong>y also alleged that Associates tricked<br />
borrowers into purchasing high cost credit insurance without<br />
their knowledge. In some cases, the fees were included in<br />
monthly payments and added thousands of dollars in<br />
additional cost. When consumers noticed the fees, the<br />
employees of Associates employed various tactics to<br />
discourage them from removing the insurance. <strong>The</strong> FTC<br />
described the activities as, “systematic and widespread<br />
deceptive and abusing lending practices.” <strong>The</strong> result was the<br />
largest consumer protection settlement in FTC history and<br />
required Citigroup to pay $215 million. 11<br />
Helping Enron Corporation Commit Fraud<br />
On December 2, 2001, Enron filed for bankruptcy protection<br />
from its creditors. Investors later found that the company<br />
used highly complex special purpose entities and<br />
partnerships to keep $500 million off of the consolidated<br />
balance sheet and to mask significant deficiencies in cash<br />
flow. Citigroup was one of the financial institutions that<br />
helped Enron design these transactions.<br />
<strong>The</strong> Securities and Exchange Commission initiated<br />
enforcement proceedings with Citigroup for assisting Enron<br />
in producing misleading financial statements. <strong>The</strong><br />
Commission alleged that loans to Enron were disguised as<br />
commodity trades. <strong>The</strong> transactions were essentially loans<br />
because they eliminated the commodity price risk. Under<br />
these transactions, commodity price risk was passed from<br />
Enron to Citigroup and back to Enron. Without regard for<br />
the change in price of the underlying commodity, Enron was<br />
required to make repayments of principal and interest. <strong>The</strong><br />
commission also alleged that Citigroup helped Enron design<br />
transactions that transferred cash flow from financing into<br />
cash flow from operations. <strong>The</strong>re was further evidence of<br />
similar deceptive transactions with Dynegy. Citigroup agreed<br />
to pay $120 million to settle the allegations that it helped<br />
Enron and Dynegy commit fraud. 12<br />
Spinning WorldCom Executives<br />
In May 2004, Citigroup agreed to pay $2.65 billion to settle<br />
class action suits related its role in the collapse of WorldCom.<br />
Plaintiffs in the suit alleged that SSB wrongfully provided<br />
favorable ratings on the company. Telecom analyst, Jack<br />
Grubman, provided the coverage. WorldCom was not<br />
downgraded to “neutral” until WorldCom lost 90% of its<br />
value. <strong>The</strong> U.S. House of Representatives Financial Services<br />
Committee additionally found that Grubman warned<br />
arthur w. page society<br />
WorldCom executives, in advance of public disclosure, that<br />
Citigroup was dropping the stock from the recommended list. 13<br />
A former U.S. Attorney General appointed examiner alleged<br />
that Bernard Ebbers, WorldCom’s chief executive officer,<br />
violated his fiduciary duties by passing over $100 million of<br />
investment banking business to SSB in exchange for<br />
allotments of IPO stock shares. Ebbers was the chief<br />
executive during the time when massive accounting fraud<br />
and questionable personal loans were discovered. WorldCom<br />
subsequently restated earnings by $17.1 billion in 2001 and<br />
$53.1 billion in 2000. 14<br />
<strong>The</strong> End of Japanese Private Banking<br />
Citigroup is the largest and oldest foreign-owned bank in<br />
Japan. <strong>The</strong> history of their operations dates back to 1902. <strong>The</strong><br />
operations in Japan are some of the largest outside of the U.S.<br />
for Citigroup. Bank officials at Japan’s Financial Services<br />
Agency began investigating Citigroup transactions linked to<br />
money laundering, as well as loans that were used to<br />
manipulate publicly traded stocks. <strong>The</strong> FSA warned<br />
Citigroup in 2001, but little corrective action was performed.<br />
In December 2004, Citigroup was handed the damaging news<br />
that the FSA would terminate all private banking operations<br />
in Japan. This included a requirement to close over five<br />
thousand bank accounts. <strong>The</strong> FSA cited the corporate culture<br />
and governance for the infractions. Citigroup executives<br />
blamed the problem on the unclear reporting structure for<br />
key executives in Japan. Heads of divisions reported to<br />
different bosses in New York. In addition to the lost earnings,<br />
the closing of the bank accounts represents a challenging<br />
blow to Citigroup’s image in Japan and threatens the consumer<br />
and corporate banking units still operating in the country. 15<br />
Financial Effects of the Corporate Scandals<br />
By the end of 2002, the effects of the various allegations were<br />
weighing heavily on Citigroup. <strong>The</strong> SEC, FTC, NASD, the<br />
New York State Attorney General and other agencies had<br />
performed investigations. <strong>The</strong> reserves set aside for still<br />
outstanding legal liability grew by billions because of the<br />
costs of regulatory and private litigation.<br />
During 2002, the year that many of these issues were<br />
discovered, the company lost over 30% of its market value. In<br />
May 2003, Citigroup dropped coverage of 117 firms and fired<br />
seven of its top analysts. <strong>The</strong>re was an increasing number of<br />
analyst layoffs up and down Wall Street. J.P. Morgan,<br />
Goldman Sachs and Morgan Stanley cut up to 25% of their<br />
research staffs. 16<br />
37
38<br />
In 2005, the Federal Reserve publicly announced that it would<br />
not approve any major Citigroup Mergers and Acquisitions<br />
until the company resolved these various issues. This unusual<br />
warning from the Federal Reserve was especially restrictive to<br />
Citigroup because some analysts believed that big acquisitions<br />
were the only way to continue the aggressive growth. 17<br />
Changing Citigroup’s Reputation<br />
One of the initial steps Prince took to clean up Citigroup was<br />
hiring Sally Krawcheck as chief financial officer and head of<br />
strategy. Krawcheck was known at Smith Barney as “<strong>The</strong><br />
Queen of Clean,” and Prince hoped that she would continue<br />
this trend as Citigroup pushes to clean up its image. 18<br />
On February 16, 2005, Prince announced his Five Point<br />
Ethics Plan in a group memo to his employees as part of his<br />
goal to make Citigroup the world’s most respected financial<br />
institution. While this is the most important goal Prince gave<br />
in his public plan, there are other benefits that will, hopefully,<br />
come with this ethical improvement. Prince hopes to grow<br />
the consumer and international business, and to make the<br />
corporate and investment bank the best in its class.<br />
<strong>The</strong> four-page ethical document listed a series of initiatives<br />
that employees would start to see implemented in twelve-toeighteen<br />
months, beginning March 1, 2005.<br />
Details of the Five Point Plan<br />
• Expanded Training. This point is designed to instill an<br />
appreciation for Citigroup legacy. <strong>The</strong> ethics program was<br />
kicked off with a company-wide broadcast of <strong>The</strong><br />
Company We Want To Be to relate the main three<br />
responsibilities within the company: the responsibility to<br />
clients, to each other, and to the franchise. Annual<br />
training the about history and the culture of the Citigroup<br />
franchise will be required for all levels of management.<br />
Additionally, all employees will receive Annual<br />
Ethics/Code of Conduct training.<br />
• Enhanced Focus on Talent and Development. A new<br />
initiative will be launched, focusing on flexibility, 360<br />
degree reviews, manager surveys, and business leadership<br />
seminars for senior managers. New jobs will be<br />
communicated and posted internally to encourage those<br />
with outstanding talent to stay within the company.<br />
arthur w. page society<br />
• Balanced Performance Appraisals & Compensation.<br />
Standardized performance appraisals and evaluations of<br />
all managers will be conducted annually. All<br />
compensation for business heads will be based on how<br />
Citigroup performs, not just how individual managers<br />
perform. Employees will be paid bonuses on the basis of<br />
how well they participate in training and ethics program.<br />
• Improved Communications. Charles Prince<br />
demonstrated that takes this initiative very seriously, as he<br />
has traveled around, meeting with and visiting managers<br />
and employers. Citigroup wants to improve the consistent<br />
communication of values and goals. Results of any issues<br />
reported to Ethics Hotline will be discussed, and more<br />
conferences will be planned for Senior Managers.<br />
• Strengthened Controls. Such control includes compliance<br />
training, risk control self-assessments, and the creation of<br />
the Independent Global Compliance function that will be<br />
responsible for ensuring Citigroup’s compliance with rules<br />
and regulations.*<br />
Prince Hires Administrative Ethics Officer<br />
Additionally, on September 26, 2005, Lewis B. Kaden joined<br />
Citigroup as Vice Chairman and Chief Administrative<br />
Officer. Kaden served as a moderator for the PBS’s Media<br />
and <strong>Society</strong> seminar, including the Ethics in America series<br />
which won a Peabody Award. Kaden was a lawyer from Davis<br />
Polk & Wadwell, where he handled issues of corporate<br />
governance, mergers and acquisitions, and advised major<br />
corporations such as Citigroup on significant issues. Prince<br />
said of Kaden, “Lew’s deep experience, insight, and integrity<br />
will be of great value as we pursue our ambitious agenda to<br />
build the most respected global financial services company.<br />
We look forward to his contributions.” 19<br />
Reaction to the Plan<br />
“Ethics is something you learn as a child; teaching it doesn’t<br />
make you an ethical person,” said Prof. Charles Elson,<br />
director of the Weinburg Center for Corporate Governance at<br />
the University of Delaware. He did say, however, that “if<br />
(Prince’s plan) can clarify blurry issues and help instill a<br />
culture of compliance to a code, I applaud it. But to teach<br />
ethics to make people ethical, that’s a bit strained.” 20 Elson<br />
went on to suggest, “<strong>The</strong> acid test is going to be sort of a notolerance<br />
policy for ethical violations, not just legal<br />
violations.... If the company demonstrates to its employees<br />
that it will not tolerate violations of its code of ethics... then<br />
you begin to affect a change in culture.” Elson further stated
that Prince’s efforts were a “good start” but that he would<br />
need to distance himself from former administration that did<br />
not put compliance first. “Rethinking his board, bringing in<br />
new blood would be quite helpful,” said Elson. He added that<br />
Sandy Weill must go, “I think that Mr. Weill’s complete<br />
retirement from the company would go a long way to<br />
distance Mr. Prince from the earlier regime.” 21<br />
<strong>The</strong> Departure of Weill’s Army<br />
A few months after Prince’s plan was announced, Robert B.<br />
Willumstad, Citigroup’s President, COO and Director<br />
announced that he was going to leave to become a chief<br />
executive of a public company. Willumstad had a key role in<br />
creating Citigroup in 1998 with the combination of Travelers<br />
Group and Citicorp. During his tenure as Chairman and<br />
CEO of the Global Consumer Group at Citigroup, the<br />
company witnessed strong profit growth and several<br />
successful acquisitions. Willumstad worked closely with<br />
Charles Prince and Sandy Weill for years, and was very<br />
disappointed when he was not chosen as CEO. 22<br />
In the same month, Weill stated that he wanted to end his<br />
contract early, and launch a private-equity fund. <strong>The</strong>re are<br />
reports that he is frustrated by Prince’s Five Point Plan and<br />
the Traveler’s Group transaction. One bank analyst stated,<br />
“Sandy always told me he preferred to fix things as opposed<br />
to sell them.... I’m sure he hated (the Traveler’s Group)<br />
sale.” 23 Weill has decided to stay on until April of 2006 due to<br />
conflicts of interest and information access.<br />
A month after the announcements about Willumstad and<br />
Weill, Marjorie Magner announced her plans to leave as well.<br />
Marjorie was the chairman and chief executive of the Global<br />
Consumer Group segment of Citigroup. Magner plans to<br />
pursue a career change outside the financial services<br />
industry. 24 She was among the highest-ranking women at<br />
Citigroup, and her group contributed more than half of the<br />
bank’s income over the last several years. Executives at<br />
Citigroup knew that Magner disagreed with Prince’s plan and<br />
major changes. Prince responded to Magner’s announcement<br />
by saying that she was one of the “legends who built<br />
Citigroup,” and that he is “most proud” of the people she is<br />
developing, including her successors. 25<br />
On a more positive note, Saudi Prince Alwaleed bin Talal,<br />
Citigroup Inc’s biggest investor, said chief executive Charles<br />
Prince would need more time to prove himself as head of<br />
world’s largest financial-services firm. “This company is a<br />
