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Reputational Crisis Forces Cambridge Analytica’s Closure

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Most of us are aware of the recent scandal involving Facebook and political consulting firm Cambridge Analytica, wherein the latter company obtained data from up to 87 million Facebook users and, in turn, built profiles of individual voters and their political preferences to best target advertising and sway voter sentiment. This information was used to enable Donald Trump’s campaign in the 2016 presidential election.

Right around that time it was reported that the Cambridge Analytica board of directors suspended CEO Alexander Nix. This action was taken after a whistleblower claimed Nix set up a “fake office” in Cambridge to present a more academic side to the company, and made comments to undercover reporters  that “do not represent the values or operations of the firm and his suspension reflects the seriousness with which we view this violation.”

A feature about the scandal in Risk Management’s current issue explains why the incident was not a data breach and how companies can learn from this and comply with EU’s General Data Protection Regulation (GDPR) in time for its May 25 implementation.

In the aftermath of the scandal and Cambridge Analytica’s concession that it will not be able to recover from its reputational crisis—although the company’s leadership maintains that it acted ethically—the UK-based firm and its affiliates announced on May 2 that it will be “ceasing all operations.” Excerpts from its statement are below:

Over the past several months, Cambridge Analytica has been the subject of numerous unfounded accusations and, despite the Company’s efforts to correct the record, has been vilified for activities that are not only legal, but also widely accepted as a standard component of online advertising in both the political and commercial arenas.    

Despite Cambridge Analytica’s unwavering confidence that its employees have acted ethically and lawfully, which view is now fully supported by [Queen’s Counsel Julian Malins] report, the siege of media coverage has driven away virtually all of the Company’s customers and suppliers. As a result, it has been determined that it is no longer viable to continue operating the business, which left Cambridge Analytica with no realistic alternative to placing the Company into administration.

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This once again demonstrates how attacks in the court of public opinion can cripple a business.

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Despite a fast reaction and being exonerated by a credible authority, no amount of crisis management and communication could make up for the actions of Cambridge Analytica’s leadership. It also seems that the company had not considered a business continuity plan for a reputation crisis of this magnitude.

Last year, Steel City Re CEO Nir Kossovsky wrote for Risk Management Monitor about reputational risk—reflecting on it and warning of the consequences to an organization. When public anger rises, he said, “more blame is being cast upon recognizable targets, such as CEOs.”

And while Facebook CEO Mark Zuckerberg seems to have dodged the bullets fired his way during a Congressional hearing last month (did you #deletefacebook?), Cambridge Analytica’s leadership knew that, based on its actions and the cavalcade of accusations, neither their clients nor the public would ever “like” them again.

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LIRR Misses Critical Juncture for Positive Train Control

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Last week, the Long Island Rail Road (LIRR) confirmed interruptions in its ability to fully install positive train control (PTC) across its system by the end of the year. Newsday reported that the LIRR system, which is a unit of the Metropolitan Transportation Authority’s (MTA) network, failed 16 out of 52 factory tests performed in early March using a computerized simulation of the new technology.

Although its PTC contractor continues to investigate the cause of the failures, MTA officials said they believe it stems from the complexity and density of the LIRR, which is the busiest commuter railroad in the country averaging more than 311,000 daily riders.

PTC is designed to eliminate human error by using four components: GPS satellite data, onboard locomotive equipment, the dispatching office and wayside interface units. The system communicates with the train’s onboard computer, allowing it to audibly warn the engineer and display its safe braking distance based on its speed, length, width and weight, as well as the grade and curvature of the track, according to railroad operator Metrolink.

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If the engineer does not respond to the warning, the onboard computer will activate the brakes and safely stop the train.

An approved PTC System must protect against:

  • Passing a stop signal.
  • Train-to-train collision.
  • Overspeed on curves and other civil restrictions.
  • Unauthorized incursions by a train into a work zone.

The installation began in January as part of a $1 billion safety upgrade, although it had been on the LIRR’s strategic plans for years. So far, substandard testing results are not instilling much confidence that PTC will be complete by the federal deadline of Dec. 31, 2018. If that deadline is missed agencies without properly-installed PTC may face fines of up to $25,000 per day, as enforced by the U.S. Rail Safety Improvement Act of 2008.

MTA Board member Neal Zuckerman told Newsday he is less concerned about meeting a federal deadline than he is about “having a system that works for riders.”

“It is better to have this right than fast,” Zuckerman said. “A nonfunctioning system is not worthwhile. It’s a waste of money and time and ultimately will not serve the needs of the riders.”

The LIRR is not the only major transit system to be missing the mark. Risk Management Monitor reported on Amtrak’s struggle to meet the deadline in February and that by the end of 2017, only 8% of NJ Transit’s locomotives and none of its tracks were updated with PTC.

Efforts to upgrade train technology has been a nationwide priority. There have been a number of accidents in recent years. The most recent was a major derailment occurring on Dec. 18, 2017 when an Amtrak train derailed near Tacoma, Washington, killing three passengers and injuring about 100. That crash was the result of excessive speed in a steep curve, which experts suggested could have been prevented with PTC’s automatic braking technology. Amtrak Train No. 501, on its inaugural run, was traveling 80 miles per hour in an area limited to 30 miles per hour when it derailed on an overpass, sending the train’s 12 coaches and one of its two engines careening onto the highway below.

As previously reported in Risk Management, a similar derailment in Philadelphia in May 2015 that killed eight, was also blamed on excessive speed and could have been avoided if PTC had been in place.

