Special Situations

High-stakes, high-pressure situations require judgement, discretion and decisiveness to provide actionable advice to business executives, while executing precise, credible, persuasive communications.  

If you’re managing bet-the-company opportunities or challenges, Casteel Schoenborn will put its experience to work to protect your corporate reputation and distill highly complex issues into compelling and credible communications.

  • Mergers, acquisitions, divestitures and spin offs
  • Initial public offerings, secondary offerings, private placements,
    and other capital raises
  • Mutual to stockholder-owned conversions
  • Proxy contests
  • Shareholder activism
  • Shareholder litigation
  • Restatements and other accounting issues
  • Regulatory enforcement actions, government investigations,
    and law enforcement matters
  • Removal or departure of top executives
  • Commercial litigation and business disputes
  • Class action litigation
  • Qui tam whistleblower litigation
  • Facility consolidations, reductions in force, and labor conflict
  • Cyberattacks and other data security breaches
  • Employee malfeasance
  • Criminal activity on company property
  • Restructuring and bankruptcy

Our Experience

FINANCIAL INSTITUTION ENFORCEMENT ACTIONS – Advised a variety of publicly traded financial institutions subject to formal enforcement actions by regulators such as the Office of the Comptroller of the Currency, the Office of Thrift Supervision (prior to its merger with the OCC), the Federal Reserve, the Federal Deposit Insurance Corporation and state banking departments.

LAW ENFORCEMENT INVESTIGATIONS – Advised a variety of financial institutions and other corporate clients subject to civil and criminal investigations by state attorneys general and offices of United States Attorneys.

CONGRESSIONAL INVESTIGATIONS – Advised corporate and non-profit clients subpoenaed to provide evidence and testimony to Congressional committees as part of investigations into alleged misconduct by officers and directors.

QUI TAM WHISTLEBLOWER LITIGATION – Advised clients engaged in federal and state “qui tam” whistleblower litigation filed in various jurisdictions, including corporate clients in pharmaceuticals, healthcare and technology.

PHARMACEUTICAL INVESTIGATION – Developed and executed crisis management plans in response to a variety of legal, regulatory and accounting issues at a NYSE-listed pharmaceutical company facing investigations by the Department of Justice and the Office of the Inspector General (OIG) of the Food and Drug Administration.

RETAIL – Provided crisis communication and investor relations counsel to a retailer during a lengthy Investigation and settlement with the Securities and Exchange Commission, as well as a non-prosecution agreement with a U.S. Attorney’s Office and the Department of Justice.

DATA SECURITY –Developed and executed data breach and cybersecurity crisis management plans for companies in a variety of industries, including those with national and global workforces and customer bases. Collaborated with companies’ legal, corporate security and IT professionals to prepare and respond to breaches subject to widely varying privacy laws and regulations in dozens of U.S. states and a number of international jurisdictions.

CONSUMER CLASS ACTION – Provided communications and media relations advice to legal counsel and corporate defendant in customer class action brought under a state consumer protection law that is widely considered one of the most broad-reaching statutes of its kind in the nation.

BUSINESS LITIGATION – Advised a range of publicly traded and privately held companies and their executives on communications to support civil litigation strategies set forth by legal counsel in disputes with business partners, transaction counterparties, former employees and other adversaries.

SHAREHOLDER LITIGATION – Advised publicly traded clients facing shareholder derivative litigation and litigation challenging the terms of mergers and acquisitions.

EXTORTION ATTEMPT– Provided crisis communications counsel and planning for a publicly traded company that was the target of an extortion attempt, including threats of violence against employees, which resulted in a federal law enforcement Investigation. Our professionals were engaged as part of the working group that included management, security and legal teams at the company, which employs thousands of people at locations around the United States that are readily accessible to customers and the public.

WHOLESALE ENERGY TRADING – Provided crisis management and planning services to a publicly traded firm facing Congressional, Justice Department, Securities and Exchange Commission, Commodities Futures Trading Commission, Federal Energy Regulatory Commission, state attorney general and state regulatory investigations into its accounting and energy trading practices.

PROXY CONTESTS –Developed plans and provided crisis communications and investor relations counsel for companies engaged in a proxy contest with activist hedge funds.

EXECUTIVE REMOVAL– Provided multiple public companies and boards, as well as private corporations, with crisis management planning and counsel associated with executive changes, including removal or resignation of chairmen, CEOs and CFOs under a variety circumstances ranging from straightforward performance issues,to financial impropriety, substance abuse and sexual harassment.

CEO FATALITIES–Provided crisis communication counsel companies upon the unexpected deaths of chief executive officers.

FACE OF A BRAND –Provided crisis communication counsel when new owners of a fashion and retail company phased out the founding family members’ roles in the business, including one who was replaced as the face of the brand by an “A-list” Hollywood actress.

UNION NEGOTIATIONS AND STRIKES – Provided crisis management counsel for a Nasdaq-listed company with manufacturing locations in multiple states when negotiations with the United Steelworkers broke down and an extended strike required salaried employees to operate the firm’s largest manufacturing facility.

DOWNSIZINGS, RESTRUCTURINGS AND REORGANIZATIONS – Provided a variety of public companies, private corporations and nonprofits with crisis communication counsel on a range of downsizings, restructurings and reorganizations involving facilities closures, relocations and layoffs of both union and non-union employees.

METALS MANUFACTURER – Developed crisis communications plans, media trained executives and provided counsel and services during actual crises for the North American headquarters and a U.S. manufacturing facility of a global metal manufacturer.

COUNTERFEIT-PHARMACEUTICAL FATALITIES – Represented the U.S. communications interests of a pharmaceutical manufacturer after its Mexican business unit determined that counterfeits of one of the company’s products may have contributed to patient fatalities in that country. Counseled and collaborated with Latin American PR, legal, technical operations.