giant,” Alwaleed said, “You have to give him time to institute his<br />
culture and way of thinking. I’m backing them all the way.” 26<br />
Prince’s Response<br />
arthur w. page society<br />
Charles Prince said of all these initiatives, “<strong>The</strong> real question<br />
is, can we execute it in a way that becomes more embedded?<br />
<strong>The</strong> systems are designed to provide sticks. This will all tie to<br />
how you pay people. People who don’t complete the required<br />
training, for example, won’t receive bonuses. If we don’t pay<br />
people the right way, the initiatives risk becoming no more<br />
than cynical happy-talk.” 27 Prince acknowledged that he has<br />
to own this program. He said, “If we delegate this to the<br />
(human-resources) department, it’s not going to work”. 28<br />
Discussion Questions<br />
1. Has Citigroup grown too large to enforce corporate<br />
governance or internal controls? What effect has the<br />
organization’s size and complexity had on the continued<br />
problems?<br />
2. What effect will the new plans have on Citigroup’s<br />
investors? What can Citigroup do to mitigate negative<br />
responses?<br />
3. How can Citigroup continually communicate the<br />
reformed organizational culture to the public?<br />
4. How would you react if you were the corporate<br />
communications officer of a Citigroup competitor?<br />
5. Do you believe it is possible to enforce an ethics program<br />
with this or any other organization?<br />
6. As a corporation communications officer, what would be<br />
your method to communicate the plan to Citigroup<br />
employees and inspire change?<br />
7. Is Prince’s plan sufficient given the magnitude of the<br />
problems facing Citigroup?<br />
8. Who are the critical stakeholders? How should Prince<br />
handle the stakeholders’ responses and concerns?<br />
39
40<br />
REFERENCES<br />
1. Citigroup, “Annual Report 2004,” http://www.citigroup.com<br />
2. Citigroup, “Annual Report 2004” http://www.citigroup.com<br />
3vChris Suellentrop, “Sandy Weill, How Citigroup’s CEO rewrote the rules so he could<br />
live richly,” http://www.slate.msn.com , November 20, 2002.<br />
4. “Laughing all the way from the bank/Citigroup’s mastermind is still defending his<br />
grand design,” New York Times, September 11, 2005.<br />
5. Wikipedia, the Free Encyclopedia Online, “Charles Prince,”<br />
http://en.wikipedia.org/wiki/Prince<br />
6. “For Citi, This Prince is a Charm: CEO Chuck Prince is no Sandy Weill when it<br />
comes to style, and that has proven to be just what the scandal plagued giant needs,”<br />
BusinessWeek Online, January 28, 2005.<br />
7. “Spitzer settlement to cost Citigroup $1.3bn”. Financial Times, December 23, 2002.<br />
8. Office of the New York State Attorney General Eliot Spitzer, “Conflict Probes<br />
Resolved at Citigroup and Morgan Stanley”. http://www.oag.state.ny.us, April 28,<br />
2003.<br />
9. “Solomon Agrees to NASD Fine”, <strong>The</strong> Asian Wall Street Journal, September 25, 2002.<br />
10. “Citigroup to pay $5 million fine to NASD to settle charges it issued misleading<br />
research to protect an investment banking client with a focus on Jack Grubman”,<br />
CNBC Business Center. September 23, 2002.<br />
11. Federal Trade Commission, “Citigroup Settles FTC Charges Against the Associates<br />
Record-Setting $215 Million for Subprime Lending Victims”. http://www.ftc.gov,<br />
September 19, 2002.<br />
12. “<strong>The</strong> Falls of Enron: Citigroup Settles Suit Over Credit Insurance”, Houston<br />
Chronicle, September 20, 2002.<br />
13. “WorldCom Files Largest Bankruptcy Ever”, Money, July 22, 2002.<br />
14. “Citigroup to Pay $2.6 Billion to Settle WorldCom-Related Suit”, TR Daily, May 10,<br />
2004.<br />
15. “Citigroup’s Misstep In Japan May Bruise Bank’s Global Image” <strong>The</strong> Wall Street<br />
Journal, September 22, 2004.<br />
16v“Citigroup ceases coverage of 117 firms: Seven analysts fired: Research cutbacks<br />
mirror rivals’ in wake of Spitzer deal” Financial Post, May 24, 2003.<br />
arthur w. page society<br />
17. “US Fed Puts Check On Citigroup Deals” Financial Times, March 17, 2005<br />
18. “Citigroup swaps top jobs” <strong>The</strong> Guardian, September 28, 2004.<br />
* Found online at www.citigroup.com<br />
19. “Lewis B. Kaden to join Citigroup as Chief Administrative Officer.” Business Wire,<br />
June 15, 2005.<br />
20. “Citigroup goes to ethics class” New York Post, February 17, 2005.<br />
21“Films and Forums teach value of ethics” <strong>The</strong> Times, March 26, 2005<br />
22. “Citigroup Announces Departure of Robert B. Willumstad” Business Wire, July 14,<br />
2005. “Citigroup’s No. 2 Will Leave, Seek a Firm to Lead” Wall Street Journal, July<br />
15, 2005.<br />
23. “Frustrations of a Deal-Maker” <strong>The</strong> New York Times, July 21, 2005.<br />
24. “Citigroup’s Marjorie Magner to Leave” AP, August 22, 2005.<br />
25. “Citigroup’s Prince Remakes Empire, As Magner Leaves” Business Week, September<br />
5, 2005.<br />
26. “Citigroup’s chief needs time, says Saudi Prince” Calgary Herald, September 7,<br />
2005.<br />
27. “Citigroup Works on Its Reputation” Wall Street Journal, February 16, 2005.<br />
28. “After Scandals, Citigroup Moves to Beef Up Ethics” Wall Street Journal, February<br />
17, 2005, “Exclusive Interview with Citigroup,”<br />
http://welcome.corpedia.com/index.php?id=236s=news&c=news August 31, 2005.
Abstract<br />
WINNING ENTRIES – COMMUNICATIONS/JOURNALISM SCHOOLS<br />
first place<br />
Yuliya Melnyk, Moushumi Anand<br />
Faculty Adviser: María Len-Ríos<br />
University of Missouri-Columbia<br />
How the Russian Company Pallet Trucks Used<br />
Public Relations Strategies to Protect its Business<br />
and the German Brand Pfaff-silberblau in Russia in 2001<br />
This case shows how crises can occur in a global economy. It<br />
describes how two companies, a German manufacturer and<br />
Russian retailer, partnered to combat a crisis when<br />
competitors started selling fake copies of the manufacturer’s<br />
“brand” equipment. Pfaff-silberblau is an established<br />
international company, headquartered in Germany, that<br />
manufactures lifting and handling equipment. Pallet Trucks,<br />
at the time, was its exclusive Russian vendor.<br />
While it is thought that smaller products such as make-up<br />
and electronic goods are easier to reproduce as fakes, it is<br />
assumed that heavy equipment like Jeeps or industrial goods<br />
cannot be easily duplicated. This case proves otherwise. Fake<br />
lifting and handling equipment was produced in a Chinese<br />
factory and sold in Russia under the Pfaff-silberblau brand<br />
name. As the counterfeit equipment began to cause profit<br />
losses and decreased consumer confidence in their brands,<br />
the companies worked together proactively, learned from the<br />
experience of their predecessors in new markets, and<br />
protected their brands. Specifically, this case highlights how<br />
public relations techniques can be used to address brand<br />
piracy in developing economies and New Independent<br />
Countries, when legal avenues are not feasible.<br />
A Short History of Branding<br />
It is an ancient practice to put markings on products to<br />
indicate who owned or made an item. For instance, the<br />
paintings on the walls of the Lascaux Caves in southern<br />
France contain marks that scholars say indicate ownership.<br />
<strong>The</strong>se paintings were made 5,000 years ago. Artisans used<br />
stone seals to indicate the manufacturer, and some found in<br />
the Middle East date back to 3500 B.C. (Infoplease Web site,<br />
2005). Not only did the marks indicate quality, but they also<br />
arthur w. page society<br />
let people know whom to blame if there was a problem with<br />
the product. A trademark can be found on the bottom of a<br />
sandal dated from 200 BC (Barlow & Stewart, 2004, p. 24).<br />
During the Middle Ages, trade guilds also began using marks<br />
to indicate who made a specific product. Bell makers were<br />
among the first to adopt the practice, followed by other<br />
manufacturers including paper makers. <strong>The</strong>y added<br />
watermarks so people would know who made a particular<br />
sheet.<br />
In 1266, the Bakers Marking Law, which governed the use of<br />
stamps or pinpricks on loaves of bread, was passed on. It is<br />
one of the earliest known laws on trademarks. Silversmiths<br />
were required to mark their products in 1363. Bottle makers<br />
and manufacturers followed suit, possibly influenced by<br />
Chinese porcelain, which bore markings indicating origin.<br />
One of the earliest court cases involving the improper use of<br />
a trademark occurred in England in 1618. <strong>The</strong> manufacturer<br />
of high-quality cloth sued a competitor who produced lowerquality<br />
cloth, but used the marking reserved for top-quality<br />
cloth. <strong>The</strong> case Southern v. How is considered the first case of<br />
actual trademark infringement. In 1876 England, the Bass<br />
Red Triangle was the first trademark to be registered<br />
(Feldwick, 1991, p. 19).<br />
Trademark Laws in the U.S.<br />
In the U.S., Thomas Jefferson urged the adoption of laws<br />
governing trademarks because of a 1791 dispute over sail<br />
cloth marks. While federal legislation was not forthcoming,<br />
some states passed their own laws. For instance, in 1842,<br />
Michigan required marks to indicate the origin of timber.<br />
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42<br />
Federal trademark legislation was passed in 1870. Averill<br />
Paints received a trademark under this law in 1870, making it<br />
the first modern trademark issued in the United States.<br />
A trademark includes any word, name, symbol, or device, or<br />
any combination, used, or intended to be used, in commerce<br />
to identify and distinguish the goods of one manufacturer or<br />
seller from goods manufactured or sold by others, and to<br />
indicate the source of the goods. In short, a trademark is a<br />
brand name.<br />
A service mark is any word, name, symbol, device, or any<br />
combination, used, or intended to be used, in commerce to<br />
identify and distinguish the services of one provider from<br />
services provided by others and to indicate the source of the<br />
services.<br />
Brand Names Today<br />
Today a huge body of law has developed around trademarks<br />
and patents. <strong>The</strong> number of trade-marked items has<br />
skyrocketed. <strong>The</strong> Brand Names Education Foundation<br />
(BNEF) estimates that the average supermarket carries 45,000<br />
separate items, most of which are brand names. This figure is<br />
up from 12,000 to 15,000 items only 10 years ago, an<br />
indication of the explosive growth in brand names.<br />
Brand names, which are registered with the government, have<br />
become an important part of business. Non-brand names,<br />
known as “generic” products, are usually less expensive. Yet<br />
brand names remain popular because they offer a guarantee<br />
of quality that generic products often cannot match. Some<br />
common household words – aspirin, cellophane, nylon,<br />
thermos, escalator – all started out as names for specific<br />
products but gradually became so common that they became<br />
generic names.<br />
It is a difficult time for brands nowadays. Premium product<br />
and service brands are under continuous attack from lowerpriced<br />
competition (Upshaw, 1995, p. 316). Customers who<br />
are not informed well enough about quality frequently choose<br />
the less expensive offer. Both rapid growth in developing<br />
nations and New Independent States (former USSR) and<br />
slower growth in developed economies force businesses to<br />
look for new opportunities in new territories. However,<br />
publics there realize very quickly that they have many choices<br />
and become savvy. “A BRAND used to be a promise but as we<br />
move forward, a brand is a relationship, a living thing,” Kyle<br />
Shannon, chief creative officer of AGENCY.COM says (Clifton<br />
& Maughan, 2000, p. 61). Building the relationship becomes<br />
extremely important nowadays.<br />
arthur w. page society<br />
Government Protection and Violation<br />
<strong>The</strong> U.S. Patent and Trademark Office, a branch of the<br />
Department of Commerce, keeps track of patent law.<br />
Currently, more than 2.3 million separate patents are in<br />
existence. In 2004, more than 298,000 trademarks came up<br />
for registration. Despite this, imitations, or counterfeits are<br />
widespread. <strong>The</strong> BNEF estimates that counterfeiting is $60<br />
billion industry worldwide, costing legitimate manufacturers<br />
130,000 jobs annually. In 2004, a total of 2,900 notices of suits<br />
for trademarks were filed in various U.S. courts.<br />
Germany’s economy loses 30 billion euro ($36.20 billion) a<br />
year due to counterfeited products, patents and design rights,<br />
according to the German action group against product and<br />
brand piracy. Global losses were evaluated at 300 billion euro<br />
($362.04 billion) (German News Digest, June 2005).<br />
From November 2004 to March 2005 China arrested 419<br />
suspects for trademark infringement crimes (State Office of<br />
Intellectual Property Protection). <strong>The</strong> one-year campaign<br />
against trademark infringement launched by the Ministry of<br />
Public Security has led to more than 340 cases involving 100<br />
