Before the 2012 presidential campaign recedes from memory, its worthwhile to reflect on some of its lessons for in-house counsel working in companies that are subject to public scrutiny:
1. Nothing is Off the Record
At a time when everyone carries a smartphone with a video recorder in their pocket, no statement can be assumed to remain private for long.
President Barack Obama learned this lesson during the 2008 campaign when he was surreptitiously recorded claiming that small-town voters get bitter and cling to guns or religion.
Republican candidate Mitt Romney was reminded of it when he was unknowinglyand now infamouslycaught on video explaining that 47 percent of Americans are dependent upon government and believe that they are victims. Indeed, recent reports of Romney’s post-election comments on a conference call with campaign donors have him attributing his loss to governmental “gifts” bestowed upon voters, which indicates that this lesson still may not have sunk in.
