Lessons from Disney Dropping Forced Arbitration Clause After Media Scrutiny

Disney recently made headlines when it tried to shield its liability in a wrongful death lawsuit brought by Jeffrey Piccolo, whose wife died after eating at a Disney World restaurant. After significant public scrutiny, Disney backtracked on its legal strategy.

The original complaint was filed in late February, but coverage of the case ramped up after Disney filed to have the case removed and compelled arbitration. The entertainment company tried to argue that Piccolo had waived his right to sue by agreeing to forced arbitration clauses when he signed up for Disney+ in 2019 and used the Disney World website in 2023. But before any ruling in court, public sentiment quickly turned against Disney in favor of the plaintiff.

The Power of Public Opinion

Disney's decision to drop its forced arbitration clause, allowing this case to move forward, is a testament to the growing influence of public opinion on legal strategy and corporate accountability. Forced arbitration clauses are common in many contracts; an estimate from 2018 found more than 826 million forced arbitration clauses affecting consumers, and they are often buried in the fine print. With growing anti-corporate views, it’s no surprise that when consumers find out about these clauses, the sentiment is overwhelmingly negative. As the case gained traction in the press, it became clear that Disney's stance was increasingly seen as unfair and out of touch with public expectations for corporate accountability.

The Implications of Disney's Decision

The Disney case demonstrates the importance public relations (PR) plays in all stages of litigation, providing strategic communication that influences public perception, supports legal strategies, and helps manage the law firm’s reputation. From the initial filing of a complaint to the final verdict or settlement, PR ensures that the narrative around a case is shaped effectively, reaching key audiences like the media, potential class members, and the broader public.

During the early stages, PR helps to frame the case, often drawing attention to injustices and rallying public support. As the litigation progresses, it aids in managing any crisis that may arise, countering negative publicity, and maintaining a positive image of the plaintiffs. Finally, after resolution, PR is essential in highlighting the successful outcomes, reinforcing the law firm's reputation, and ensuring that the case’s impact resonates beyond the courtroom. Overall, strategic communications is an indispensable tool for navigating the complex intersection of law and public opinion, ultimately contributing to a more favorable litigation environment.

How can RebuttalPR help with Storytelling Through the Media?

Media coverage was the linchpin in shaping the proceedings and trajectory of the Disney litigation. Similarly, RebuttalPR helps plaintiffs' law firms craft and disseminate compelling narratives that resonate with key audiences, including potential clients the public, and referral sources. We leverage our deep understanding of the legal landscape to develop stories that go beyond legal jargon, focusing instead on the human elements of each case — such as the impact on victims and the pursuit of justice. By doing so, we ensuresthat the narrative is emotionally engaging and accessible to a broader audience, which is crucial in influencing public opinion and gaining media traction.

Moreover, RebuttalPR uses its extensive media relationships to strategically place these stories in outlets that will maximize their impact. Whether it's securing feature articles in national newspapers, arranging interviews on major television networks, or targeting niche legal publications, RebuttalPR ensures that the story reaches the right people at the right time. This approach not only amplifies your firm’s message but also helps shape the broader public discourse around important legal and social issues, ultimately supporting your legal strategy and goals.

Contact us below to learn how we can help elevate and grow your firm through strategic communications.