million yuan (US $12 million). Of these, 280 cases have been<br />
closed and 30 million yuan ($3.62 million) of economic<br />
losses recovered (Chinese News, 2005).<br />
<strong>The</strong> anti-piracy campaign, dubbed “Operation Eagle," has<br />
rooted out 81 major cases. In central China’s Henan province,<br />
local police smashed five criminal gangs illegally<br />
manufacturing and selling fake medicine and equipment<br />
totaling 50 million yuan (US $6 million). Various types of<br />
commodities were involved in the campaign, ranging from<br />
fake Toyota, Nissan and Mazda accessories, counterfeit<br />
Chanel and Boss cosmetics, household electronic appliances,<br />
medicine, clothing, tobacco, and alcohol.<br />
Co-Branding<br />
Co-branding can be a very successful strategy if “the resultant<br />
entity has a value greater than the value of the component<br />
parts” (Co-Branding, 1999, p. 9). Co-branding is a term that<br />
applies to many types of marketing activities involving at<br />
least two brand names. If the partners are well matched, the<br />
product or service becomes better and the both brands<br />
benefit. According to Tom Blackett and Nick Russel, cobranding<br />
is one type of co-operative arrangements, where<br />
others might be in the form of promotions, alliances, and<br />
joint ventures (Co-Branding, 1999, p. 7). Co-branding is<br />
often used to assist a brand owner entering new markets. For<br />
example, when Yum! Brands Inc. decided to expand KFC<br />
restaurants in Russia, it partnered with the Russian chicken<br />
chain Rostik’s to develop co-branded restaurants (Garber,
2005). <strong>The</strong>re is a special advantage to co-branding for some<br />
brand owners who would otherwise have a low profile for<br />
their brand.<br />
History of Pfaff and Pallet Trucks<br />
PFAFF SILBERBLAU: (http://www.pfaff-silberblau.de/)<br />
<strong>The</strong> company Pfaff has existed since the 19th century.<br />
For many years it has been famous in the world with its<br />
sewing, embroidery, over-lock, and quilting machines<br />
(http://www.pfaff.com/global/). After World War II, a new<br />
trend of lifting and material handling equipment emerged.<br />
So, Pfaff branched out into this new business. Today the two<br />
business lines are completely independent companies (Pfaff<br />
and Pfaff-silberblau) and have different owners. Heinrich<br />
Pfaff is the President of Pfaff-silberblau. <strong>The</strong> plants of the<br />
company are headquartered in Friedberg / Derching and<br />
Heilbronn, Germany. According to the company’s official<br />
Web site, international offices are located in Austria, France,<br />
Hungary, United Kingdom, <strong>The</strong> Netherlands, Switzerland,<br />
and Poland. <strong>The</strong>re are also 44 associated representatives<br />
around the world. <strong>The</strong> company also provides repair engineer<br />
training programs and courses dedicated to demonstrating<br />
the correct operation of material handling devices, crane<br />
hoists, and lifting equipment. <strong>The</strong> company’s regular press<br />
releases can be downloaded from: http://www.pfaffsilberblau.de/en/presse_frame/.<br />
PALLET TRUCKS: (http://www.telezhka.ru/)<br />
“Pallet Trucks” was created in Ekaterinburg, Russia, in 1996.<br />
It was established not long after business became legal in<br />
Russia following Perestroika. By September 2001, when the<br />
crisis occurred, Pallet Trucks had moved its main office to<br />
Moscow. It had also set up 53 offices all across Russia and<br />
managed to acquire 27% of the market share in lifting and<br />
handling equipment (Shchepilova, 2005). <strong>The</strong> partnership<br />
with Pfaff-silberblau was finalized in 1999, which gave Pallet<br />
Trucks exclusive representation of the “Pfaff-silberblau” in<br />
Russia (Kurdyukov, 2001). Pallet Trucks is the biggest<br />
company in the lifting and material handling segment in<br />
Russia, both in terms of the volume of sales and its<br />
geographic reach.<br />
Human Resources at Pallet Trucks<br />
Integral to the company’s business performance was its values<br />
and emphasis on human resources. Human resources issues<br />
were considered very important because only if all workers<br />
do their best can the company’s development be stable. Pallet<br />
Trucks values its employees highly and invests in their<br />
development. Each person hired is trained (this western<br />
arthur w. page society<br />
technology is still not typical in Russia) in technology driven<br />
functions. In addition, they study marketing, management<br />
and advertising techniques. Each new employee has to train<br />
at one of the branches and study client databases, prices,<br />
catalogues, negotiation, and delivery.<br />
<strong>The</strong> company is setting up a specialized Learning Center for<br />
employee training. Currently, two employees are pursuing<br />
MBA degrees and 27 people study at the university. In<br />
general, 73% of employees have university degrees<br />
(Shchepilova, 2005).<br />
All branches of the company are connected via Internet. All<br />
transactions are sent via the Internet to the corporate office in<br />
Moscow. Information is analyzed daily. On the basis of such<br />
analysis, plans are made for new purchases of equipment<br />
abroad. <strong>The</strong> company also has the Internet store<br />
(http://www.telezhka.ru/.)<br />
Pallet Trucks not only sells the equipment, but also offers<br />
customer service to its clients. <strong>The</strong> company has highlyqualified<br />
personnel who repair the equipment. <strong>The</strong> delivery is<br />
free for customers.<br />
<strong>The</strong> company is trying to prepare a “brand new store”<br />
package – to offer all of the equipment necessary for the new<br />
store in one package, not only a number of different items, as<br />
was previously typical in Russia. <strong>The</strong>re are two alternatives in<br />
this process: either cooperate with other companies or<br />
increase the selection of products.<br />
Pallet Trucks is the biggest company in Russia in the lifting<br />
and material-handling segment, both in terms of the volume<br />
of sales and its geographic reach.<br />
Western Investments and Economic<br />
Development in Russia in 2001<br />
In Russian industry, its trade and public catering sectors<br />
evoke the most foreign investor interest, drawing in 39.7%<br />
and 37.1% of investment, respectively (Novecon, 2001). By<br />
the end of 2001, the country had received $35.6b in foreign<br />
investments, which had come from 109 countries.<br />
According to the Russian Ministry of Economic Development<br />
and Trade, “Russia over the past two years, has overcome the<br />
severe consequences of the 1998 financial and economic crisis<br />
(Interfax International, 2001, April 5). <strong>The</strong> accumulated<br />
potential of positive trends that developed in the post-crisis<br />
period, favorable world economic trends, and domestic social<br />
and economic stability have maintained the upward trend in<br />
the most important economic indicators. Industry plays a<br />
deciding role in achieving growth.”<br />
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<strong>The</strong> leading foreign investors were Germany with 17.1% of<br />
total investments, the United States with 15.8%, Cyprus<br />
with 14.9%, Britain with 10.7%, France with 9.2%, <strong>The</strong><br />
Netherlands with 7.1% and Italy with 4.2%. New<br />
Independent States invested $32m in the Russian economy<br />
in 2001, representing 0.23% of the total invested.<br />
Industry Background: <strong>The</strong> Main Business<br />
Models for Selling Lifting and Material<br />
Handling Equipment in Russia<br />
Lifting and material handling equipment (used mostly in<br />
retail stores when delivery occurs) comprises machinery such<br />
as shifting skates, Kingmate material elevators, etc, most of<br />
which are imported. Russia imports these from Bulgaria, the<br />
Czech Republic, Holland, Finland, Italy, Germany, and China.<br />
Russian companies producing this equipment have a<br />
comparatively insignificant market share. <strong>The</strong> size of<br />
production for lifting and handling equipment is small, but<br />
the demand is “booming” in the Russian market, especially in<br />
the retail segment. Current domestic manufacturing in Russia<br />
produces poor quality equipment, which does not satisfy<br />
customers who have gotten used to western standards of<br />
quality. When the equipment is produced legally in China<br />
under the western brand, western specialists certify the<br />
factory, and the product has all necessary certificates, for<br />
example, ISO and others. However, the top managers of the<br />
major manufacturer “Uralgidravlika” has promised to<br />
introduce a new model that will include both Russian<br />
specifications and German details. This model, the manufacturer<br />
assured, would guarantee high quality at low prices.<br />
According to Vasiliy Kurdyukov, a journalist from the trade<br />
magazine Tekhnika dlya sklada (Store Equipment), the most<br />
traditional lifting and material handling equipment sold in<br />
Russia is produced in Bulgaria. It is famous, and customers<br />
were already familiar with it even before business became<br />
legal in Russia when Perestroika followed 70 years of<br />
Communism. Colloquially, customers call this kind of heavy<br />
equipment “bolgarka.” In fact, people do not distinguish<br />
between different types of brands or products. Every type of<br />
heavy equipment is termed “bolgarka.”<br />
At the end of 1990s Bulgarian equipment manufacturers held<br />
about 30% of the Russia’s market share. <strong>The</strong> product’s price<br />
from the Bulgarian factory was $140–180 and it was sold in<br />
Russia for $320 (Shchepilova, 2005). Thus the profit margins<br />
were very high. Bulgarian businessmen did not demand predetermined<br />
prices in the Russian market.<br />
More than 1,000 items of Bulgarian equipment were sold in<br />
Russia every month (see Appendix A, Model 1). “Pallet Trax,”<br />
arthur w. page society<br />
“TFN,”“Stella-Technik,”“Gortorgsnab,”“RIF,” and “Kartreid”<br />
were the major sellers of these products (Kurdyukov, 2001).<br />
<strong>The</strong>re were also many smaller companies that either bought<br />
from “Pallet Trucks” and other big companies, or directly<br />
from manufacturers in Bulgaria. <strong>The</strong> sale of this Bulgarian<br />
“bolgarka” type of lifting and handling equipment is not as<br />
profitable as it once was, although the price in Bulgaria<br />
remains the same. Increased competition from Western<br />
European manufacturers has caused vendors to drop their<br />
prices from $320 for equipment to $240. It has now become<br />
more profitable to sell equipment from other countries.<br />
However, because customers are used to “bolgarkas,” each<br />
dealer still offers it among its array of products.<br />
With the introduction of Western equipment, new business<br />
models were formed (see Appendix A, Model 2). Western<br />
companies began partnering with local players to market<br />
their products in Russia. <strong>The</strong>se local players were their<br />
exclusive representatives in the territory of Russia. In fact, all<br />
deals were to be conducted through the local representative.<br />
For instance, the Russian company “TFN” sells equipment<br />
exclusively for “Bellet.” Through this joint venture, the local<br />
representatives earn the largest share in profits.<br />
In 2000, the German company Pfaff-silberblau introduced its<br />
products into the Russian market. Within a year and a half, it<br />
seized a market share equivalent to the early Bulgarian<br />
equipment manufacturers. It accomplished this by entering<br />
into a business venture with the Russian company Pallet<br />
Trucks. At the time, Pallet Trucks had 3 branches in Moscow<br />
and 26 in other Russian cities and towns. Pallet Trucks was the<br />
exclusive representative of Pfaff-silberblau (Shchepilova,<br />
2005).<br />
In 2002 German executives decided to open the Hubwagen<br />
und Rader company that became the official representative of<br />
Pfaff-silberblau in Russia. <strong>The</strong> German executives continued<br />
to cooperate with Pallet Trucks, but wanted other<br />
representatives to sell their product too (Shchepilova, 2005;<br />
see Appendix A, Model 3).<br />
Hubwagen und Rader aimed to coordinate the delivery, price<br />
control, level of service, and other aspects of sale in the<br />
country. This was to guarantee the same price policy and<br />
stable development of the brand in Russia. In this third<br />
model, the company planned to build multiple partnerships<br />
with Russian sellers, so Pallet Trucks was no longer the<br />
exclusive representative.<br />
<strong>The</strong>re was another business model that was being followed in<br />
Russia, where European companies set up their own regional<br />
companies in the country (see Appendix A, Model 4). This<br />
was done by companies such as “BT,”“Jungheinrich,”“Still,”
and “Linde.” <strong>The</strong>se regional companies monitor Russian<br />
dealers stringently. <strong>The</strong>refore, under these arrangements,<br />
Russian sellers’ profit margins have fallen. <strong>The</strong> local<br />
representatives of the parent companies are very active in<br />
