Bet-the-company litigation often entails multiple cases and investigations that in-house counsel must juggle simultaneously. InsideCounsel asked Zuckerman Spaeder Partner Martin Himeles, an expert in bet-the-company litigation, for tips about effectively managing complexities. Following are his insights.
1. Don’t spread yourself too thin. Parallel proceedings present challenges that are among the most difficult in complex litigation. Civil and administrative litigation that occurs simultaneously—and even worse, civil or administrative litigation during a grand jury investigation or criminal proceeding—may force a company to choose between pursuing its interests in one proceeding and prejudicing them in another. These hazards are increasingly common in an era of increasing criminalization of regulatory conduct and are present in most high-stakes litigation in heavily regulated industries.