12.11.2012 Views

The Barbie Case - The Arthur Page Society

The Barbie Case - The Arthur Page Society

The Barbie Case - The Arthur Page Society

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

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 />

arthur w. page society<br />

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 />

arthur w. page society<br />

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 />

arthur w. page society<br />

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 />

arthur w. page society<br />

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 />

arthur w. page society<br />

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 />

<strong>The</strong> 2005 Fortune 500 http://www.fortune.com/fortune/fortune500<br />

<strong>The</strong> 2005 Forbes Global 2000 http://www.forbes.com/2005/03/30/05f2000land.html<br />

Adage.com (August 15, 2005) “Nike Steers Advertising Toward Reality Anatomy”<br />

adage.com/news.cms?newsId=45798<br />

Adios<strong>Barbie</strong>.com A Body Image Site for Every Body<br />

http://www.adiosbarbie.com/journal/index.html<br />

BBC News (November 18, 1997) http://news.bbc.co.uk/1/hi/business/32312.stm<br />

Bell, Mebbie (2004) “<strong>The</strong>re’s Something about <strong>Barbie</strong>.” In JCT, v. 20 no2 (Summer 2004)<br />

p.53–64<br />

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 />

Campaign for Real Beauty: Forums USA<br />

http://boards.campaignforrealbeauty.com/thread.jspa?forumID=1001&threadID=1000<br />

00071&messageID=500002329&start=-1#500002329<br />

Daniel, Diann (2005) “Real Beauty = Real Sales?”<br />

http://www.cmomagazine.com/read/current/real_beauty.html<br />

<strong>The</strong> Dove Report: Challenging Beauty<br />

http://www.campaignforrealbeauty.com/uploadedFiles/challenging_beauty.pdf<br />

Dugan, Kevin (2004) “Math is hard”<br />

http://prblog.typepad.com/strategic_public_relation/2004/06<br />

Duvall, Mel and Kim S. Nash (2005) “Mattel: How <strong>Barbie</strong> Lost Her Groove” In Baseline,<br />

August 4, 2005.<br />

http://www.baselinemag.com/print_article2/0,1217,a=157196,00.asp<br />

Edut, Ophira (1999) “<strong>Barbie</strong> Girls Rule?”<br />

http://www.adiosbarbie.com/bology/bology_barbiead.html<br />

13


14<br />

Gogoi, Pallavi (2005) “From Reality TV to Reality Ads.”<br />

http://www.businessweek.com/bwdaily/dnflash/aug2005/nf20050817_5273_db035.htm<br />

Jervis, Lisa (1997) “<strong>Barbie</strong>’s New Bod, BFD”<br />

http://www.motherjones.com/commentary/columns/1997/12/jervis.html<br />

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 />

Johnson, M. Eric and Tom Clock. “Mattel, Inc: Vendor Operations in Asia”<br />

http://mba.tuck.dartmouth.edu/pdf/2002-1-0013.pdf<br />

Kuther, Tara L. (2004) “Early Adolescents’ Experiences with, and Views of, <strong>Barbie</strong>.” In<br />

Adolescence, v. 39 (Spring 2004) p. 39-51.<br />

Lord, M.G. (1994) Forever <strong>Barbie</strong>. William Morrow: New York<br />

Lukas, Paul () Fortune Magazine. “Mattel: Toy Story”<br />

http://www.fortune.com/fortune/smallbusiness/articles/0,15114,433766-1,00.html<br />

Mattel Consumer Relations Answer Center – FAQ<br />

http://service.mattel.com/us/faq_results.asp?SearchString=&category=7&product_num<br />

ber=H0998&faq<strong>Page</strong>=1&faq_id=52093<br />

Mattel, Inc. “Mattel History”<br />

http://www.mattel.com/About_Us/History/mattel_history.pdf<br />

Mattel, Inc. Press Release “<strong>The</strong> <strong>Barbie</strong>® Doll Story”<br />

http://www.shareholder.com/mattel/news/20020428-79139.cfm<br />

Mattel Inc. Press Release “<strong>Barbie</strong> Doll Gala Kicks off Year-Long Celebration; An All-Star<br />

Salute to the <strong>Barbie</strong> Doll’s 40th Anniversary”<br />

http://www.shareholder.com/mattel/news/19990207-54237.cfm<br />

Mattel Inc. Press Release “Swimming Champion® <strong>Barbie</strong>® Makes An Olympic Splash”<br />

http://www.shareholder.com/mattel/news/20000418-43136.cfm<br />

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 />

Mattel Inc. Press Release “Bienvenida, <strong>Barbie</strong>Latina.com!"<br />

http://www.shareholder.com/mattel/news/20011002-60543.cfm<br />

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 />

Mattel Inc. Press Release “<strong>The</strong> Storybook Romance Comes To An End For <strong>Barbie</strong> And<br />

Ken” http://www.shareholder.com/mattel/news/20040212-128705.cfm<br />

Mattel Inc. Press Release “<strong>The</strong> Original Cali Girl Finds A New Man From Land Down<br />

Under” http://www.shareholder.com/mattel/news/20040629-137999.cfm<br />

Mattel Inc. Press Release “<strong>Barbie</strong>® Announces A Surprise Bid For <strong>The</strong> 2004 Presidency”<br />

http://www.shareholder.com/mattel/news/20040812-141478.cfm<br />

Mattel Inc. Press Release “AHHHH! THE SWEET SMELL OF BARBIE® SUCCESS!”<br />

http://www.shareholder.com/mattel/news/20050506-162801.cfm<br />

Mattel Inc. Press Release “<strong>Barbie</strong>® Doll’s Toe-Tal Makeovera [sic]”<br />

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 />

Mattel Inc. Press Release “<strong>Barbie</strong>® Takes the Stage for the First Time in “<strong>Barbie</strong> Live in<br />

