3M's Defensive Settlement Comms

3M’s statement and the investor call (and associated deck) about settling lawsuits for damaging earplugs sound defensive and deny responsibility. In these crisis response situations, companies choose between demonstrating accountability, compassion, and humility and taking 3M’s route of deniability.

In the statement, 3M does the minimum: states the settlement reason and amount, describes the process going forward, and tries to put a bow on it. The intent is to end the lawsuits. That’s all in three short paragraphs; the rest is a bunch of words—the typical boiler plate of financial considerations, the investor teleconference, and long forward-looking statements. The earplug situation involves Aearo Technologies, the product maker acquired by 3M in 2008, so 3M could shift blame, although the leaders wisely chose not to use that losing strategy.

On the investor call (here are the deck and transcript), all statements, questions, and answers focus on the financials. Of course, it’s an investor call, so participants are most interested in the financial impact to the company. We hear fear, including questions about insurance, the potential for additional claims—and the Big Question about pending lawsuits for a different issue—“forever chemicals” (per- and polyfluoroalkyl substances or FPAS) in drinking water. Legal fees could mount to $30 billion in those cases.

Still, is there nothing to learn from the situation? 3M says some lawsuits were fraudulent, brought by U.S. veterans who did not suffer damages. Still, is there no compassion for those who clearly did? The answer seems to be no, that the company’s primary audience is investors, and that is not their immediate concern.

Students could compare these communications to those of McKinsey about their role in the opioid epidemic, a better example of taking responsibility and acknowledging damage done. Although not perfect, McKinsey’s messages indicate that the company might make changes as a result of the litigation, which is often more important to litigants than the settlement money.