offering their product directly to customers. However, they<br />
consider only those customers who buy the whole “package”<br />
of equipment for the huge store or supermarket. In return<br />
the customers get hefty discounts and special offers.<br />
Currently, European representatives possess a relatively small<br />
proportion of the market. However, they are very active and<br />
are trying to capture the larger, more lucrative customers.<br />
Pallet Trucks<br />
Creation of the Business Structure<br />
<strong>The</strong> business structure of Pallet Trucks aided it in handling<br />
the crisis that unfolded in 2001. In 2001, Pallet Trucks had an<br />
exclusive sales relationship with Pfaff-silberblau to sell its<br />
lifting and handling equipment in Russia. At the time, the<br />
business structure of Pallet was created to:<br />
1. Bring the product closer to customers. New branches of<br />
Pallet Trucks were set up in cities and towns where many<br />
new retail outlets were being opened.<br />
2. Increase sales volume by setting up this extensive network.<br />
Increasing volume would give the company the<br />
opportunity to lower prices. In effect, this led the company<br />
to capture 27% of the market share.<br />
Crisis<br />
In September 2001, the young Russian company Pallet Trucks<br />
(formed in 1996) discovered that the market was flooded<br />
with fake copies of the lifting and handling equipment of its<br />
German partner Pfaff-silberblau.Uncertified factories in China<br />
were producing these machines and small Russian firms were<br />
selling them at 30% lower prices to Russian customers.<br />
Pallet Trucks, as a result of its environment scanning, realized<br />
the Pfaff brand was being pirated after certain firms<br />
advertised sales of Pfaff-silberblau’s equipment. Pallet Trucks<br />
was, at the time, the exclusive representative of Pfaffsilberblau<br />
equipment. It knew very well that the advertised<br />
equipment was either acquired through dubious means or<br />
had to be fake. To determine which was the case,<br />
representatives of Pallet Trucks bought samples of the<br />
counterfeit equipment to determine its quality. <strong>The</strong> findings<br />
of the experts were clear: the equipment was fake. <strong>The</strong><br />
reduced quality of the fake equipment was described in the<br />
official documents and the information was used at the press<br />
conference announcing the problem.<br />
arthur w. page society<br />
Although it is considered unusual to see counterfeit lifting<br />
and handling equipment on the market, in practice it turned<br />
out that production was not difficult to organize in China.<br />
<strong>The</strong> Pallet Trucks and Pfaff-silberblau CEOs made the decision<br />
to use public relations strategies instead of filing lawsuits<br />
against several Russian firms selling the fake equipment. In<br />
Russia, the situation is that the official law can take a long<br />
time to resolve cases and appeals. Even having proof that<br />
competitors were selling counterfeit equipment might not be<br />
enough to win the case. Legal cases can be drawn out, are<br />
expensive, and the outcome not assured.<br />
<strong>The</strong> Business Problem<br />
<strong>The</strong> immediate problem facing the two partners was profit<br />
loss. But an even bigger challenge was the blot on their<br />
reputations. A company’s brand image affords it market<br />
credibility and quality assurance. Negative word-of-mouth<br />
about equipment quality was causing serious harm to sales.<br />
Users of the products were telling potential customers about<br />
the product’s failure.<br />
Although we cannot illustrate how the crisis financially<br />
affected the company, as the Russian stock market is not yet<br />
formed and profit information is officially confidential, this<br />
case study is based on the analysis of Russian and German Web<br />
sites, trade magazines, an interview with Galina Shchepilova,<br />
the public relations director of Pallet Trucks, Moscow, and<br />
copies of the corporate newsletter of Pallet Trucks.<br />
<strong>The</strong> Main Elements of the PR<br />
Campaign: <strong>The</strong> Response<br />
During the public relations campaign, the main decisions<br />
were: 1) to respond quickly to the situation at hand; 2) to<br />
change the attitude of the market participants; 3) to<br />
successfully segment editors and journalists (trade magazines,<br />
information agencies, business editions); 4) to invite<br />
Heinrich Pfaff and Otto Muller to Moscow and organize a<br />
press conference; 5) to continue to develop a brand image of<br />
Pallet Trucks after solving the problem.<br />
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<strong>The</strong> Main Objectives were:<br />
1. To let people know that fake products were being sold.<br />
2. To describe the value of the genuine brand.<br />
3. To protect the brands and reputations of Pfaff and Pallet<br />
Trucks.<br />
To achieve these objectives, the following sequences of events<br />
unfolded (also see Timeline Table):<br />
1. Top managers, together with public relations specialists of<br />
the company “Pallet Trucks,” decided to organize a press<br />
conference at the fall exhibition in Expo-Centre, Moscow,<br />
Russia, in November 2001. This is the biggest annual<br />
exhibition of equipment in Russia. <strong>The</strong> representatives of<br />
all serious companies that deal with equipment and<br />
interested customers attend. <strong>The</strong> idea to organize the press<br />
conference about the fake equipment was a new strategy in<br />
Russia at that time.<br />
2. <strong>The</strong> company decided to find partners to jointly enter the<br />
exhibition. It selected companies that were its indirect<br />
competitors in the market. It was done in order to create a<br />
trade group, or non-commercial partnership, in the future.<br />
Timetable<br />
Environmental Scanning<br />
Discovery of Fake Equipment<br />
Technical Expertise<br />
Executive Round Table<br />
Decision to Use PR Strategies<br />
Press Release Program<br />
Press-conference in Moscow<br />
Journalists Visit Germany<br />
Creation of Non-Commercial Partnership<br />
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3. <strong>The</strong> President of the German company Pfaff-silberblau<br />
Heinrich Pfaff arrived at the exhibition and made a<br />
presentation about the company and its product.<br />
4. Otto Miller, the main engineer of Pfaff-silberblau with 30<br />
years of experience, made a presentation at the conference.<br />
5. A documentary about the product was shown. It included<br />
information about changes in the product delivered<br />
specifically to Russia and tailored to Russian needs.<br />
6. A presentation of the new model of a King-mate material<br />
elevator was organized.<br />
7. Partners, potential clients and reporters were invited to the<br />
presentation.<br />
8. It was decided to organize a “working presentation” for the<br />
next exhibition. Representatives of the company would<br />
demonstrate how different types of equipment operate.<br />
9. Six Russian journalists were invited to visit the Pfaffsilberblau<br />
plants, one of the main German exhibitions of<br />
equipment in Hanover, Germany (Hannover Messe, April,<br />
2002) and attend the exhibition in Frankfurt, Germany<br />
(Frankfurt Messe, April, 2002).<br />
2001 2002<br />
Sep Oct Nov Dec Jan Feb Mar Apr May Jun
<strong>The</strong> more specific overall strategies and tactics were:<br />
1. To transform the attitude of its publics, Pallet Trucks<br />
invited journalists from different media organizations and<br />
market participants (customers and non-direct<br />
competitors) at the trade show. <strong>The</strong> journalists were<br />
invited from:<br />
a. Specialized trade magazines that wrote about lifting and<br />
handling equipment: Sovremennyi Sklad (Contemporary<br />
Store), Expert-Oborudovanie (Expert – Equipment),<br />
Tekhnika dlya Sklada (Technology for the Store).<br />
b. Information Agencies: e.g., Interfax International.<br />
c. Business Editions: Kommersant, Vedomosti.<br />
2. To create its market position.<br />
a. Participants of the market began to help solidify the<br />
company’s leadership position.<br />
b. Further develop integration marketing communication<br />
capabilities.<br />
3. To present guest speakers from Germany. Heinrich Pfaff<br />
and Otto Miller presented the company’s case in Moscow.<br />
4. To build the image of Pallet Trucks company following the<br />
crisis. This further led to Pallet Trucks opening subsidiaries<br />
that manufactured lifting and handling equipment in<br />
Russia (“Tura”), Poland (“Lema”), and Germany (“Otto<br />
Kurdbach”).<br />
5. To create an understanding of its brand so potential<br />
customers know what the brand stands for, the value it<br />
provides and “the benefits they can accrue” (Davis &<br />
Dann, 2002, p. 204). Pallet Trucks achieved this using<br />
opportunities at exhibitions, trade magazines (magazines<br />
about lifting and material handling equipment), and<br />
presentations.<br />
6. To develop the opportunity for Russian journalists from<br />
selected segments of media to see the main European<br />
exhibitions of equipment in Hanover and Frankfurt,<br />
Germany.<br />
7. To prepare and plan for future marketplace and industry<br />
challenges by creating the trade group “Business for<br />
Business” as a long-term goal.<br />
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Protecting the Future of the Industry:<br />
Creation of the Trade Group “Business for<br />
Business”<br />
To be proactive and address future situations, the top<br />
managers of Pallet Trucks decided to create a trade group<br />
(called non-commercial partnerships in Russian) in<br />
cooperation with two other companies. <strong>The</strong> goal of the trade<br />
group is to cooperate with other market participants in order<br />
to reach non-official agreements and rules on the market<br />
segment of lifting and handling equipment.<br />
<strong>The</strong> “Business for Business” trade group has worked in several<br />
directions: market research and analysis, educational<br />
programs, advertising and public relations, organization of<br />
mutual actions, informational and legal support, lobbying, etc.<br />
Trade Group Activities<br />
Market Research and Analysis<br />
1. Analysis of the market, writing analytical reviews<br />
including evaluation of market size, selection of product,<br />
positions of the main players and development of<br />
perspectives.<br />
2. Monitoring the advertising activities of the firms working<br />
in the market segment.<br />
3. Monitoring articles on market development problems<br />
published in trade and general interest publications.<br />
<strong>The</strong> report on above activities was scheduled monthly in<br />
cooperation with the magazine Loginfo and the Agency of<br />
Business Communication.<br />
Educational Programs<br />
1. Organization of seminars and training sessions for both<br />
industry members and the public.<br />
2. Information support of educational events organized by<br />
other providers.<br />
3. Recommendations on the development of qualifications<br />
for employees of trade group members.<br />
4. Information support on the new textbooks and a book on<br />
marketing, management, advertising, human resources,<br />
etc.<br />
<strong>The</strong> report on the above activities was scheduled to be done<br />
monthly, together with the Agency of the Humanitarian<br />
Technologies.<br />
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48<br />
Advertising and Public Relations<br />
1. Advertising and PR support of the companies of the<br />
trade group.<br />
2. Information support on new directions in advertising,<br />
prices and condition changes.<br />
3. Publication of articles about issues related to the market<br />
segment, with a goal to influence public opinion in general<br />
and business sector participants in particular.<br />
4. Design of advertising strategies for firms within the<br />
trade group.<br />
5. Participation in the “Brand of the Year,”“Company of the<br />
Year,”“Golden Businessman” competitions, as well as<br />
providing information about the contests and preparing<br />
the application packages of members.<br />
<strong>The</strong> report on above activities was scheduled for completion<br />
every three months in cooperation with the editions<br />
specialized in lifting and material handling equipment.<br />
Appendix A Business Sales Models (According to Shchepilova, 2005)<br />
Model 1. Everybody Who Wants to Sell Sells (“Bulgarian Model”) 1996–1999<br />
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Organization of the Mutual Actions<br />
1. Participation and cooperation in exhibits, renting<br />
exhibition space, program design, and participation in<br />
collateral events (press-conferences, seminars).<br />
2. Creation and development of databases.<br />
3. Organization of mutual advertising companies.<br />
4. Mutual sending of direct mail.<br />
5. Organization of cross-advertising actions with the<br />
companies out of the trade group.<br />
6. Organization of mutual promotions.<br />
7. Publications of mutual catalogues.<br />
All events are planned and designed according to the interests<br />
of the particular companies within the trade. <strong>The</strong> trade group<br />
is the organizer and coordinator of mutual actions.
