Panorama Public Relations

case study

Microsoft Products Settlement,
State of Florida

In August 2003, Panorama Public Relations was retained to assist plaintiffs' attorneys in the $202 million settlement of a class-action lawsuit against Microsoft Corporation in Florida. Specifically, Panorama's charge was to develop a strategy for increasing the number of participants in the settlement — with a particular concentration on businesses and other holders of multiple licenses on certain Microsoft products — prior to a settlement hearing scheduled for Nov. 24, 2003, in the 11th Judicial District Court of Miami-Dade County. In addition to lead counsel Lightfoot, Franklin & White, of Birmingham, the plaintiffs’ legal team included Kirby McInerney & Squire, of New York, and Lieff, Cabraser, Heimann & Bernstein, of New York and San Francisco.

The proposed settlement of the proceeding, titled "In Re Florida Microsoft Antitrust Litigation," is the result of class-action lawsuits alleging that Microsoft violated Florida’s antitrust and unfair competition laws. On April 15, 2003, the parties settled the case, and the court gave preliminary approval of a Settlement Agreement. Under the terms of the agreement, businesses and consumers who purchased stand-alone Microsoft software or computers loaded with Microsoft Operating Systems such as Windows or DOS and/or Microsoft applications such as Office, Word, or Excel, between November 1995 and December 2002 will receive vouchers worth $5 for each software product and $12 for each operating system purchased during the seven-year class period.

At the attorneys’ request, the strategy developed and implemented by Panorama targeted prospective business claimants, as multiple-license-holders stand to reap the most significant financial benefits from the settlement’s stipulation that claims be paid on a “per license” basis. The court was scheduled to decide whether to grant final approval of the agreement at the Nov. 24 hearing.

Implementation of Panorama’s strategy was launched officially in September, with a conference call between the plaintiffs' attorneys and Florida media representatives. The purpose of the call was to provide participants a detailed overview of the settlement, including background of the case, settlement terms and benefits, eligibility requirements, and the process for joining the settlement. The conference call resulted in broad media coverage of the settlement, including stories in each of Florida’s major daily newspapers.

To follow up publicity generated by the conference call, Panorama implemented a strategic communications program centered on four key components:

Advertising. The paid advertising component of the strategy utilized the most highly-targeted and cost-effective means available to reach the desired business audience---weekly business journals in the major markets of Tampa Bay, Orlando, Miami/South Florida and Jacksonville. Through full-page ads repeated six times during the eight-week campaign, readers were given information about the settlement, including eligibility requirements and contact information for the plaintiffs attorneys, the settlement administrator and the settlement Website.

Email. Utilizing research and human resources provided by the respective plaintiffs attorneys, Panorama coordinated an email campaign targeting corporate personnel with oversight of, or involvement in, administration or operation of information technology or information management systems.

Telephone calls. Utilizing both in-house and external research identifying Florida businesses with high potential to participate in the settlement, Panorama coordinated calls made to appropriate officials of those businesses, informing them about the settlement and urging their participation. Telephone calls also were made to chambers of commerce throughout the state, to enlist the chambers’ assistance in informing their respective memberships of the potential financial opportunity represented by the settlement.

Media follow-up. Throughout the eight-week campaign, Panorama provided periodic updates to the Florida media. The firm also continued to pitch the settlement story to media outlets that had not provided coverage of the campaign launch, with some success. The primary success of media follow-up efforts came in the form of numerous “update” stories in immediate advance of the November 24 hearing.

As of the November 24 hearing, Panorama’s involvement in the Florida Microsoft Products Settlement was completed successfully, a significant increase in settlement participants having been achieved. At the hearing, the presiding judge indicated his intent to grant final approval to the $202 million settlement, but extended the deadline for joining the settlement until his written order is entered. With the proceeding still technically in process, Panorama is prohibited from providing statistics and other data quantifying the success of its recommended strategy; however, the plaintiffs attorneys have recommended Panorama to numerous of their colleagues involved in similar proceedings across the nation. This anticipated new revenue stream led Panorama to form a special Lawsuit Settlement Services practice, now in the early stages of implementation.

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