Richard Berman | |
---|---|
Born | 1942 (age 81–82) |
Alma mater | Transylvania University, William and Mary School of Law |
Occupation(s) | Lawyer, lobbyist |
Children | David Berman |
Richard B. Berman (born 1942) is an American lawyer, public relations executive, and former lobbyist. [1] Through his public affairs firm, Berman and Company, he ran several industry-funded, non-profit organizations such as the Center for Consumer Freedom, [2] the Center for Union Facts, and the Employment Policies Institute. [3]
Berman's organizations have run numerous media campaigns concerning obesity, soda taxation, smoking, cruelty to animals, mad cow disease, taxes, the national debt, drinking and driving, as well as the minimum wage. Through the courts and media campaigns, Berman and Company challenges regulations sought by consumer, safety and environmental groups. [4] [5] [6] [7]
Berman’s mantra is to “win ugly or lose pretty.” [8] He argues, “I believe in offense. Public relations firms mainly deal with crisis management. That is defensive in nature.” [9] According to The New Yorker , “Richard Berman is something of a legend, often credited with taking the art of negative campaigning on behalf of undisclosed corporate clients to the next level.” [10] He devised an acronym to summarize his approach to public relations messaging (“FLAGS,” or fear, love, anger, greed, and sympathy), claiming that anger and fear are the most effective emotions to convey. [11]
Berman has appeared on 60 Minutes , The Rachel Maddow Show , [12] The Colbert Report , [13] and CNN [14] in support of Berman and Company-affiliated organizations. He claims he is “never afraid of an interview, even from a hostile source.” [15] 60 Minutes has called Berman "the booze and food industries' weapon of mass destruction," labor union activist Richard Bensinger gave him the nickname "Dr. Evil," and Michael Kranish of the Boston Globe dubbed him a "pioneer" in the "realm of opinion molding." [16] The “Dr. Evil” nickname comes from a 2006 USA Today story, which claims “Berman is the best, and apparently most hated, example of a third party hired by companies to be their public face as they take on unpopular battles.” [17] [18]
On Berman's criticism of the Association of Community Organizations for Reform Now (ACORN) in 2009, Rachel Maddow claimed, "The people who are paying Rick Berman for his work, those people who think that their profits are threatened by what ACORN does, they‘re getting way more than their money‘s worth." [19] In 2013, The Huffington Post included Berman on its list of "America's Ruling Class Hall of Shame," describing him as a "sleazy corporate front man." [20] In a 2015 article, Salon criticized Berman as a propagandist, calling him "a gifted translator of biz-think into the common sense of the millions." [21] He was criticized in a 2018 episode of Last Week Tonight with John Oliver on astroturfing. [22] Berman has responded to such criticism by stating that the groups he managed have acted as "watchdogs who question the motivation, tactics, and fundraising efforts of these powerful groups" and that targets "throw mud" instead of "debating the actual issues." [23]
Berman grew up in the Bronx borough of New York City. His father ran a gas station. Berman did general labor at the business on weekends and summers while growing up. He attended Transylvania University in Kentucky. [24] After graduating from college in 1964, Berman went on to William and Mary School of Law and finished in 1967. [25]
Berman's son was Silver Jews musician David Berman, who died by suicide on August 7, 2019, at age 52. [26] The two had been estranged due to David's strong disapproval of his father's work. [27] [28] After his son’s death, Berman wrote, “Despite his difficulties, he always remained my special son. I will miss him more than he was able to realize.” [29] In 2010 he said that his daughter is the person who has impressed him the most of anyone he has met. [30]
After law school, Berman worked as a labor law attorney for Bethlehem Steel, and from 1969 to 1972 he served as a corporate lawyer for Dana, an automotive parts company in Toledo, Ohio. From 1972 to 1974, he was employed as labor law director of the U.S. Chamber of Commerce in Washington, D.C.