Informational Support<br />
1. Creation of and information support for the trade group’s<br />
Web site.<br />
2. Publication of periodicals about market problems and<br />
issues.<br />
3. Information support for specialized exhibitions, new<br />
editions, advertising services, books, seminars, etc.<br />
4. Information about partnership members about planned<br />
company offerings.<br />
Members of the group receive 50% discount for placing their<br />
ads in trade group publications or advertising on its Web site.<br />
Model 2. Manufacturers Partner with<br />
Exclusive Sales Representatives: 1999–2001<br />
Legal Support<br />
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1. Brand protection.<br />
2. Document preparation for the courtroom.<br />
3. Support new brands and registration of brand symbols<br />
and licenses.<br />
<strong>The</strong> activities were planned in cooperation with the Russian<br />
legal services “Gorodnitskiy and Co.”<br />
Lobbying Information<br />
1. Applications on behalf of the trade group to the official local<br />
and governmental authorities on company-partners issues.<br />
2. Participation in the work of other non-profit<br />
organizations and trade groups discussing issues<br />
connected with the activities of the group.<br />
3. Preparation of the necessary documents, analytical review,<br />
etc., when necessary to explain the activities of the group.<br />
<strong>The</strong> activities were connected with Moscow Town Hall,<br />
Russian Duma, and regional authorities.<br />
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Consulting<br />
1. Regular consulting on the issues of:<br />
• Marketing and advertising<br />
• Legal support<br />
• Business planning<br />
• Accounting and Revenue information<br />
2. Highly specialized counseling targeting specific enquiries.<br />
<strong>The</strong> above activities were scheduled monthly (number two –<br />
according to the agreements) and in cooperation with<br />
publications: Glavnyi Bukhgalter (Chief Accountant),<br />
Konsultant-Plus.<br />
<strong>The</strong> outcome in such a situation depends a lot on the public<br />
relations personalities. During the research of the case we<br />
conducted the interview with the PR Department Manager of<br />
Pallet Trucks, Galina Shchepilova. She has working experience<br />
as Public Relations Department Manager for Interfax<br />
(Russian news agency), Detskiy Mir (large store chain),<br />
associate professor at the Moscow University, and owner of a<br />
consultancy.<br />
Conclusion<br />
Model 3. Manufacturers Allow Everybody Who Wants to Sell to Sell, but According to the Rules: Since 2002.<br />
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According to the interview with Artem Virronen, president of<br />
Pallet Trucks, the company now has 30 to 35 percent of the<br />
Russian market for lifting and handling equipment. <strong>The</strong><br />
branches of the company are located throughout Russia:<br />
Moscow, St. Petersburg, Tver’, Yaroslavl’, Ryazan’, Nizhniy<br />
Novgorod, Voronezh, Saratov, Saransk, Kazan’, Naberezhnye<br />
Chelny, Izhevsk, Perm’, Tolyatti, Samara, Ufa, Chelyabinsk,<br />
Kirov, Ekaterinburg, Tyumen’, Barnaul, Kemerovo,<br />
Kransoyarsk, Irkutsk. Branches in Poland and Germany have<br />
been opened. According to the interview with Lev Vashchuk,<br />
director of the Pallet Trucks (Available on the Web site of Pallet<br />
Trucks), the list of customers includes big store clients such as<br />
Perekrestok, Komus, Mir, Ramstore, Ashan, Danon, MosMart,<br />
Pepsi plants, Oriflame, and big Moscow printing services.
Also of note is that <strong>The</strong> Department of Public Relations and<br />
Advertising has gained more influence since the crisis. It has<br />
grown from a staff of just 5 people to 38 in the last four years<br />
(Shchepilova, 2005), and the attitude of the management<br />
towards public relations has changed; management no longer<br />
tells the department what to do to, but listens carefully to<br />
public relations suggestions.<br />
<strong>The</strong> Pallet Trucks company not only addressed the problem<br />
by using PR techniques but also used the crisis as an<br />
opportunity to attract new customers. <strong>The</strong> company is now<br />
considering participating in the U.S. stock market.<br />
Model 4. Western Companies Open Offices in Russia.<br />
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Key Takeaway Points<br />
1. Recognize the value of strategic communications.<br />
2. Remember that public relations not only creates the brand<br />
but also protects it, especially when legal avenues are not a<br />
viable option.<br />
3. Understand that reputation is a form of property, and it is<br />
important to keep in mind how “reputational capital” can<br />
be built.<br />
4. Keep a crisis plan ready.<br />
5. Know that problems can be turned into opportunities.<br />
6. Find experienced partners, especially in a new<br />
environment.<br />
7. Consider co-branding with an established company for<br />
improving your brand’s image as you enter a new market.<br />
“Public relations is the least often used but potentially most<br />
powerful communications tool at your disposal,” states Scott<br />
Davis (Davis, 2000, 165). <strong>The</strong> case of Pallet Trucks /Pfaffsilberblau<br />
shows an effective, efficient, and economical way to<br />
protect the brand.<br />
51
52<br />
Appendix B Chart of Activities of the Trade Group “Business for Business”<br />
(Presented by Galina Shchepilova and translated from Russian by Authors)<br />
Goals<br />
Research and<br />
Analysis of the<br />
Market<br />
Educational<br />
Programs<br />
Advertising and<br />
Public relations<br />
Organization<br />
of the Mutual<br />
Actions<br />
Activities<br />
1. Analysis of the market: writing analytical reviews including evaluation of<br />
the size of the market, selection of product, positions of the main players<br />
and perspectives of development.<br />
2. Monitoring of the advertising activities of the firms working in the<br />
segment of the market.<br />
3. Monitoring of the articles on the problems of the development of the<br />
market published in the specialized and non-specialized (general<br />
interest) editions.<br />
1. Organization of seminars and training “round tables” for both partners<br />
and the public.<br />
2. Information support of educational events organized by other providers.<br />
3. Recommendations on the development of the qualifications of the<br />
employees of the firms partners.<br />
4. Information support on the new textbooks and the book on marketing,<br />
management, advertising, human resources, etc.<br />
1. Advertising and public relations support trade group members.<br />
2. Information support on new directions in advertising, prices and<br />
condition changes.<br />
3. Publication of articles about problems of the market segment, with a goal<br />
to influence public opinion in general and segment participants.<br />
4. Design of the advertising strategies of the firms within the trade group.<br />
5. Participation in the “Brand of the Year”, “Company of the Year”, “Golden<br />
Businessman,” competitions providing information about the<br />
competitions and preparation of the application package.<br />
1. Participation in organization of the exhibitions, renting the space at the<br />
exhibitions, design of the program of participation, cooperative events<br />
(press-conferences, seminars).<br />
2. Creation and development of databases.<br />
3. Organization of mutual advertising companies.<br />
4. Sending sponsored direct mail pieces.<br />
5. Organization of cross-advertising actions with the companies out of the<br />
trade group.<br />
6. Organization of mutual promotions.<br />
7. Publishing of mutual catalogues.<br />
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Frequency<br />
Every three months, both in<br />
paper and electronic versions.<br />
Every three months, both in<br />
paper and electronic versions.<br />
Clippings – once a month.<br />
Once every three months<br />
Monthly<br />
Every three months<br />
Every three months<br />
Conducted with the Agency of<br />
Humanitarian Technologies<br />
According to the agreement.<br />
Every three months<br />
Every three months<br />
One or two articles a month.<br />
Cooperation: specialized<br />
editions.<br />
All events are planned and<br />
designed according to the<br />
interests of the certain<br />
companies within the<br />
Partnership. <strong>The</strong> Partnership is<br />
the organizer and coordinator of<br />
mutual actions.<br />
Cooperation: top managers of<br />
the specialized exhibitions,<br />
promotion agencies.
