Bad Marketing Strategies: Jones Day Law Firm Edition
Credit: By AgnosticPreachersKid - Own work
November 11, 2020

It is common place for large companies to put out statements when they are being publicly accused of something or when they are facing backlash for a decision to do (or not do) something that the public clearly feels is wrong in some way. Meet Jones Day law firm.

Some of their major clients include CBS, Sutter Health, R. J. Reynolds Tobacco, Sirius XM Radio, Dell, Motorola, Sherwin-Williams, Google, Johnson & Johnson and McDonalds.

Here is their statement, denying any involvement in Election 2020 shenanigans. They also tweeted it out.

In the statement, they say:

Jones Day is not representing President Trump, his campaign, or any affiliated party in any litigation alleging voter fraud. Jones Day also is not representing any entity in any litigation challenging or contesting the results of the 2020 general election. Media reports to the contrary are false.

Jones Day is representing the Pennsylvania GOP in pending litigation brought by private parties in April 2020 and the Pennsylvania Democratic Party in August 2020. In that litigation, the Pennsylvania Supreme Court issued an order extending the statutory deadline to return mail-in ballots established by the Pennsylvania General Assembly.

The Republican Party of Pennsylvania, through Jones Day, has sought review in the United States Supreme Court on the ground that the order is unconstitutional because it usurped the Pennsylvania General Assembly’s plenary authority to determine election procedures including the deadline for absentee ballots. The United States Supreme Court is currently deciding whether to grant certiorari. Four justices agreed with our client’s position, and voted to grant a stay, indicating that they believed there was a fair prospect of review and reversal by the Court. Three justices have issued a statement that there is "a strong likelihood that the Pennsylvania Supreme Court’s order violates the U.S. Constitution." On November 6, Justice Alito ordered Pennsylvania election officials to segregate ballots arriving after the statutory deadline to preserve the issue and to have a record of the vote with and without the segregated ballots.

Add to that list the Pennsylvania Republican Party, which is currently in litigation to get thousands of mail in ballots post marked before Election Day, but received AFTER Election Day, thrown out.

It appears they are talking out of both sides of their mouths. On one side, they ARE admitting to being involved in election *related* litigation that could, if a court ruled in their favor, affect the outcome of the election. BUT, they are still denying that they are representing anyone "alleging voter fraud". Isn't requesting that ballots be thrown out, in some way, alleging that those ballots, in and of themselves, are somehow fraudulent? Or are they saying that the ballots were not fraudulent? Because if the ballots were legal and not criminal when they were sent, there is no way to allege that they were fraudulent and should be excluded from the legal count towards Election 2020.

Oh, and Jones Day was listed on a filing to the Pennsylvania Supreme Court ON TUESDAY.

John M. Gore, Counsel, a Partner from the DC location of Jones Day is actually listed as "Counsel of Record" on the filing. And the filing is related to an election related case attempting to disenfranchise and dispose of, potentially, tens of thousands of legally cast votes. This filing is clearly insinuating that there is something fraudulent in these ballots, or they would not want to exclude them from the count. Correct?

Twitter was incredulous

Anyone who has worked in marketing knows that Marketing 101 teaches you to never put in writing such definitive, and easily disproven, statements. It always backfires spectacularly. And Jones Day is learning that lesson now. Let's see if if affects their recruiting for summer 2021 and how much their partners lose in compensation if clients start to move on more reputable Firms.

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