He moved into the food and beverage industry in 1975 under the mentorship of Norman Brinker, founder and owner of the Steak & Ale chain of restaurants. Considering Brinker his "hero," Berman started a government affairs program, launched his first PAC for Brinker, and worked there until 1984. [31] He served as executive vice president of Pillsbury Restaurant Group from 1984 to 1986. In 1987, he formed Berman and Company, a Washington, D.C.-based public affairs firm specializing in research, communications, and advertising. The company is known for placing opinion editorials in over 100 top newspapers every year. [32] [33] [34]
In 1991, Berman created the Employment Policies Institute to research entry-level work issues and argue "the importance of minimum wage jobs for the poor and uneducated." In practice, this translated to opposing minimum wage hikes that reduce employment, as determined by the nonpartisan Congressional Budget Office and other sources. [35] [36] [37] [38]
In the 1990s, Berman was the president of Beverage Retailers Against Drunk Driving (BRADD), an organization formed to combat the alleged overreach of Mothers Against Drunk Driving. [39] As president, he argued for "tolerance of social drinking." [40] Berman also worked as a consultant for the Minimum Wage Coalition to Save Jobs. [41]
In a document released by The New York Times on October 30, 2014, from a talk that Berman gave to the Western Energy Alliance, he reassured potential donors about the concern that they might be found out as a supporter of one of his organizations: "We run all of this stuff through nonprofit organizations that are insulated from having to disclose donors. There is total anonymity." [42] He also touted his "win ugly" method of personal attacks on labor union leaders, environmentalists, and others who opposed him. [43]
Berman left Berman and Company and started his own consulting firm, RBB Strategies, in January 2023. [44] He is the Executive Director of the RAM Veterans Foundation, which operates the website CharitiesForVets.com, helping potential donors recognize the veteran charities most worthy of their support. [45] [46] Berman’s goal is to “call out veteran charity scams,” grading thousands of American charities with military missions. [47] [48]
As of May 2009, Berman was the sole owner and executive director of Berman and Company, a for-profit management firm that ran fifteen corporate-funded groups, including the Center for Consumer Freedom. He has held at least 16 positions within these interlocking organizations. [49] As of 2010, just six of these nonprofits provided as much as 70% of Berman and Company's revenue. [50] Bloomberg News reported that, from 2008 to 2010, Berman and Company was paid $15 million from donations to his five nonprofit organizations. [51] The tax returns for the Berman-affiliated organizations are publicly available. [52] [53]
Through these organizations, Berman and Company has received more than 60 "POLLIE Awards" since 2002 from the American Association of Political Consultants. [54] [55] The company has also been featured in college textbooks for its issue advocacy campaigns. [56] [57] Organizations founded by Berman include:
The Center for Organizational Research and Education (CORE), formerly the Center for Consumer Freedom (CCF) and Guest Choice Network (GCN), is a non-profit advocate for the food industry and was formed in 1995 with funding from tobacco giant Phillip Morris. [58] [59] The organization underwent a name change to become The Center for Organization Research and Education in 2017. [60] CORE generally promotes de-regulation in the marketplace against what it believes is encroachment by government or scare tactics promulgated by activist groups. CCF also runs the organizations HumaneWatch [61] and PETA Kills Animals, which criticize the practices of the Humane Society of the United States (HSUS) and People for the Ethical Treatment of Animals (PETA), respectively. [62] The group also launched the Environmental Policy Alliance, or EPA for short, with a focus on exposing the financial support and undisclosed motivations of environmental advocacy groups. [60]
In 2011, the Los Angeles Times called CCF a “feisty and unapologetic warrior against what it sees as over-regulation of consumers’ habits.” [63] Berman smear campaigns allege that HSUS "gives less than one percent of the money it raises to local pet shelters," [64] and that "PETA kills 89% of the adoptable dogs and cats in its care. [65] Berman's attacks on animal rights organizations have gained support from many individuals and organizations working in the agriculture and agribusiness sector, with The Intercept describing him as “skilled in engineering campaigns against public interest groups. [66] [67]
In 2013, Charity Navigator issued a Donor Advisory stating that "the majority of the Center for Consumer Freedom's program expenses are being directed to its CEO Richard Berman's for-profit management company, Berman and Company." [68] The Chicago Tribune depicted CCF as an organization that "employs razor-sharp wit and unconventional tactics." [69]
Berman and Company does not publicly name its clients. 60 Minutes obtained a list of companies that received Center for Consumer Freedom marketing materials in 2002. [70] Among the parties named were The Coca-Cola Company, Tyson Foods, Outback Steakhouse, Wendy's International, Inc., Brinker International (parent company of Chili's and Macaroni Grill), Arby's, Hooters, and Red Lobster. [71]
HSUS and the Restaurant Opportunities Center have criticized Berman. HSUS has carried out its own investigations of CCF and Berman, and filed complaints about CCF with the IRS. [72] [73] CCF has responded by filing its own complaint with the IRS against HSUS. [74] As of July 2023, the IRS has not taken action against either group.