Goals<br />
Informational<br />
Support<br />
Legal Support<br />
Lobbying<br />
Consulting<br />
Activities<br />
1. Creation and informational support for the group’s Web site.<br />
2. Publish periodicals about market issues.<br />
3. Information support of the specialized exhibits, advertising services,<br />
books, seminars, etc.<br />
4. Information from trade group members about<br />
planned tenders.<br />
1. Brand protection.<br />
2. Document preparation for the courtroom.<br />
3. Support of new brand and registration of brand symbols and licenses.<br />
1. Applications on behalf of trade group to the official local and<br />
governmental authorities on the issues of the companies-partners.<br />
2. Participation in the work of other nonprofit organizations and trade<br />
groups to discuss issues connected with the activities of the group.<br />
3. Preparation with the necessary documents, analytical reviews, etc.,<br />
when necessary to explain the activities of the group.<br />
1. Regular consulting on the issues<br />
• Marketing and advertising<br />
• Legal support<br />
• Business planning<br />
• Accounting and Revenue information<br />
2. Highly qualified specialized consulting.<br />
REFERENCES<br />
Barlow, Janelle and Stewart, Paul. (2004). Branded Customer Service: <strong>The</strong> New<br />
Competitive Edge. San Francisco: Berrett-Koehler Publisher, Inc.<br />
Chinese News (2005). Available from<br />
http://www1.cei.gov.cn/ce/doc/cep1/200504151438.htm/.<br />
Clifton, Rita and Maughan, Esther. (2000). <strong>The</strong> Future of Brands. New York: New York<br />
University Press.<br />
Co-Branding: <strong>The</strong> Science of Alliance. (1999). Ed. Blacket, Tom & Boad, Bob. New York:<br />
St.Martin’s Press.<br />
Corporate newsletter of the company Pallet Trucks. 2000-2005.<br />
Expert oborudovanie. In Russian. Available from http://www.expert.ru/.<br />
Davis, Scott, M. (2000). Brand Asset Management: Driving Profitable Growth Through<br />
Your Brands. San Francisco: Jossey-Bass.<br />
Davis, Scott, M. & Dunn, Michael. (2002). Building the Brand-Driven Business. San<br />
Francisco: Jossey-Bass.<br />
Department of Commerce. Available from: http://home.doc.gov/.<br />
Feldwick, Paul. (1991). Defining a Brand. In: Understanding Brands, ed. by Don Cowley.<br />
London: Kogan <strong>Page</strong>.<br />
Garber, Amy. (2005, July 4). KFC, Russia’s Rostik’s become comrades in wings. Nation’s<br />
Restaurant News, 39(27), p. 1+.<br />
arthur w. page society<br />
Activities<br />
Daily<br />
Monthly<br />
Monthly<br />
Members of the trade have<br />
50% discount publishing their<br />
advertising on the web site and<br />
in the periodicals.<br />
<strong>The</strong> trade group solves<br />
organizational problems.<br />
In cooperation with the legal<br />
services of “Gorodnitskiy and Co”<br />
If necessary<br />
Constantly<br />
If necessary Contacts: Town<br />
Hall, Duma, regional authorities.<br />
Monthly<br />
According to the agreements.<br />
Cooperation with editions:<br />
Glavnyi Bukhgalter (Chief<br />
Accountant), Konsultant-Plus.<br />
Infoplease Website (2005). Available from<br />
http://www.infoplease.com/spot/trademarks1.html/.<br />
Interview with Artem Virronen, President of the Council of Directors of Pallet Trucks.<br />
In Russian. [cited November 2 2005]. Available from<br />
http://www.telezhka.ru/news/single/?286/.<br />
Interview with Galina Shchepilova, Public Relations Director of Pallet Trucks.<br />
September 26, 2005. Unpublished.<br />
Interview with Lev Vashchuk, Director of Pallet Trucks. In Russian. [cited November 2<br />
2005]. Available from http://www.telezhka.ru/news/single/?283/.<br />
Kurdyukov, Vasiliy. <strong>The</strong> Main Schemes of the Selling of Lifting and Handling equipment<br />
in Russia. Tekhnika dlya sklada. October, 2001.<br />
Pallet Trucks Web Site. Available from http://www.telezhka.ru/.<br />
Pfaff-silberblau Web Site. Available from: http://www.pfaff-silberblau.de/.<br />
Russian Economy in 2001. Novecon web site. March 7, 2002.<br />
Sekret firmy. In Russian. Available from http://www.cfin.ru/press/sf/.<br />
Sklad i Ttekhnika. Available from http://www.sitmag.ru/.<br />
U.S. Patent and Trademark Office. Available from: http://www.uspto.gov/.<br />
Upshaw, Lynn. (1995). Business Brand Identity: A Strategy for Success in a Hostile<br />
Marketplace. New York: John Wiley & Sons, Inc.<br />
53
54<br />
Background<br />
second place<br />
Anna Strahs<br />
Faculty Adviser: Dr. Yan Jin<br />
School of Mass Communications<br />
Virginia Commonwealth University<br />
Court of Public Opinion Points Finger at Wendy’s<br />
On Tuesday, March 22, it is “business-as-usual” 1 for the<br />
Wendy’s located on 1405 Monterey Road in San Jose,<br />
California. A forty-ish looking woman with curly black hair<br />
orders a cup of chili, and takes a seat to enjoy her dinner. A<br />
few minutes later, she jumps up screaming and runs to the<br />
bathroom. She emerges, and proclaims loudly that she has<br />
just found a human finger in her food.<br />
On Wednesday, March 23, it is again “business-as-usual” for<br />
the Wendy’s located on 1405 Monterey Road in San Jose,<br />
California. Gary Grant, a customer of the Monterey Road<br />
restaurant, is disappointed. “We come here all the time,’’<br />
Grant said. “We just ate here today, and nobody said a thing.<br />
<strong>The</strong>re were no signs up. How can you trust somebody like<br />
that? You’re still serving food. Which basically means you<br />
don’t care.’’ 2<br />
Fernando Anaya, another Wendy’s customer, was a bit more<br />
optimistic. He orders a salad, joking, “Where’s the finger at?” 3<br />
In the following weeks, the “Chili Crisis” unfolded to a court<br />
of public opinion.<br />
“#$&!”<br />
First, health officials hastened to assure the public that “the<br />
finger had been cooked at a high enough temperature to kill<br />
any viruses, including hepatitis or HIV, and that it” 4 is very<br />
unlikely the victim would suffer physical health effects from<br />
the contamination. Baseline viral testing was recommended<br />
for the victim, but only to provide for comparison if a foodborne<br />
illness arose 5.<br />
After the initial shock, a crazed media began to take on the<br />
Chili Crisis case. “Woman Bites Off More Than She Can<br />
Chew,” read the Montreal Gazette, and “Finger Food Leaves<br />
Diner with Really Bad Taste; Chili Had To Much of A Human<br />
Touch,” proclaimed the Salt Lake Tribune. 6<br />
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Officials checked Wendy’s employees and all the factories that<br />
the chili came from to try and locate the owner of the missing<br />
finger. All employees passed a visual inspection, and within<br />
days the parent company Wendy’s was able to say that the<br />
finger did not come from within – it had to have come from<br />
an outside source.<br />
But It’s Not Just Wendy’s!<br />
Other companies have also had to deal with consumer<br />
tampering. In 1987 two California men carved a finger out of<br />
tripe, and claimed they ’found’ it in their can of Juanita’s<br />
Menudo soup. 7 In 2000 it was the “Chicken McNoggin.” A<br />
woman from Virginia claimed she found a fried chicken head<br />
in her box of chicken wings from McDonalds. She<br />
immediately contacted the media and “lawyered up.”<br />
Although reporters said it looked like it had been fried with<br />
the other wings, the woman refused to give up the chicken<br />
head for examination. 8<br />
<strong>The</strong>re was the “Clam Condom” found in seafood at<br />
McCormick and Schmick’s seafood restaurant in Irvine, CA;<br />
and the dead mouse found in vegetable soup at the Cracker<br />
Barrel. Cracker Barrel had an autopsy performed to discover<br />
that the mouse had died from skull fracture, not from<br />
drowning. <strong>The</strong> woman was arrested and Cracker Barrel<br />
moved on. 9<br />
Food tampering is nothing new. So why did the Chili Finger<br />
consume the media for months? <strong>The</strong> “Clam Condom” had<br />
hardly made headlines. Where did Wendy’s go wrong? Other<br />
companies have dealt with and recovered from product<br />
tampering without having to lay off any employees.<br />
In this case, the blame rests entirely on an external party.
Why This <strong>Case</strong> Matters – A Fast Look at Fast Food<br />
<strong>The</strong> chili crisis is interesting from a manager’s perspective<br />
because it involves factors that are out of a manager’s control.<br />
Nothing Wendy’s could have done internally would have<br />
prevented an external factor from tampering with Wendy’s<br />
product.<br />
What should Wendy’s have done to assure the public that<br />
every course of appropriate action had been taken; and that<br />
the entire incident was a hoax? Perhaps most importantly,<br />
what actions should management take to handle an<br />
unforeseen crisis?<br />
For corporate decision makers, examinations of the above<br />
questions will shed light on how to optimize crisis<br />
management decision-making when confronted by<br />
unexpected external threats so as to communicate with the<br />
publics in effective and ethical manners.<br />
Unwrapping the Crisis<br />
“Where’d that sucker come from?”<br />
<strong>The</strong> finger came from a man named Brian Rossiter.<br />
On December 20, 2004 James Placencia approached Rossiter,<br />
a co-worker at Lamp Asphalt, who owed him $50 in gambling<br />
debt.<br />
<strong>The</strong> two men discussed the finger that Rossiter had recently<br />
lost in an industrial accident, and it was agreed that Placencia<br />
would forgive the debt if Rossiter forked over the finger.<br />
Three months later, Placencia’s wife, Anna Ayala put the<br />
finger in her chili and hired a lawyer to sue Wendy’s. What<br />
followed was a very closely watched public crisis for Wendy’s<br />
management, employees and customers alike.<br />
What Once Was, Is No Longer<br />
Corporate culture and history can be described as “feelings,<br />
underlying beliefs, values, history, and assumptions about an<br />
organization.” 10 <strong>The</strong>se traits take root in experiences, stories,<br />
and behavior patterns. Culture is difficult to develop or<br />
change, and is important because it “tells people what is and<br />
is not okay.” 11<br />
Dave Thomas, Wendy’s founder, recognized the need for<br />
culture. He “dreamed of building a place where families<br />
would come together to enjoy delicious meals in a<br />
comfortable and friendly environment.” 12 He wanted to run<br />
the best restaurant in the world. He believed that honesty,<br />
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quality, and integrity would help him achieve his dream. He<br />
believed in this so strongly that he made “Quality is Our<br />
Recipe” a permanent part of the Wendy’s logo. 13<br />
Thomas urged others to “do the right thing,” and live life with<br />
honesty and integrity. Personal integrity, he used to say, was<br />
the most important value a person could have.<br />
Thomas became Wendy’s spokesman, and Americans quickly<br />
came to love him for his down-to-earth, homey style. 14 Over<br />
800 commercials later, Thomas was one of the nation’s most<br />
recognizable spokesmen. “Because of his honesty and oldfashioned<br />
values, Dave emerged from Wendy’s advertising<br />
campaign as an American folk hero.” 15<br />
Wendy’s President and CEO Jack Schuessler said, “Dave kept<br />
reminding us that he was just a hamburger cook.” This<br />
behind-the-scenes modesty and family oriented atmosphere<br />
kept Wendy’s at the top, with employees who cared and<br />
customers to cater to. 16 Thomas passed away in 2002, but his<br />
legacy lived on.<br />
Two years later, that same legacy and image of quality and<br />
sterile reputation was questioned overnight. Just hours after<br />
Ayala’s claim, the No. 3 burger chain in the country 17 became<br />
the laughingstock of newspapers and late night TV shows as<br />
their consumers stopped eating at Wendy’s in disgust.<br />
Threat Assessment<br />
Behind the Scenes<br />
Unable to deal with the drop in business, Wendy’s began to<br />
lay off their employees. Wendy’s spokesman Denny Lynch<br />
said that employee hours and wages were cut as stock and<br />
sales slumped because of the publicity from the event. <strong>The</strong><br />
impact it had on sales caused the decrease in employee hours.<br />
“It has been devastating. <strong>The</strong> impact in sales has been<br />
significant,” he said of the layoffs. 18<br />
In the Hands of a Critical Public<br />
Wendy’s had no previous experience in crisis management.<br />
As a company able to boast a solid and reputable background,<br />
consumers had flocked to the restaurant with no prior<br />
problems. This consistent, reliable, and reputable<br />
organization had no idea how to handle the situation they<br />
found themselves in.<br />
“<strong>The</strong>y completely lost sight of the actual crisis,” Crisis<br />
Manager Steven Fink said. “This is a common mistake for<br />
companies inexperienced in crisis management. <strong>The</strong> finger in<br />
the chili was not the keystone crisis: it was an event that<br />
55
56<br />
caused a massive crisis of confidence in the public’s mind<br />
having to do with the safety and cleanliness and quality of<br />
Wendy’s food. In short: A crisis of perception. This is why<br />
sales plummeted by a reported 50 percent. At no time did the<br />
company take any proactive steps to assure customers that it<br />
was safe to eat at Wendy’s, nor did it offer up any outside food<br />
or health experts to speak to the news media on its behalf.” 19<br />
With no crisis management plan in place in advance, Wendy’s<br />
was forced to try and muster up an off-the-cuff strategy to<br />
combat the crisis. 20<br />
Key Players in the Conflict<br />
[See Appendixes I and II]<br />
Although Ayala initiated the crisis, there are others who<br />
played significant roles in the aftermath of the incident. James<br />
Placencia, her husband, got the finger from Brian Rossiter,<br />
who lost the finger in an industrial accident at Lamp Asphalt,<br />
where the two men worked.<br />
CEO Jack Schuessler was the main line of communication<br />
during the incident between the company and the public.<br />
Other members of Wendy’s were not seen by the public<br />
during the crisis.<br />
Of all internal and external players, Anna Ayala and James<br />
Placencia were the two main figures associated with the crisis.<br />
Consumers<br />
Anna Ayala and James Placencia<br />
Both Anna Ayala and James Placencia have had previous runins<br />
with the law. Ayala has a history of numerous extortion<br />
schemes gone awry, and Placencia was a “deadbeat dad”<br />
behind on his bills and was wanted for owed child support.<br />
Court, Lawsuits…<br />
Wendy’s did not file a lawsuit against Placencia and Ayala; nor<br />
did any other external rights’ or consumers groups. San Jose<br />
law enforcement took the responsibility of prosecution, as<br />
that is where the incident occurred.<br />
Bob Parsons of Hot Points – A blog by Bob Parsons – wrote<br />
on Sunday, April 24, 2005 that “Ms. Ayala’s false claim<br />
brought many copycats out of the woodwork…It seems that<br />
Ms. Ayala’s stunt inspired no less than 20 others…to file<br />
copycat claims against Wendy’s. Keep in mind that there are<br />
usually no claims of this nature filed against the chain.” 21 No<br />
record could be found pertaining to what became of the<br />
claims.<br />
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Although many blogs and stories surfaced on the Internet’s<br />
search engines, other than the individual copycat lawsuits,<br />
there is no record of any general consumer groups that<br />
attempted legal action.<br />
COUNT ’EM ON ONE HAND…Wendy’s Troops<br />
March 23, 2005, the day after the crisis began, CBS, USA<br />
Today and numerous other news organizations had flooded<br />
the media with headlines like “Human Finger Found in Fast<br />
Food Chili” and “Sales drop at Wendy’s.” By the end of<br />
March, it was “Woman Files Lawsuit Over Finger in Chili.” In<br />
early April, speculation of who the finger belonged to had<br />
taken over, and Ayala was accused of planting the finger. She<br />
began to appear in court the first week of May 2005; by May<br />
14, 2005 ABC declared, “Police Solve <strong>Case</strong> of Missing Finger,”<br />
and CBS announced “Wendy’s Off Hook in Finger <strong>Case</strong>.”<br />
This synopsis of media events was perceived and handled<br />
differently by two other publics – Wendy’s and the legal side<br />
of the crisis.<br />
[See Appendix III for a detailed timeline followed headlines<br />
and events pertinent to the case.]<br />
Further discussion of players and publics can be found below.<br />
Public Relations<br />
“It seemed to take the Wendy’s PR machine forever to gear<br />
up,” 22 said Doug Albertson, principal of Albertson Consulting<br />
Group and an Adjunct Marketing Instructor at the University<br />
of Portland in Portland, Oregon.<br />
First, Wendy’s investigated the franchise that dished out the<br />
chili. <strong>The</strong>n it investigated the surrounding franchises. <strong>The</strong>n<br />
it inspected the data logs and time sheets of all the Wendy’s in<br />
America. “<strong>The</strong>n they spent countless, precious, agonizing<br />
days trying to figure out if the finger had been cooked (for<br />
some reason). All the while, Wendy’s was virtually silent.” 23<br />
Legal<br />
When asked, “What will you do about the woman in<br />
question?” Wendy’s CEO Jack Schuessler explains, “It’s not<br />
we who are going to prosecute; it’s going to be San Jose<br />
(Calif.). So we’ll let the courts take over and let American<br />
justice take place.” 25<br />
Marketing<br />
<strong>The</strong> marketing committee has not been reviewed by external<br />
publics or media.
