Welcome!

News Feed Item

Changing the Odds in Litigation



Tom Bell and Tom Henefer of Stevens & Lee, a law firm attending the marcus evans Chief Litigation Officer Summit Fall 2014, on early case assessment and building the right team to handle it

NEW YORK, NY, Aug 24, 2014 - (ACN Newswire) - When facing litigation threats, be ready, be proactive and be armed with the right team. That is the advice offered by Tom Bell and Tom Henefer, members of the Commercial Litigation Department at Stevens & Lee, both of whom stress that Chief Litigation Officers (CLOs) must have a disciplined approach to early case assessment and must deal with events proactively before they blossom into actual litigation.

Stevens & Lee is a law firm at the marcus evans Chief Litigation Officer Summit Fall 2014, in Palm Beach, Florida, September 14-16.

- How could organizations improve their process for early case assessment? Why should they?

Henefer: A disciplined and effective approach to early case assessment is critical in commercial litigation. Discipline means having a process that requires case assessment at defined milestones in the life of a case. Effective means building the right team that can bring to bear the required objectivity and expertise (often including non-attorney experts in relevant fields). CLOs should focus on early case assessment because it helps identify cases that should be resolved early and successful strategies for cases that cannot be settled. Haphazard efforts invariably increase the odds of flawed case assessment. And, improper assessment can commit the company to protracted litigation where the only guarantee is litigation cost and risk. Building the right team to assess litigation risk early, effectively and routinely as the case progresses is critical.

- What is the "right team"?

Henefer: In all cases, the team should include sophisticated Litigation Counsel who understand the industry or issues in question and can assess the facts and risks presented. But a multidisciplinary team is often critical. Such teams may include industry experts as well as financial analysts who can begin to model the possible damages sooner rather than later.

- What threats should CLOs protect their organizations from? What goes undetected?

Bell: Ironically, one of the biggest undetected threats is the routine use of contractual arbitration provisions in inappropriate contexts. Even sophisticated business clients often include these provisions with the mistaken belief that arbitration is always a good thing. Arbitration may be good for certain situations (like consumer contracts), but is rarely good for complex commercial transactions.

First, for commercial litigation, arbitration is often just as, if not more, expensive than traditional litigation in court. Second, in traditional litigation, summary judgment is often an effective way to limit costs and reduce the risk of aberrant results. But in arbitration, you almost never have a meaningful opportunity for summary judgment. Third, because it is difficult to successfully appeal arbitration awards, arbitrators are more likely to render decisions they think are correct even if not in accordance with law. Arbitration makes it harder, not easier, to accurately assess your litigation risk.

- How can CLOs change the odds in litigation?

Bell: Being ready and proactive is critical. Even before an event that could lead to litigation occurs, there should be policies and procedures in place to properly respond to events that may give rise to a claim. When events occur and CLOs (or their teams) are engaged, company responses to events can be monitored to ensure both that proper steps are taken and that those steps are documented so favorable evidence can be preserved and later used in litigation if necessary. A proactive response can minimize the risk that the event will turn into litigation and, if litigation is inevitable, will put the company in a better position to defend.

About the Chief Litigation Officer Summit Fall 2014

The 14th Chief Litigation Officer Summit is the premium forum for bringing leading in-house litigation counsel across the nation together with service providers. Taking place at the Eau Palm Beach Resort & Spa, Palm Beach, Florida, September 14-16, 2014, the Summit includes presentations on privacy and social media, alternative approaches in litigation, outside counsel management, and making the law department into a profit center.

For more information, please send an email to [email protected] or visit the event website at www.chieflitigationofficersummit.com/TomBellTomHeneferInterview

marcus evans group - legal sector portal -
www.marcusevans.com/reviews/legal

The Legal Network - marcus evans Summits group delivers peer-to-peer information on strategic matters, professional trends and breakthrough innovations.

- LinkedIn: www.linkedin.com/groups?gid=3676301&trk=hb_side_g
- YouTube: www.youtube.com/MarcusEvansLegal
- Twitter: www.twitter.com/meSummitsLegal
- SlideShare: www.slideshare.net/MarcusEvansLegal

Please note that the Summit is a closed business event and the number of participants strictly limited.

About Stevens & Lee

Among the 200 largest law firms in the nation, Stevens & Lee is an industry-focused law firm providing clients with cost-effective solutions, alternative fee arrangements and innovative risk-sharing engagements.

Stevens & Lee is part of Stevens & Lee/Griffin, a professional services platform comprised of 220 multidisciplinary professionals, including 170 lawyers, with diverse occupational experience, educational backgrounds and industry expertise. The platform provides a complete range of legal, investment banking, financial advisory, government affairs, crisis management, risk management and other professional services to our clients. Please visit www.stevenslee.com.

About marcus evans Summits

marcus evans Summits are high level business forums for the world's leading decision-makers to meet, learn and discuss strategies and solutions. Held at exclusive locations around the world, these events provide attendees with a unique opportunity to individually tailor their schedules of keynote presentations, think tanks, seminars and one-on-one business meetings. For more information, please visit www.marcusevans.com.

- Twitter: www.twitter.com/meSummitsGlobal
- YouTube: www.youtube.com/user/MarcusEvansGroup
- SlideShare: www.slideshare.net/MarcusEvansSummits

Source: marcus evans Summits

Contact:
Sarin Kouyoumdjian-Gurunlian
Press Manager, marcus evans, Summits Division
Tel: +357 22 849 313
Email: [email protected]




Copyright 2014 ACN Newswire. All rights reserved.

More Stories By ACN Newswire

Copyright 2008 ACN Newswire. All rights reserved. Republication or redistribution of ACN Newswire content is expressly prohibited without the prior written consent of ACN Newswire. ACN Newswire shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon.