The American Beverage Institute (ABI) is a trade association opposed to laws intended to criminalize alcohol consumption, including the push to further lower existing blood-alcohol arrest thresholds. In 2017, ABI criticized Utah legislators’ decision to lower the state’s legal blood-alcohol limit from .08 to .05, running an advertising campaign that poked fun at the low legal BAC limit. [75] One advertisement read, “‘UTAH: Come for vacation, leave on probation.” [76]
The Employment Policies Institute (EPI) is a nonprofit research center opposed to raising the minimum wage, particularly in the labor-intensive restaurant industry. Time described EPI's work as helping to "lay the groundwork for the minimum-wage fight in 2014." [77] According to Time, “The voice that may matter most [in the minimum wage fight] is one many Americans have never heard of: Richard ‘Rick’ Berman, a public relations guru and former lobbyist who claims to speak for the small-business owners who run the nation’s diners and corner stores.” [78]
The Restaurant Opportunities Center has taken an aggressive approach in its campaigns against Berman's base of support within the National Restaurant Association and related enterprises. [79]
The Center for Union Facts (CUF) fights against unions which are corrupt and bad for workers. [80] It has run full-page ads in major print media outlets (including The New York Times, The Wall Street Journal, and The Washington Post), blaming corrupt trade unions for the bankruptcies of certain American industries. The CUF website purports that it is the largest online database of labor-union reporting on salaries, budgets, and political spending. CUF has produced TV ads alleging intimidation by trade unions. CUF is a non-profit; 2007 federal tax returns showed revenues of $2.5 million, with $840,000 being paid to Berman and Company for management services. [81]
The Enterprise Freedom Action Committee is a political action committee. [82] The group spent $315,000 on a campaign against Donald Trump during the 2016 Republican primaries. [83]
In 2016, the Committee also launched “China Owns Us,” a public awareness campaign that is critical of the Chinese Communist Party’s increased involvement in American mass media. [84] [85] After Dalian Wanda acquired AMC Theatres, the China Owns Us campaign drummed up opposition to Chinese acquisitions in Hollywood, warning federal lawmakers that Chinese-owned theater screens and production assets would influence people’s views about U.S.-China relations. [86] [87] Berman claimed, “What I’m trying to do is stop somebody else from managing the culture here.” [88]
A minimum wage is the lowest remuneration that employers can legally pay their employees—the price floor below which employees may not sell their labor. Most countries had introduced minimum wage legislation by the end of the 20th century. Because minimum wages increase the cost of labor, companies often try to avoid minimum wage laws by using gig workers, by moving labor to locations with lower or nonexistent minimum wages, or by automating job functions. Minimum wage policies can vary significantly between countries or even within a country, with different regions, sectors, or age groups having their own minimum wage rates. These variations are often influenced by factors such as the cost of living, regional economic conditions, and industry-specific factors.
Public Interest Research Groups (PIRGs) are a federation of U.S. and Canadian non-profit organizations that employ grassroots organizing and direct advocacy on issues such as consumer protection, public health and transportation. The PIRGs are closely affiliated with the Fund for the Public Interest, which conducts fundraising and canvassing on their behalf.
Goodwill Industries International Inc., or simply Goodwill, is an American business that provides job training, employment placement services and other community-based programs for people who face barriers in their employment.
Berman and Company is a Washington, D.C.–based public affairs and non-profit management firm founded by lawyer and former lobbyist Richard Berman. In addition to its public relations clients, Berman and Company runs several industry-funded non-profit organizations such as the Center for Consumer Freedom, the Center for Union Facts, and the Employment Policies Institute. The non-profits have worked on issues including obesity, health care, food safety, labor law, alcohol, and government regulation. The firm is known for campaigns that include aggressive advertising, opposition research, and online communications.
The Center for Science in the Public Interest (CSPI) is a Washington, D.C.–based non-profit watchdog and consumer advocacy group that advocates for safer and healthier foods.
The Humane Society of the United States (HSUS) is an American nonprofit organization that focuses on animal welfare and opposes animal-related cruelties of national scope. It uses strategies that are beyond the abilities of local organizations. It works on issues including pets, wildlife, farm animals, horses and other equines, and animals used in research, testing and education. As of 2001, the group's major campaigns targeted factory farming, hunting, the fur trade, puppy mills, and wildlife abuse.
