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MGM Resorts Spurs Rise of Multidisciplinary Crisis Management Teams

On Julyโ€ฏ1โ€ฏ2026, leading law firms announced the formal creation of multidisciplinary crisisโ€‘management groups in response to the 2017 Mandalayโ€ฏBay shooting. The development codifies crisis response as a distinct legal service that integrates litigation, publicโ€‘relations, and cybersecurity expertise. Public companies and hospitality operators are now required to engage such teams to mitigate exposure under securitiesโ€‘disclosure and regulatoryโ€‘investigation rules. The shift clarifies that firms may bill for coordinated crisis services separate from traditional advisory work.

Full News Breakdown

The 2017 Lasโ€ฏVegas mass shooting exposed a gap in corporate emergency response, prompting MGM Resortsโ€™ counsel to summon lawyers with crisisโ€‘management experience. Law firms subsequently debated whether to treat coordinated emergency response as a standalone practice or as an extension of existing litigation and regulatory work. By midโ€‘2026 the majority adopted the former model, launching dedicated multidisciplinary units.

  • Primary Legal Issue: Coordination of multidisciplinary crisis response for corporate emergencies

  • Practical Outcome: Law firms now market structured crisisโ€‘management groups to corporate clients

How Does This Affect You?

Before this development, companies lacked clear guidance on who could provide integrated legal, publicโ€‘relations, and technical advice during sudden emergencies. The industry consensus now resolves that gap by recognizing multidisciplinary crisisโ€‘management groups as a legitimate, billable legal service. This makes it certain that clients can secure a single point of contact for coordinated response, while regulators may assess the adequacy of such structures when evaluating compliance with disclosure and investigation obligations.

For Lawyers & Advocates

  • Boards may wish to adopt a triggerโ€‘based clause in corporate governance manuals that obligates activation of the firmโ€™s crisisโ€‘management unit when a material event meets the SECโ€™s โ€œprompt disclosureโ€ threshold under the Securities Exchange Act.

  • Counsel may consider reโ€‘evaluating ongoing securitiesโ€‘classโ€‘action defenses to incorporate coordinated media statements prepared by the crisis team, thereby reducing the risk of adverse jury perception.

  • Firms may find it useful to draft the crisisโ€‘management engagement agreement as a separate retainer, specifying fee structures for legal, PR, and cybersecurity components to satisfy Ruleโ€ฏ1.5 of the Model Rules on fees.

  • Counsel may wish to cite the 2026 industry shift as persuasive authority when arguing that a clientโ€™s failure to engage a multidisciplinary team constitutes a breach of fiduciary duty under Delaware law.

  • The new model does not eliminate exposure to attorneyโ€‘clientโ€‘privilege challenges when nonโ€‘lawyer consultants are involved; privilege logs should clearly delineate privileged communications.

For Law Students

Courts evaluate the scope of professional services when new business models intersect with traditional legal duties. This expands the fiduciary duty to include proactive riskโ€‘mitigation through multidisciplinary coordination. The decision is particularly relevant for the study of:

  • Corporate Governance and Fiduciary Duties

  • Securities Law and Disclosure Obligations

  • Professional Responsibility and Attorneyโ€‘Client Privilege

  • Crisis Management and Business Continuity Planning

  • Regulatory Enforcement Strategies

Comparing this development with Inโ€ฏreโ€ฏVolkswagen Emissions Scandal (2016) and Unitedโ€ฏStatesโ€ฏv.โ€ฏTheranos, Inc. (2022) shows how courts assess the interplay between internal investigations and external communications, highlighting the tension between disclosure duties and privilege.

For Businesses

  • Publicly traded firms may want to consider amending their board charters to include a crisisโ€‘management activation clause, reducing the risk of SEC enforcement for untimely material disclosures.

  • Hospitality operators may find it useful to embed a joint legalโ€‘PRโ€‘cybersecurity response protocol in their emergencyโ€‘response manuals, mitigating potential stateโ€‘attorneyโ€‘general penalties for inadequate consumerโ€‘protection practices.

  • Technology companies handling personal data may want to integrate cybersecurity experts into crisis teams to satisfy the FTC Safeguards Rule during breach notifications, avoiding civil penalties.

Key Takeaways

  • The law now treats multidisciplinary crisisโ€‘management groups as a recognized legal service distinct from traditional advisory work.

  • Law firms must create, document, and bill for integrated crisis engagements, and counsel must embed activation triggers in client agreements.

  • Regulators can evaluate the existence and adequacy of a clientโ€™s crisisโ€‘management structure when determining compliance with disclosure and investigation obligations.

  • The SECโ€™s anticipated 2027 guidance on materialโ€‘event communication is expected to codify expectations for coordinated legalโ€‘PR responses.

References

  1. SEC

  2. Securities Exchange Act

  3. Ruleโ€ฏ1.5 of the Model Rules on fees

  4. Delaware law

  5. attorneyโ€‘clientโ€‘privilege

  6. Inโ€ฏreโ€ฏVolkswagen Emissions Scandal

  7. Unitedโ€ฏStatesโ€ฏv.โ€ฏTheranos, Inc.

  8. FTC Safeguards Rule

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