Ea

rly

Ca

se

In

ve

stig

atio

n

an

d A

na

lys

is

Pres

ent

ed b

y:

LeeA

nn Jo

nes

Jay

Patt

on

Mic

hele

L. S

tum

pe

1994

Tom Sager (G

C of Litigatio

n) 

implem

ented a form

al m

anagem

ent 

process for investigating and assessing 

cases e

arly in

 the litigation: Early Case 

Assessmen

t (ECA).

His

to

ry o

f Ea

rly

Ca

se A

sses

smen

t

1992

DuPo

nt Legal M

odel establishe

d ‐

Desig

ned to im

pose an ob

ligation on

 Du

Pont’s legal cou

nsel to

 develop

 clear 

metho

ds and

 procedu

res to save time and 

mon

ey while m

aintaining

 or improving the 

quality

 of the

 legal services. 

Valu

e o

f Ea

rly

Ca

se A

sses

smen

t

“ECA

 metho

dology has been a cornerston

eof 

DuPo

nt’s success in redu

cing

 its d

ocket, its legal 

defense bu

dget and

 in re

aching

 faster and

 better 

resolutio

n of lawsuits.”

“The

 key

to su

ccessful litigation managem

ent is 

increased bu

siness d

iscipline applied to legal 

matters . . . ECA

 is a lynchp

in to

 that business 

discipline.”

‐Tom

 Sager, Sen

ior V

ice Presiden

t and

 Gen

eral Cou

nsel

DuPo

nt Legal M

odel web

site at dup

ontle

galm

odel.com

Highe

r Co

mpa

ny 

Satisfaction

Faster Cycle 

Times 

DuP

ont w

ante

d to

qua

ntify

the

valu

e of

EC

A a

nd p

rocu

red

an in

depe

nden

t ev

alua

tion

utili

zing

the

Six

Sigm

a qu

ality

initi

ativ

e.-T

his s

tudy

was

ver

ified

by

Del

oitt

e.

28% 

Average

Redu

ction 

in Legal 

Costs

Lower 

Plaintiff 

Payouts

Wh

at

is

Early

Ca

se A

sses

smen

t a

nd

H

ow

is

it Im

plem

ent

ed?

‐Joh

n DeG

roote

Settlement P

erspectives blog and 

DuPo

ntlegalm

odel.com

“The

 app

lication of business d

iscipline to 

create

a proactive case m

anagem

ent 

approach designe

d to assem

ble, with

in 

60‐120

 days, eno

ugh of th

e facts, law, and

 othe

r information relevant to

 a disp

ute to 

evalua

tethe matter, de

velopa 

compreh

ensiv

e litigation strategy, and

 form

ulatea settlement p

lan if 

approp

riate.”

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Evaluatio

nandCase

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entR

eports‐G

reat

impe

tustogetstarted

•E‐DiscoveryProviders

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exis

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AnalysisRe

source

Center

•TotalLitigator

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t•

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ationHistory

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esses

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are)

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onne

ctingcriticalcaseinform

ationlikekeyfacts,

witn

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issue

s,legalresearch,case

chrono

logies,de

positions,

summaries,etc.

Early

Ca

se A

sses

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t a

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m

an

ag

emen

t T

oo

ls

Init

ial

Fac

t In

ves

tig

at

ion

: Summary, Plaintiff’s Position

, Tim

eline, W

itness L

ist, Key Docum

ent ‐

Eviden

ce 

Review

, Site

 Visit/Interviews

Ass

ess

Ca

se V

alu

e:

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ortio

nmen

t, Opp

onent a

nd Ven

ue

Dev

elo

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ver

vie

w:

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itnesses a

nd Docum

ents to

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nships to

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tify Ho

les

Ass

ess

Set

tle

men

t V

alu

e:Evaluate Tim

e and Expe

nse, Likelihoo

d of Early Success, Estim

ate Co

sts, W

eigh

 The

se 

Factors w

ith Likelihoo

d of Ultimate Success

Iden

tif

y R

isks:

Iden

tify and Summarize

 Procedu

ral/ Legal Issue

s, Organize

 Stren

gths and

 Weaknesses

Dev

elo

p St

rat

egy:

Bring it All Togethe

r into an

 Overall Case Strategy for D

iscovery, Settle

ment a

nd Tria

l

Early

Ca

se A

sses

smen

t C

hec

kli

st

Impl

emen

tatio

n o

f t

he

ECA

•ManagetheProcess

•Iden

tifytheTeam

:Insure

that

lowestcost,mostcapablepe

rson

ishand

lingthetask

(paralegalsvs.associatesvs.leadattorney)

