DePaul Law Review Volume 62 Issue 3 Spring 2013: Symposium - Class Action Rollback? Wal-Mart v. Dukes and the Future of Article 11 Class Action Litigation Extralegal Whitewashes Lesley Wexler Follow this and additional works at: https://via.library.depaul.edu/law-review Recommended Citation Lesley Wexler, Extralegal Whitewashes, 62 DePaul L. Rev. 817 (2013) Available at: https://via.library.depaul.edu/law-review/vol62/iss3/11 This Article is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Law Review by an authorized editor of Via Sapientiae. For more information, please contact
[email protected]. EXTRALEGAL WHITEWASHES Lesley Wexler* "If you don't like what's being said, change the conversation." Don Draper' INTRODUCTION Do class action and other high-profile lawsuits change corporate so- cial behavior and create corporate social responsibility? While the an- swer is decidedly mixed,2 the litigation literature focuses on measures * Professor and Thomas A. Mengler Faculty Scholar, University of Illinois College of Law. Thanks to Rachel Arnow-Richman, Jessica Clarke, and Naomi Schoenbaum for helpful com- ments. Many thanks also to Marissa Meli and Lisa Koerner for research assistance. 1. Mad Men: Blowing Smoke (AMC television broadcast Oct. 10, 2010). In the popular televi- sion show Mad Men, the advertising agency Sterling Cooper Draper Pryce was fired by its largest client, Lucky Strike. Concerned that bad press would cause other clients to jump ship, creative director Don Draper went on the offensive. Rather than acknowledge its firing or its shortcom- ings, Draper had the agency take out a full page advertisement in the New York Times proclaim- ing its concerns about smoking's health risks and announcing that it will no longer accept cigarette companies as clients.