Consequence of the Conflict<br />
Media coverage of the publics’ opinion of the incident was<br />
not favorable. Clever headlines, such as “Woman Bites Off<br />
More Than She Can Chew” 26 and “Wendy’s ’Finger’ Has Chili<br />
Effect On Sales” 27 hit newspaper stands the morning after,<br />
and bloggers took their frustrations online. <strong>The</strong> majority did<br />
not seem to be hankered with Wendy’s – but rather, annoyed<br />
with Ayala.<br />
<strong>The</strong> online population seemed to agree that there should be<br />
consequences for Ayala and Placencia. “<strong>Society</strong> will punish<br />
her, but they need some idea of the magnitude of the<br />
crime,” 28 read one blog. Another posted “I have heard of<br />
giving the finger! But this is ridiculous... This brings on an<br />
entirely different connotation!” 29 Such blithe comments<br />
suggest the public came to realize that it was not the fault of<br />
the franchise.<br />
On the other hand, and even with such knowledge, some<br />
consumers were not entirely convinced to eat out – or eat<br />
chili at all. “Well, no more Wendy’s for me anymore... you’ve<br />
successfully killed my desire ever to go there again...whoever<br />
said ignorance is bliss was really on to something.” 30<br />
<strong>The</strong> media jumped over the story of a human finger in a<br />
consumer’s food, which led consumers to balk at the idea of a<br />
foreign object in food they trusted to be safe to eat.<br />
As early as the day after the chili crisis, many loyal patrons<br />
continued to support the Wendy’s where Ayala made her<br />
claim. Tom McCready, a regular Wendy’s customer,<br />
continued to order chili (and a baked potato with chili on it)<br />
from the San Jose chain where the incident occurred. He<br />
figured, “If they’ve got 10 fingers, it’s OK with me.” 31 He<br />
always thought that Ayala’s claim was “a crock” and made<br />
sure he and his wife frequented Wendy’s more often to order<br />
chili and show their support. 32 Others weren’t so sure. “I love<br />
Wendy’s chili,” posted Danielle on a blog TalkLeft: the politics<br />
of crime, “But I haven’t [eaten any] since the story ran.<br />
Weak me.” 33<br />
Implications<br />
After the crisis has been dealt with and consumers appeased,<br />
Wendy’s management has the opportunity to review the crisis<br />
handling so as to gain more experience in crisis and conflict<br />
management.<br />
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This case highlights that both internal and external factors<br />
interact with each other in a public crisis such as the chili<br />
finger case. Another look at the challenges in corporate<br />
crisis can assist other corporations in the handling of a<br />
company crisis.<br />
Companies should learn from this case that, if innocent, they<br />
should take a firm stand in defending themselves and have<br />
unbiased, unrelated third parties take a stand in defending<br />
them and speaking to the public on the company’s behalf.<br />
Solid defense covers all bases – including background of the<br />
company and its goodwill with its publics and addresses how<br />
these publics may be left feeling after a crisis of any sort occurs.<br />
It is important to have someone skilled in crisis management<br />
on board any Public Relations or Human Resources Team.<br />
Outlines and plans for how to handle a crisis that can occur<br />
should be drawn up, reviewed often, and discussed in depth<br />
in advance, so a company is not left floundering if such a<br />
crisis were to occur.<br />
Honesty and straightforwardness are always the only best<br />
policies. <strong>The</strong> public isn’t stupid: they know when a company<br />
is trying to ’dupe’ them. <strong>The</strong>y will also be able to tell if a<br />
company is dancing around the issue. If a company is<br />
innocent, say so and have professionals back up the claim of<br />
innocence. Declare that the company has been wronged, and<br />
prove it. Recognize that the crisis itself has passed, a there is a<br />
new crisis of image control and recovery that needs to be<br />
addressed.<br />
It is never good policy to underestimate the public and the<br />
power that it holds. Companies are only around because the<br />
public patrons them; and it will do any manager or director<br />
well to realize it.<br />
If a company has done wrong, they need to admit it, rectify it,<br />
and move on. Although some mistakes are more serious and<br />
hold greater ramifications, the public will know if a scandal is<br />
being covered up. Often a company can bounce back and<br />
redeem itself (sometimes even with greater profits) by<br />
admitting its mistake, taking steps to fix it, then moving on.<br />
With technology and accessibility of publics rapidly<br />
advancing, companies in today’s day and age face unique<br />
challenges as they never have before. Companies must plan,<br />
research, and be aware of what is happening in the world.<br />
Only then will they be able to handle crisis with grace and<br />
recover in a timely and effective manner.<br />
57
58<br />
Appendix I: Key Players<br />
Source: case writer<br />
derived from news stories<br />
Appendix II: Key Players<br />
Source: case writer<br />
derived from news stories<br />
arthur w. page society
Appendix III: Timeline<br />
*Note: All dates correspond to the source provided. Sources were selected on a basis of variety, accuracy, and objectivity.<br />
2005 Media Reaction Wendy’s Reaction Legal Issues<br />
December 20, 2004: Placencia obtains Rossiter’s finger to clear a $50 gambling debt – San Francisco Chronicle<br />
22-March Anna Ayala claims she bit<br />
into finger – NNDP<br />
23-March Human Finger Found in Fast<br />
Food Chili – CBS News<br />
25-March Sales drop at Wendy’s –<br />
USA Today<br />
28-March Woman Files Lawsuit Over<br />
Finger in Chili – CBS News<br />
7-April Finger Could Belong to Dead<br />
Aunt – San Francisco Chronicle<br />
14-April Police Visit Home of Woman In<br />
Finger <strong>Case</strong> – San Jose,<br />
California Timeline<br />
21-April Woman Who Found Finger<br />
Arrested / Wendy’s Tries to Win<br />
Back Customers – CBS News<br />
22-April Police Say Report is <strong>Case</strong> of<br />
Hoax and Fraud – San Jose<br />
24-April Witnesses Say Woman Planned<br />
Incident – ABC News<br />
28-April Cops deny raid tied to finger<br />
case – Sfgate.com<br />
arthur w. page society<br />
“We haven’t found anything<br />
to support allegations<br />
Wendy’s or our supply chain<br />
were the source of the<br />
object in question” –<br />
Bob Bertin – USA Today<br />
25-March “Wendy’s is confident the finger<br />
did not come from one of its<br />
suppliers because of product<br />
coding that allows the company<br />
to trace where a product comes<br />
from, the day it was produced,<br />
when it was shipped and when<br />
it arrived at the restaurant” –<br />
Denny Lynch – USA Today<br />
13-April “Chili Finger” Woman Drops<br />
<strong>Case</strong> – “...this has caused her<br />
great emotional distress.”<br />
– Rich Ehler<br />
– KVOA Tucson News<br />
US arrest over chili finger case<br />
(suspicion of attempted grand<br />
theft / grand larceny) – BBC News<br />
Ayala’s in-laws home raided –<br />
Sfgate.com<br />
4-May Police get tip about man losing<br />
finger in accident – USA Today<br />
4-May Placencia arrested at Lamb<br />
Asphalt – Central Valley Online<br />
continued next page<br />
59
60<br />
Appendix III: Timeline (continued)<br />
*Note: All dates correspond to the source provided. Sources were selected on a basis of variety, accuracy, and objectivity.<br />
2005 Media Reaction Wendy’s Reaction Legal Issues<br />
9-May Ayala’s First Appearance in<br />
Court – San Jose Timeline<br />
10-May Free Frosty Giveaway Friday<br />
through Sunday “Our customers<br />
stood by us and now we are<br />
showing our appreciation.” –<br />
Tom Mueller<br />
10-May CNN Money predicts that<br />
approximately 14 million free<br />
frosty’s would be given away.<br />
14-May Police Solve <strong>Case</strong> of Missing<br />
Finger – ABC News<br />
14-May Wendy’s Off Hook in Finger<br />
<strong>Case</strong> – CBS News<br />
18-May Ayala – New Charges Added<br />
Conspiracy to <strong>The</strong>ft<br />
– Central Valley Online<br />
19-May Husband of Finger Suspect<br />
Extradited– MSNBC<br />
20-May Placencia – First Court<br />
Appearance<br />
– San Jose Timeline<br />
arthur w. page society<br />
Police confirm finger was<br />
Rossiter’s – San Francisco<br />
Chronicle<br />
25-May Conspiracy charges filed<br />
– Science Daily<br />
3-June Finger <strong>Case</strong> Back to Court –<br />
Mayor Gonzales to Have Lunch<br />
With Owner of Wendy’s<br />
Restaurant – San Jose Timeline<br />
29-June Couple Delays Plea – Defense<br />
Wants More Time to Examine<br />
Evidence – Associated Press<br />
28-July Defense Gets More Time To<br />
Prepare – San Jose Timeline<br />
18-August Chili Finger Couple Expected To<br />
Enter Plea – CBS News<br />
25-August Possible Plea Agreement in<br />
Finger <strong>Case</strong><br />
– San Jose Timeline<br />
Ayala and Placencia in Santa<br />
Clara County jail. Ayala has a<br />
$500,000 bail and Placencia a<br />
$450,000 bail.<br />
– DefenseSupplier.com<br />
9:30a.m. Ehler tells Nadler that<br />
it’s a not guilty plea – spoke to<br />
lawyers – done by 11a.m.<br />
– Mercury News
2005 Media Reaction Wendy’s Reaction Legal Issues<br />
25-August Judge Jerome Nadler (who<br />
oversaw early legal motions)<br />
assigned case to Davila to see if<br />
it could be resolved before trial.<br />
– Mercury News<br />
25-August “Prosecutors and defense met<br />
privately with a judge Thursday<br />
morning in an apparent effort to<br />
reach a plea arrangement. But<br />
none was produced.” <strong>The</strong> talks<br />
stopped because they had<br />