The Organic Consumers Association (OCA) is a non-profit advocacy group for the organic agriculture industry based in Minnesota. It was founded by Ronnie Cummins and Rose Welch, a married couple. The organization's members include subscribers to their online newsletters, volunteers, supporters, and retail outlets. The organization seeks to influence public opinion on a variety of issues, such as campaigning for GMO labeling, by its own advocacy campaigns and providing funds to other groups and individuals whose goals align with the organization's members, such as US Right to Know (USRTK), of which the association is the sole major sponsor.
The Center for Union Facts (CUF) is an American interest group that is critical of labor unions. It is one of several advocacy and public relations groups founded by Richard Berman, whose Washington, D.C.–based public affairs firm, Berman and Company, specializes in research, communications and advertising. The Washington Post describes CUF as "part of a constellation of nonprofit groups Berman created to carry out corporate messages."
The National Restaurant Association is a restaurant industry business association in the United States, representing more than 380,000 restaurant locations. It also operates the National Restaurant Association Educational Foundation. The association was founded in 1919 and is headquartered in Washington, D.C.
Cause marketing is marketing done by a for-profit business that seeks to both increase profits and to better society in accordance with corporate social responsibility, such as by including activist messages in advertising.
Wayne Pacelle is an American animal rights and animal welfare activist, non-profit businessperson and author. Two of his books have been New York Times best-sellers.
Mark Hamilton Schauer is an American politician who served as a U.S. representative for Michigan's 7th congressional district from 2009 to 2011.
In the United States, the minimum wage is set by U.S. labor law and a range of state and local laws. The first federal minimum wage was instituted in the National Industrial Recovery Act of 1933, signed into law by President Franklin D. Roosevelt, but later found to be unconstitutional. In 1938, the Fair Labor Standards Act established it at 25¢ an hour. Its purchasing power peaked in 1968, at $1.60. In 2009, Congress increased it to $7.25 per hour with the Fair Minimum Wage Act of 2007.
The Employment Policies Institute is a fiscally conservative, non-profit American think tank that conducts and publishes research on employment issues, particularly aimed towards reducing the minimum wage. It was established in 1991 by Richard Berman, and it has been described as "a nonprofit research group that studies issues of entry-level employment."
The Restaurant Opportunities Centers United (ROC) is a not-for-profit organization and worker center with affiliates in a number of cities across the United States. Its mission is to improve wages and working conditions for the nation's low wage restaurant workforce. Its tactics and strategy have drawn fire from business groups and restaurant industry lobbyists.
The Fight for $15 is an American political movement advocating for the minimum wage to be raised to USD$15 per hour. The federal minimum wage was last set at $7.25 per hour in 2009. The movement has involved strikes by child care, home healthcare, airport, gas station, convenience store, and fast food workers for increased wages and the right to form a labor union. The "Fight for $15" movement started in 2012, in response to workers' inability to cover their costs on such a low salary, as well as the stressful work conditions of many of the service jobs which pay the minimum wage.
The Center for Organizational Research and Education (CORE), formerly the Center for Consumer Freedom (CCF) and prior to that the Guest Choice Network, is an American non-profit entity founded by Richard Berman. It describes itself as "dedicated to protecting consumer choices and promoting common sense."
New York Communities for Change (NYCC) is a 501(c)(4) nonprofit focused on "building power for low and moderate-income communities in New York State". Issues described on the organization's website include affordable housing, worker and immigrant rights, improving public education, Wall Street accountability, and green energy.
Animal Charity Evaluators (ACE), formerly known as Effective Animal Activism (EAA), is a US-based charity evaluator and effective altruism-focused nonprofit founded in 2012. ACE evaluates animal charities and compares the effectiveness of their different campaigns and strategies. The organization makes charity recommendations to donors once a year. Its stated purpose is finding and promoting the most effective ways to help animals.
One Fair Wage is a nonprofit non-governmental organization in the United States that is led by Saru Jayaraman for restaurant workers to end the sub-minimum wage for tip workers who make less than the minimum wage before tips.
The page-long entry details an encounter with a fellow Transylvania student, Richard Berman...."he remembers Betty as a very nice girl, but that it was such a long time ago that he remembers very little more than that."
Six nonprofits provide as much as 70 percent of revenues for Berman and Company. Many of the groups' board members are current and former employees of the company.
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: CS1 maint: multiple names: authors list (link)[CCF] submitted a complaint saying the Humane Society violated IRS rules by listing as contributions the $17.7 million value of air time for its public service announcements to promote pet adoption.
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: CS1 maint: multiple names: authors list (link)