After decades of reluctance, fund managers are starting to talk to the media – a trend fueled by legal and business changes over the last several years. On the legal side, the JOBS Act repealed the ban on general solicitation and advertising for private funds that rely on Regulation D. On the business front, investors’ enhanced negotiating clout has forced managers to distinguish their product and service offerings. Although talking to the media can net distinct benefits, it can also trigger a range of regulatory, business, reputational and other risks. This two-part series is intended to help fund managers decide whether to talk to the media and, if they do, how to identify and manage the attendant risks. This second article reviews several distinct benefits of speaking with the press; best practices and compliance recommendations for interacting with the media; and certain situations in which managers should avoid media communications. The first article
explored fund managers’ historical hesitation to speak to the press, as well as seven potential risks that they face when doing so. For more on interacting with the press, see our two-part series “Cyber Crisis Communication Plans: What Works and What Fund Managers Should Avoid”: Part One
(May 14, 2019); and Part Two
(May 28, 2019).