other obligations, DA considers<br />
next move. – Mercury News<br />
26-August “Prosecutors and defense meet<br />
with Davila at 10 a.m.<br />
– Mercury News<br />
9-September Couple Pleads Guilty to All<br />
Charges in Finger Chili Scam<br />
– CBS News<br />
21-September <strong>Case</strong>y complains Wendy’s is too<br />
slow with reward money –<br />
United Press International<br />
27-September Wendy’s – Two To Share Chili<br />
Finger Reward – CBS News<br />
arthur w. page society<br />
Lynch says Wendy’s is sorting<br />
through the tip line to make<br />
sure the right person gets<br />
the reward money<br />
– United Press International<br />
Wendy’s awarded Mike <strong>Case</strong>y<br />
and anonymous person<br />
$100,000 for the tip leading to<br />
the owner of the finger<br />
– CBS News<br />
Both Plead Guilty to conspiring<br />
to plant finger – Wikinews<br />
2-November Sentencing – Ayala up<br />
to 10 years in prison,<br />
Placencia up to 13 (he had<br />
other deadbeat dad charges) –<br />
United Press International<br />
61
62<br />
WORKS CITED<br />
Albertson, Doug. Goodwill Hunting: Financial Value of Marketing & PR. 15 August 2005.<br />
.<br />
Associated Press. Police Call Wendy’s Chili Finger <strong>Case</strong> A Hoax. 24 April 2005.<br />
.<br />
Bernstein, Jonathan. Bernstein Crisis Management LLC. 15 June 2005.<br />
.<br />
Emery, David. Top 10 Actual Headlines in Wendy’s Finger-In–Chili Coverage. 16 April<br />
2005. < http://urbanlegends.about.com/b/a/162772.htm>.<br />
Face. Wendy’s Diner Finds Human Finger In Her Chili. 25 March 2005. <<br />
http://forum.gorillamask.net/archive/index.php/t-868.html>.<br />
Factory. Wendy’s Finger, Planter’s Penalty. 14 May 2005.<br />
.<br />
Fink, Steven. Changing Management Culture: Models and Strategies to Make It Happen.<br />
.<br />
Gaura, Alicia and Murphy, Dave. Wendy’s diner finds human finger in her chili. 24 March<br />
2005. .<br />
Haynes, Brian. LV Woman Arrested In Finger <strong>Case</strong>. 22 April 2005.<br />
.<br />
LaPrete, Jay. Wendy’s knew from start story was a hoax. 6 June 2005.<br />
.<br />
Museum of Hoaxes. 6 November 2005.<br />
.<br />
Parsons, Bob. Hot Points With Bob Parsons. 24 April 2005. .<br />
Steiner, Ina. Dave Thomas, Wendy’s Founder and American Folk Here, Dies from Cancer.<br />
.<br />
TalkLeft: <strong>The</strong> Politics of Crime. 22 April 2005.<br />
.<br />
Wendy’s. 21 December 2005. http://www.wendys.com/dave/flash.html<br />
Wendy’s Founder Dead at 69. 8 January 2002.<br />
s.<br />
arthur w. page society<br />
ENDNOTES<br />
1. Gaura<br />
2. Gaura<br />
3. Gaura<br />
4. Gaura<br />
5. Gaura<br />
6. Emery<br />
7. Museum of Hoaxes<br />
8. Museum of Hoaxes<br />
9. Museum of Hoaxes<br />
10. Fink<br />
11. Fink<br />
12. http://www.wendys.com/dave/flash.html<br />
13. http://www.wendys.com/dave/flash.html<br />
14. Steiner<br />
15. Steiner<br />
16. http://money.cnn.com/2002/01/08/companies/wendys_obit/<br />
17. http://money.cnn.com/2002/01/08/companies/wendys_obit/<br />
18. Haynes<br />
19. Fink<br />
20. Bernstein<br />
21. Parsons<br />
22. Albertson<br />
23. Albertson<br />
24. LaPrete<br />
25. LaPrete<br />
26. Montreal Gazette<br />
27.ProFind<strong>Page</strong>s.com<br />
28. Factory<br />
29. Zsa Zsa<br />
30. Face<br />
31. http://www.ktvu.com/news/4404295/detail.html<br />
32. http://www.ktvu.com/news/4404295/detail.html<br />
33. http://talkleft.com/new_archives/010450.html
the arthur w. page society officers and trustees<br />
OFFICERS<br />
President<br />
J. Roger Bolton<br />
Aetna Inc.<br />
Vice Presidents<br />
Angela A. Buonocore<br />
<strong>The</strong> Pepsi Bottling Group<br />
Peter D. Debreceny<br />
Allstate Insurance Company<br />
Maril Gagen MacDonald<br />
Gagen MacDonald, LLC<br />
William G. Margaritis<br />
FedEx Corporation<br />
Thomas R. Martin<br />
ITT Industries<br />
Anne M. McCarthy<br />
SAP AG<br />
Secretary<br />
Richard D. Jernstedt<br />
Fleishman-Hillard, Inc.<br />
Treasurer<br />
Nancy A. Hobor<br />
Grainger<br />
TRUSTEES<br />
Paul A. Argenti<br />
Tuck School of Business at Dartmouth<br />
Catherine V. Babington<br />
Abbott Laboratories<br />
Ann H. Barkelew<br />
Fleishman-Hillard, Inc. (Retired)<br />
Paul Capelli<br />
Staples<br />
Valerie Di Maria<br />
Motorola<br />
Harris Diamond<br />
Weber Shandwick<br />
David R. Drobis<br />
Ketchum (Retired)<br />
Gregory Elliott<br />
International Truck and Engine Corporation<br />
Matthew P. Gonring<br />
Rockwell Automation<br />
Kimberley Crews Goode<br />
Visteon Corporation<br />
Harvey W. Greisman<br />
MasterCard International<br />
Thomas J. Kowaleski<br />
General Motors Corporation<br />
arthur w. page society<br />
John F. Manfredi<br />
Gillette Company<br />
Judith A. Mühlberg<br />
Sprint Nextel<br />
James E. Murphy<br />
Accenture<br />
W. D. (Bill) Nielsen<br />
Johnson & Johnson<br />
James Scofield O'Rourke, IV, Ph.D.<br />
University of Notre Dame<br />
Helen Ostrowski<br />
Porter Novelli<br />
Ellen Robinson<br />
Tennessee Valley Authority<br />
Kenneth B. Sternad<br />
UPS<br />
Joan H. Walker<br />
Allstate Insurance Company<br />
Donald K. Wright, Ph.D.<br />
University of South Alabama<br />
Executive Director<br />
Paul Basista, CAE<br />
63
64<br />
contributors to the 2006 development fund<br />
We are grateful to the following companies and individuals for their generous support:<br />
Diamond ($10,000 +)<br />
Abbott Laboratories<br />
Allstate Insurance<br />
AT&T<br />
Nationwide Insurance Companies<br />
Wal-Mart Stores, Inc.<br />
Platinum ($7,500 +)<br />
FedEx Corporation<br />
Gold ($5,000 +)<br />
Gillette Company<br />
John F. Manfredi<br />
Prudential Financial, Inc.<br />
Silver ($3,000 +)<br />
Accenture<br />
Korn Ferry International<br />
Qwest Communications<br />
Bronze ($2,500 +)<br />
Lawrence G. Foster<br />
General Motors Corporation<br />
International Truck and<br />
Engine Corporation<br />
TIAA-CREF<br />
Individual ($500 +)<br />
Best Buy Company<br />
Harold Burson<br />
Eastman Chemical Company<br />
Harvey W. Greisman<br />
Donald P. Kirchoffner<br />
Makovsky & Company, Inc.<br />
Thomas and Wanda Martin<br />
Anne M. McCarthy<br />
Ellen Robinson<br />
Tennessee Valley Authority<br />
Tyco<br />
Donald K. Wright<br />
arthur w. page society<br />
Gala Table Sponsors ($3,500)<br />
Accenture<br />
AT&T<br />
Edelman<br />
GCI Group<br />
Ketchum<br />
Manning, Selvage & Lee<br />
Porter Novelli (Two Tables)<br />
Prudential Financial, Inc.<br />
Rockwell Automation
the page philosophy<br />
<strong>Arthur</strong> W. <strong>Page</strong> viewed public relations as the art of<br />
developing, understanding and communicating character –<br />
both corporate and individual.<br />
This vision was a natural outgrowth of his belief in<br />
humanism and freedom as America’s guiding characteristics<br />
and as preconditions for capitalism.<br />
the page principles<br />
<strong>Page</strong> practiced seven principles of public relations<br />
management as a means of implementing his philosophy.<br />
• Tell the truth. Let the public know what's happening and<br />
provide an accurate picture of the company's character,<br />
ideals and practices.<br />
• Prove it with action. Public perception of an organization<br />
is determined 90 percent by what it does and ten percent<br />
by talking.<br />
• Listen to the customer. To serve the company well,<br />
understand what the public wants and needs. Keep top<br />
decision makers and other employees informed about<br />
public reaction to company products, policies and<br />
practices.<br />
• Manage for tomorrow. Anticipate public reaction and<br />
eliminate practices that create difficulties. Generate<br />
goodwill.<br />
<strong>The</strong> successful corporation, <strong>Page</strong> believed, must shape its<br />
character in concert with the nations. It must operate in the<br />
public interest, manage for the long run and make customer<br />
satisfaction its primary goal. He described the dynamic<br />
this way:<br />
“Real success, both for big business and the public, lies in<br />
large enterprise conducting itself in the public interest and in<br />
such a way that the public will give it sufficient freedom to<br />
serve effectively.”<br />
• Conduct public relations as if the whole company depends<br />
on it. Corporate relations is a management function.<br />
No corporate strategy should be implemented without<br />
considering its impact on the public. <strong>The</strong> public relations<br />
professional is a policy maker capable of handling a wide<br />
range of corporate communications activities.<br />
• Realize a company’s true character is expressed by its<br />
people. <strong>The</strong> strongest opinions – good or bad – about a<br />
company are shaped by the words and deeds of its<br />
employees. As a result, every employee – active or retired –<br />
is involved with public relations. It is the responsibility of<br />
corporate communications to support each employee’s<br />
capability and desire to be an honest, knowledgeable<br />
ambassador to customers, friends, shareowners and<br />
public officials.<br />
• Remain calm, patient and good-humored. Lay the<br />
groundwork for public relations miracles with consistent,<br />
calm and reasoned attention to information and contacts.<br />
When a crisis arises, remember that cool heads<br />
communicate best.
<strong>Arthur</strong> W. <strong>Page</strong> <strong>Society</strong><br />
317 Madison Avenue – Suite 2320<br />
New York NY 10017–5205<br />
Phone 212/400-7959<br />
Fax 212/922-9198<br />
www.awpagesociety.com<br />
Paul Basista, CAE<br />
Executive Director<br />
Karen Arnold<br />
Communications Director<br />
Susan S. Chin<br />
Executive Assistant<br />
<strong>Arthur</strong> W. <strong>Page</strong> <strong>Society</strong> Journal<br />
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