Best practices for surviving bet-the-company litigation

When facing lawsuits that could bring down a company, preparation is key

For more expert tips on handling complex, bet-the-company litigation, click here.

It’s every general counsel’s worst nightmare: lawsuits that threaten the very existence of the company. So-called bet-the-company litigation can involve millions or billions of dollars and can assume various forms, whether it involves securities, antitrust, intellectual property, product liability or another area of law. When facing complex, high-stakes litigation, it’s essential for GCs to be prepared. So they often turn to top bet-the-company litigation experts for tips and strategies for effectively defending companies from potentially devastating suits.

“In bet-the-company litigation, except in the rare case in which a very prompt resolution is possible and desirable, an essential priority is to investigate the underlying facts thoroughly and critically, and to identify both strengths and weaknesses of the company’s position,” Himeles says. “Only with that knowledge is it possible to develop factual themes and legal theories that enhance the strengths and mitigate the weaknesses, and to design and execute an intelligent strategy.”

It’s also often the case in bet-the-company litigation that teams are managing multiple cases and investigations at once. That’s why organization and good communication is crucial.

Ashley Post

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