After Congress passed the PTC Enforcement and Implementation Act of 2015 it also authorized the FAST Act, which allocated $199 million in PTC grant funding and specifically prioritized PTC installation projects for Railroad Rehabilitation and Improvement Financing funding. The Association of American Railroads estimates that freight railroads will spend $10.6 billion implementing PTC, with additional hundreds of millions each year to maintain.

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 The American Public Transportation Association has estimated that the commuter and passenger railroads will need to spend nearly $3.6 billion on PTC.

Truck Driver Shortage Impacting Shipping, Retail Prices

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Factors including electronic-logging of driver hours, a growing need for shipment of items by Amazon and a surge in retirement of baby-boomers have meant a shortage of freight truck drivers and rising shipping costs.

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The American Trucking Associations reported a shortfall of 51,000 truck drivers nationwide in 2017, up from 36,500 in 2016 and 20,000 in 2013. The ATA projects the driver gap will increase to nearly 100,000 by 2021.

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“We’ve probably never had a situation like we have today, where the demand is strong and capacity is constrained,” Bob Costello, chief economist of the American Trucking Associations (ATA), a trade group representing trucking companies told USA Today. The ATA also reported that transportation companies are taking steps to attract drivers, such as pay increases and signing bonuses.

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Ben Cubitt, senior vice president of Transplace, a freight management firm noted that 99% of trucks nationwide are in use, up from 92% in October 2015. “Every truck is spoken for every day,” he said, adding that trucking companies have increased rates 6% to 10% in contracts with shippers over the past year to offset higher wages and take advantage of the strong demand. Trucks account for almost two-thirds of all tonnage moved in the U.S., according to the American Trucking Associations.

A new federal mandate for electronic logging devices that took effect in December, limiting the number of hours drivers can work, has had a big impact. These devices now take into account all time spent on the road, even waiting for cargo to be taken off a truck, which can cause hours to add up quickly and push a driver past the legal limit of consecutive work hours.

“There is a lot of uncertainty within the trucking world right now about what the effects of the [electronic logging devices] mandate’s going to be in the long term,” Steve Viscelli, a sociology professor at the University of Pennsylvania told USA Today. He added that E-commerce also has had a “huge effect.”

Price increases passed on to consumers are low so far, but are expected to increase as the driver shortage continues.

Growing Cities Mean Growing Risks

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On a recent list of the fastest growing American cities, Nashville jumped from 20th to 7th in a year. There are more than 210 active construction projects in the downtown core alone. We are hardly alone. Denver, New York, Charlotte, Atlanta and more are experiencing similar growth. Cities are booming and growing, and the construction cycle is showing little sign of letting up soon.

This growth presents great opportunity for companies in the construction industry.

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While it is exciting to see many succeed and take part in skyline-changing projects, it cannot be overlooked that with growing opportunity comes growing challenges. Risk management and comprehensive protections are becoming a central component of doing business, as more activity, more competition and tougher deadlines mean that no matter how good a company is with its service, risk is increased.

A catastrophic accident or incident that isn’t properly prepared for can wipe out boom time profits for any one company. As an entity in construction and development, it is vital to be completely protected from a risk transfer standpoint.

To do that there are three things anyone in a boom time must recognize:

  1. Risk is contractually driven in the construction industry. There is no blanket standard on your risk or obligations when it comes to construction, and each contract spells out different demands.
  2. You are forced to put a lot of trust into subcontractors. No job can be completed without competent, capable subcontractor work. So, whether you are the general contractor or another subcontractor, you have to trust other entities to do their job to be certain you can do your best job.
  3. The best subcontractor teams are harder to come by. As I mentioned previously, there are 210 projects ongoing in Nashville’s urban core alone. That means subcontractors are in high demand and the team you want or typically use may not be available. That results in having to sometimes trust someone you’ve never worked with before.
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In short, risk is shifting from project to project.

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Much of the work of any project is out of the control of one company or team and the teams you work with are constantly shifting due to high demand.

That presents challenges. What’s the best singular way to address these challenges?

Don’t just leave your contract to your lawyers! Cover all the bases by allowing all involved in risk management and insurance to be engaged from the outset—starting with contract review and finalization. This is applicable to both general contract agreements as well as subcontract agreements.

Your lawyers are important when creating a legal document, but you also need to consider your insurance risk management partners as part of the contract origination team. They should have an opportunity to review your contract to make sure it is reasonable from a risk management perspective. This step opens the door for the contract to be shared with the underwriters early to get them familiar and comfortable with the parameters of the project and its risk. As a result, from day one there is an understanding of everything expected of the client, from how the contract agreement reads to transfer of risk.

For the subcontractors you use, diligence needs to happen when it comes to review of those Certificates of Insurance provided. Types of coverages, respective limits and additional protective wording should be stipulated on that Certificate of Insurance form and received as part of contract compliance and before subsequent works begins.

The good news for those in the construction industry is there is a high availability of insurance within the construction market. Insurers continue to strongly solicit construction business and are willing to provide the coverages needed—and at very competitive pricing.

Ultimately, while the right policies and the best packages are important, most of the work to ensure your protection is needed on the front end during the contract phase. Take the time to involve your risk management partners early in the contracting period and save yourself panic later.

This will not only ensure that you have the right protection in a time of increased activity and opportunity, but also mitigate the chance for gaps in coverages and ensure your insurance partner is ready to mobilize and advocate for you quickly and effectively in case there is claim.