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
Multiple data types are pouring into IoT deployments. Data is coming in small packages as well as enormous files and data streams of many sizes. Widespread use of mobile devices adds to the total. In this power panel at @ThingsExpo, moderated by Conference Chair Roger Strukhoff, panelists will look at the tools and environments that are being put to use in IoT deployments, as well as the team skills a modern enterprise IT shop needs to keep things running, get a handle on all this data, and deli...
SYS-CON Events announced today that SoftLayer, an IBM Company, has been named “Gold Sponsor” of SYS-CON's 18th Cloud Expo, which will take place on June 7-9, 2016, at the Javits Center in New York, New York. SoftLayer, an IBM Company, provides cloud infrastructure as a service from a growing number of data centers and network points of presence around the world. SoftLayer’s customers range from Web startups to global enterprises.
Regardless of what business you’re in, it’s increasingly a software-driven business. Consumers’ rising expectations for connected digital and physical experiences are driving what some are calling the "Customer Experience Challenge.” In his session at @DevOpsSummit at 20th Cloud Expo, Marco Morales, Director of Global Solutions at CollabNet, will discuss how organizations are increasingly adopting a discipline of Value Stream Mapping to ensure that the software they are producing is poised to ...
You know you need the cloud, but you’re hesitant to simply dump everything at Amazon since you know that not all workloads are suitable for cloud. You know that you want the kind of ease of use and scalability that you get with public cloud, but your applications are architected in a way that makes the public cloud a non-starter. You’re looking at private cloud solutions based on hyperconverged infrastructure, but you’re concerned with the limits inherent in those technologies.
IBM helps FinTechs and financial services companies build and monetize cognitive-enabled financial services apps quickly and at scale. Hosted on IBM Bluemix, IBM’s platform builds in customer insights, regulatory compliance analytics and security to help reduce development time and testing. In his session at 20th Cloud Expo, Tom Eck, Industry Platforms CTO at IBM Cloud, will discuss how these tools simplify the time-consuming tasks of selection, mapping and data integration, allowing developer...
For financial firms, the cloud is going to increasingly become a crucial part of dealing with customers over the next five years and beyond, particularly with the growing use and acceptance of virtual currencies. There are new data storage paradigms on the horizon that will deliver secure solutions for storing and moving sensitive financial data around the world without touching terrestrial networks. In his session at 20th Cloud Expo, Cliff Beek, President of Cloud Constellation Corporation, ...
In order to meet the rapidly changing demands of today’s customers, companies are continually forced to redefine their business strategies in order to meet these needs, stay relevant and continue to see profitable growth. IoT deployment and development is integral in this transformation, and today businesses are increasingly seeing the value of investing their resources into IoT deployments. These technologies are able increase ROI through projects such as connecting supply chains or enabling sm...
Interested in leveling up on your Cloud Foundry skills? Join IBM for Cloud Foundry Days on June 7 at Cloud Expo New York at the Javits Center in New York City. Cloud Foundry Days is a free half day educational conference and networking event. Come find out why Cloud Foundry is the industry's fastest-growing and most adopted cloud application platform.
With major technology companies and startups seriously embracing Cloud strategies, now is the perfect time to attend @CloudExpo | @ThingsExpo, June 6-8, 2017, at the Javits Center in New York City, NY and October 31 - November 2, 2017, Santa Clara Convention Center, CA. Learn what is going on, contribute to the discussions, and ensure that your enterprise is on the right path to Digital Transformation.
Five years ago development was seen as a dead-end career, now it’s anything but – with an explosion in mobile and IoT initiatives increasing the demand for skilled engineers. But apart from having a ready supply of great coders, what constitutes true ‘DevOps Royalty’? It’ll be the ability to craft resilient architectures, supportability, security everywhere across the software lifecycle. In his keynote at @DevOpsSummit at 20th Cloud Expo, Jeffrey Scheaffer, GM and SVP, Continuous Delivery Busine...
SYS-CON Events announced today that delaPlex will exhibit at SYS-CON's @CloudExpo, which will take place on June 6-8, 2017, at the Javits Center in New York City, NY. delaPlex pioneered Software Development as a Service (SDaaS), which provides scalable resources to build, test, and deploy software. It’s a fast and more reliable way to develop a new product or expand your in-house team.
SYS-CON Events announced today that EARP Integration will exhibit at 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. EARP Integration is a passionate software house. Since its inception in 2009 the company successfully delivers smart solutions for cities and factories that start their digital transformation. EARP provides bespoke solutions like, for example, advanced enterprise portals, business intelligence systems an...
Amazon started as an online bookseller 20 years ago. Since then, it has evolved into a technology juggernaut that has disrupted multiple markets and industries and touches many aspects of our lives. It is a relentless technology and business model innovator driving disruption throughout numerous ecosystems. Amazon’s AWS revenues alone are approaching $16B a year making it one of the largest IT companies in the world. With dominant offerings in Cloud, IoT, eCommerce, Big Data, AI, Digital Assis...
SYS-CON Events announced today that delaPlex will exhibit at SYS-CON's @ThingsExpo, which will take place on June 6-8, 2017, at the Javits Center in New York City, NY. delaPlex pioneered Software Development as a Service (SDaaS), which provides scalable resources to build, test, and deploy software. It’s a fast and more reliable way to develop a new product or expand your in-house team.
SYS-CON Events announced today that Carbonite will exhibit at 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. Carbonite protects your entire IT footprint with the right level of protection for each workload, ensuring lower costs and dependable solutions with DoubleTake and Evault.