Fairytopia!” http://www.shareholder.com/mattel/news/20050622-166745.cfm<br />

Mattel Inc. Press Release “My Scene Goes Hollywood “<br />

http://www.shareholder.com/mattel/news/20050830-171679.cfm<br />

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 />

Mattel Inc. Press Release “Ken® Wants <strong>Barbie</strong>® Back”<br />

http://www.shareholder.com/mattel/news/20051021-177013.cfm<br />

Mattel, Inc. “Mattel History”<br />

http://www.mattel.com/About_Us/History/mattel_history.pdf<br />

Mattel, Inc. Fact Sheet – Hoover’s http://www.hoovers.com/mattel/ -- ID__10966--<br />

/free-co-factsheet.xhtml<br />

Mattel, Inc. SEC Form 10-K – Annual report –<br />

http://www.shareholder.com/mattel/EdgarDetail.cfm?CIK=63276&FID=1193125-05-<br />

44603&SID=05-00<br />

Mattel Consumer Relations Answer Center – FAQ<br />

http://service.mattel.com/us/faq_results.asp?SearchString=&category=7&product_num<br />

ber=H0998&faq<strong>Page</strong>=1&faq_id=52093<br />

Mattel, Inc. Press Release “<strong>The</strong> <strong>Barbie</strong>® Doll Story”<br />

http://www.shareholder.com/mattel/news/20020428-79139.cfm<br />

Montgomery, Bruce P. (1993) “Mattel, Inc.” International Directory of Company<br />

Histories (Volume 7, 1993): 304<br />

Nairn, Agnes (2005) “’Babyish’ <strong>Barbie</strong> under attack from little girls, study shows” Press<br />

Release University of Bath (19 December 2005)<br />

“New Dolls Appeal to Irresponsible Parents”<br />

http://www.slyskunk.com/Bratz,%20Flavas,%20MyScene%20Dolls.htm<br />

arthur w. page society<br />

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 Brunswick,<br />

NJ: Rutgers University Press, 1994. 21-40<br />

Palmeri, Christopher (2005) “Hair-Pulling In <strong>The</strong> Dollhouse” In BusinessWeek Online,<br />

May 2, 2005. http://www.businessweek.com/magazine/content/05_18/b3931096.htm<br />

Pendergast, Sara (1996) “Fisher Price, Inc.” International Directory of Company<br />

Histories (Volume 12, 1996): 167.<br />

Roddick, Anita (2001) “Dispatch: Ruby, the Anti-<strong>Barbie</strong>”<br />

http://www.anitaroddick.com/readmore.php?sid=13<br />

Stanley, T.L. (2005) “<strong>Barbie</strong> hits the skids.” In Advertising Age 76 no 44 Front Cover, 33 O<br />

31 2005<br />

STATS <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 />

Torget, John W. “Learning from Mattel” http://mba.tuck.dartmouth.edu/pdf/2002-1-<br />

0072.pdf<br />

Traister, Rebecca (2005) “Thigh the Beloved Country”<br />

http://www.salon.com/mwt/feature/2005/08/18/nike_ads<br />

Vincent, Roger (2005) “<strong>Barbie</strong> Chief Leaves Mattel in Shake-Up” In Los Angeles Times<br />

(October 11, 2005)<br />

Warner, Fara (2005) “Toppling <strong>Barbie</strong>: Bratz Predict the Future.” In <strong>The</strong> Power of the<br />

Purse: How Smart Companies are Adapting to the World’s Most Important Consumers<br />

– Women, Chapter Eight. http://www.thepowerofthepurse.com/Warner_CH08.pdf<br />

Warner, Fara (2005) “Tickle Me <strong>Barbie</strong>: Remaking An Icon” In Brandweek November<br />

14, 2005.<br />

http://www.brandweek.com/bw/magazine/features/article_display.jsp?vnu_content_id=<br />

1001478674<br />

Wikipedia: <strong>Barbie</strong> – Parodies and Lawsuits<br />

http://en.wikipedia.org/wiki/<strong>Barbie</strong>#Parodies_and_lawsuits<br />

http://www.ncac.org/store/forsythephotos.htm<br />

http://www.world-of-barbie.de/presse.htm<br />

http://www.thebodyshop.com.au/ourValues.cfm?pageID=29<br />

http://campaignforrealbeauty.com<br />

http://www.campaignforrealbeauty.com/dsef/pdfs/BodyTalk_Excerpt.pdf<br />

http://www2.oprah.com/tows/slide/200509/20050922/slide_20050922_284_105.jhtml<br />

http://nikewomen.nike.com/nikewomen/us/index.jhtml?ref=global_home#body<br />

http://boards.campaignforrealbeauty.com/search!execute.jspa?q=barbie&objID=c1&dat<br />

eRange=all&userID=&numResults=15<br />

http://www2.oprah.com/tows/slide/200509/20050922/slide_20050922_284_105.jhtml<br />

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 />

arthur w. page society<br />

25


26<br />

Exhibit 4: Putnam Advertisements<br />

arthur w. page society


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 />

arthur w. page society<br />

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 />

arthur w. page society<br />

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 />

41


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 />

43


44<br />

<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 />

45


46<br />

<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 />

arthur w. page society<br />

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 />

arthur w. page society<br />

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 />

47


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 />

arthur w. page society<br />

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 />

arthur w. page society<br />

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 />

49


50<br />

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 />

arthur w. page society<br />

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 />

arthur w. page society<br />

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 />

arthur w. page society<br />

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 />

arthur w. page society<br />

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 />

arthur w. page society<br />

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 />

arthur w. page society<br />

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 />

arthur w. page society<br />

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 />

Design by Apicella Design

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!