David Diaz, Executive, Davenport Laroche

A week after some errant comments about Halloween costumes cost her an eponymous show, Megyn Kelly is out at NBC News. And, based on the current war of words, her exit hasn’t been  pretty, either for the anchor or the network.

From a PR standpoint, after several days of headlines and opinions about Kelly’s comments regarding “blackface” Halloween costumes, the substance of the conversation now is leaning more toward an increasingly contentious exit plan. And, in an interesting move, Kelly’s representation is openly discussing negotiations in public. 

Brian Freedman, Kelly’s attorney, came out in force recently, criticizing Andy Lack, Chairman of NBC News, and accusing Lack of “leaking” information about the exit negotiations to the press. Freedman followed this rhetorical shot across the bow by calling out all of NBC News for the company’s handling of the situation:

“Despite my efforts to handle this process confidentially, NBC News is allowing the media to run with completely false and irresponsible reports that disparage Megyn by erroneously claiming she has ever asked for more money than her contract requires… If NBC News is not the source then they have a responsibility as a news division to correct these false claims. Or are they somehow attempting to use these fabrications for some fictitious advantage in the discussions we're having? My hope would be that (NBCUniversal CEO) Steve Burke can step in and not permit blatant lies about our discussions to remain uncorrected.”

It’s an interesting messaging tactic, putting NBC in the place of respondent to a direct challenge of indiscretion during a tense negotiation. And NBC was not about to back down, accusing Freedman of doing exactly what he said they were doing.

“Unlike Mr. Freedman, who has repeatedly commented to the media throughout the negotiations, we respect the confidentiality of the process, and will have no comment until it reaches its conclusion.”

No comment… except, here’s our comments... 

Just like that, NBC was able to vie for the high ground, putting Freedman in the spot of looking like the instigator in this situation. Meanwhile, web-based entertainment tabloids continue to publish “anonymous” reports that Kelly wants more of an exit fee than NBC is willing to pay.

Freedman called the reports “untrue” and doubled down on his accusations of NBC leaking the these comments: “Clearly NBC planted (the information) to continue its mission to harm Megyn and gain some sort of leverage…”

What’s clear to everyone watching is that, while both sides are calling for more discretion, both are also content to have their side litigated in the media at the same time. What’s not clear is how Kelly’s brand will fare after this fiasco. She left Fox on rough terms and has apparently worn out her welcome at the competition… so, where does she go from here?