Latest Stories
In their general session at 16th Cloud Expo, Michael Piccininni, Global Account Manager - Cloud SP at EMC Corporation, and Mike Dietze, Regional Director at Windstream Hosted Solutions, reviewed next generation cloud services, including the Windstream-EMC Tier Storage solutions, and discussed how to increase efficiencies, improve service delivery and enhance corporate cloud solution development. Michael Piccininni is Global Account Manager – Cloud SP at EMC Corporation. He has been engaged in t...
With major technology companies and startups seriously embracing IoT strategies, now is the perfect time to attend @ThingsExpo 2016 in New York. Learn what is going on, contribute to the discussions, and ensure that your enterprise is as "IoT-Ready" as it can be! Internet of @ThingsExpo, taking place June 6-8, 2017, at the Javits Center in New York City, New York, is co-located with 20th Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry p...
@DevOpsSummit at Cloud taking place June 6-8, 2017, at Javits Center, New York City, is co-located with the 20th International Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry players in the world. The widespread success of cloud computing is driving the DevOps revolution in enterprise IT. Now as never before, development teams must communicate and collaborate in a dynamic, 24/7/365 environment. There is no time to wait for long developm...
"LinearHub provides smart video conferencing, which is the Roundee service, and we archive all the video conferences and we also provide the transcript," stated Sunghyuk Kim, CEO of LinearHub, in this SYS-CON.tv interview at @ThingsExpo, held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA.
A look across the tech landscape at the disruptive technologies that are increasing in prominence and speculate as to which will be most impactful for communications – namely, AI and Cloud Computing. In his session at 20th Cloud Expo, Curtis Peterson, VP of Operations at RingCentral, will highlight the current challenges of these transformative technologies and share strategies for preparing your organization for these changes. This “view from the top” will outline the latest trends and developm...
Things are changing so quickly in IoT that it would take a wizard to predict which ecosystem will gain the most traction. In order for IoT to reach its potential, smart devices must be able to work together. Today, there are a slew of interoperability standards being promoted by big names to make this happen: HomeKit, Brillo and Alljoyn. In his session at @ThingsExpo, Adam Justice, vice president and general manager of Grid Connect, will review what happens when smart devices don’t work togethe...
When you focus on a journey from up-close, you look at your own technical and cultural history and how you changed it for the benefit of the customer. This was our starting point: too many integration issues, 13 SWP days and very long cycles. It was evident that in this fast-paced industry we could no longer afford this reality. We needed something that would take us beyond reducing the development lifecycles, CI and Agile methodologies. We made a fundamental difference, even changed our culture...
The 20th International Cloud Expo has announced that its Call for Papers is open. Cloud Expo, to be held June 6-8, 2017, at the Javits Center in New York City, brings together Cloud Computing, Big Data, Internet of Things, DevOps, Containers, Microservices and WebRTC to one location. With cloud computing driving a higher percentage of enterprise IT budgets every year, it becomes increasingly important to plant your flag in this fast-expanding business opportunity. Submit your speaking proposal ...
@DevOpsSummit taking place June 6-8, 2017 at Javits Center, New York City, is co-located with the 20th International Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry players in the world. @DevOpsSummit at Cloud Expo New York Call for Papers is now open.
In his General Session at 16th Cloud Expo, David Shacochis, host of The Hybrid IT Files podcast and Vice President at CenturyLink, investigated three key trends of the “gigabit economy" though the story of a Fortune 500 communications company in transformation. Narrating how multi-modal hybrid IT, service automation, and agile delivery all intersect, he will cover the role of storytelling and empathy in achieving strategic alignment between the enterprise and its information technology.
"There's a growing demand from users for things to be faster. When you think about all the transactions or interactions users will have with your product and everything that is between those transactions and interactions - what drives us at Catchpoint Systems is the idea to measure that and to analyze it," explained Leo Vasiliou, Director of Web Performance Engineering at Catchpoint Systems, in this SYS-CON.tv interview at 18th Cloud Expo, held June 7-9, 2016, at the Javits Center in New York Ci...
"Avere Systems is a hybrid cloud solution provider. We have customers that want to use cloud storage and we have customers that want to take advantage of cloud compute," explained Rebecca Thompson, VP of Marketing at Avere Systems, in this SYS-CON.tv interview at 18th Cloud Expo, held June 7-9, 2016, at the Javits Center in New York City, NY.
SYS-CON Events announced today that Dataloop.IO, an innovator in cloud IT-monitoring whose products help organizations save time and money, has been named “Bronze Sponsor” of SYS-CON's 20th International Cloud Expo®, which will take place on June 6-8, 2017, at the Javits Center in New York City, NY. Dataloop.IO is an emerging software company on the cutting edge of major IT-infrastructure trends including cloud computing and microservices. The company, founded in the UK but now based in San Fran...
Discover top technologies and tools all under one roof at April 24–28, 2017, at the Westin San Diego in San Diego, CA. Explore the Mobile Dev + Test and IoT Dev + Test Expo and enjoy all of these unique opportunities: The latest solutions, technologies, and tools in mobile or IoT software development and testing. Meet one-on-one with representatives from some of today's most innovative organizations
20th Cloud Expo, taking place June 6-8, 2017, at the Javits Center in New York City, NY, will feature technical sessions from a rock star conference faculty and the leading industry players in the world. Cloud computing is now being embraced by a majority of enterprises of all sizes. Yesterday's debate about public vs. private has transformed into the reality of hybrid cloud: a recent survey shows that 74% of enterprises have a hybrid cloud strategy.