•FocustheTeam

:Prim

arygoal

isto

cond

uctan

OBJEC

TIVE

evaluatio

n,no

tto

plan

oursid

eof

thecase

(thatwillcomelaterbasedup

onthe

objectiveeviden

ce)

•Assig

nTasks:Each

team

mem

bersho

uldhave

aclearu

nderstanding

ofhis/he

rroleandde

adlines

toavoiddu

plicationof

effort

•MakeTimeTo

ThinkThroughtheToughIssues

•Prep

areLike

There’sa

FocusG

roup

:Forcesu

stoorganize

factsa

ndlaw

into

logicalargumen

ts,evaluate

eviden

cefrom

both

sides,address

weaknesses

Better Business R

esults

Less com

pany

 time spen

tMore accurate bud

get

May discover issue

s tha

t will help 

the compa

ny avoid fu

ture litig

ation

Better Settle

men

ts

Know

 whe

n to seek settlemen

t discussion

s and

 wha

t to focus o

nMore confiden

ce 

Better prepa

red for m

ediatio

n

More Disciplined

 Case Man

agem

ent

Iden

tify areas n

ot worth pursuing

Determine early

 if expert is n

eede

dEn

hances credibility with

 witn

esses 

and op

posing

 cou

nsel

                 

Better and

 Low

er Cost D

iscovery

Know

 wha

t to ask for a

ndwha

t to avoid                                         

Tailo

r discovery to

 reveal 

weakn

esses

More efficient interviews 

Stipulations

Ben

efit

sT

horo

ugh

Earl

y C

ase

Ass

essm

ent

“If you

 and

 the othe

r side 

value the case differently, at 

least o

ne of you

 is wrong. 

Your jo

bis to m

ake sure it 

isn’t you.”

‐Foy

 Devine

Taylor English Du

ma LLP

Better Case 

Man

agem

ent

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Settlemen

ts

Better 

Overall 

Results

Whe

ther

the

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re O

bvio

us o

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rly

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e A

sses

smen

ts H

ave

Been

Prov

en to

Dri

ve:

than

k yo

u

LEEA

NN

JON

ES

678.33

6.71

67ljone

s@tayloren

glish

.com

Education

J.D., University

 of G

eorgia, m

agna

 cum laud

e, Order of B

arristers, 198

6

A.B., U

niversity

 of G

eorgia, m

agna

 cum laud

e, Phi Beta Kapp

a, 198

3

Civil M

ediatio

n Training

 and

 Skills 

Practicum

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nning Med

iatio

n, 201

2

LeeA

nnJone

sisamem

berof

Taylor

English

’sLitig

ationandDisputeRe

solutio

nGroup

.She

isatrial

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morethan

25years'expe

riencehand

lingawidevarie

tyof

complex

litigationmatters

infede

raland

state

courts

and

arbitration

proceedings.

Ms.

Jone

shassuccessfully

represen

ted

companies

involved

incommercial,p

ersonalinjury,prod

uctliability,andph

armaceu

ticalandmed

ical

device

litigationandconsum

erclassactio

ns.H

erpracticeisnatio

nalinscop

e.Shehashand

ledcases

inmorethan

20diffe

rent

states,w

ithsubstantialexperiencethrougho

utGeo

rgiaandtheSouthe

ast.

Ms.Jone

s’casesfreq

uentlyinvolvecomplex

technical,scientific,andmed

icalissue

s.Sheparticularly

enjoys

learning

abou

tallaspe

ctsof

herclients’

busin

essesand

prod

ucts

tohe

lpthem

resolve

litigationchallenges

andachievetheirbu

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jectives.S

hehasworkedextensivelywith

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awide

range

offie

ldsand

excels

atmasterin

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orde

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tside

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andothe

rlegalchallenges

toexclud

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rclients.

Ms.

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shasde

velope

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ndregion

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assist

clientsin

efficientlymanagingandcoordinatin

gdiscoveryandlitigation.

Herexpe

riencein

thisarea

includ

esservingas

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alandnatio

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selfor

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asnatio

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claimsinvolving

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0manufacturin

gclient,and

leadinganatio

naldisc

overycoordinatio

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fora

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nalretailer.

Ms.

Jone

shasrepresen

tedcompanies

asbo

thplaintiffsandde

fend

ants

inavarie

tyof

complex

commercial,fin

ancial

institu

tion,

and

busin

esslitigation

matters,includ

ingclaimsforbreach

ofcontract,lend

erliability,

busin

esstorts,

fraud,

RICO

,wrongfulforeclosure,

and

othe

rbu

siness

disputes.She

also

isamed

iatorregistered

with

theGeo

rgiaOffice

ofDisputeRe

solutio

n.

JAY

PAT

TON

678.33

6.72

05jpatton@

tayloren

glish

.com

Education

J.D., University

 of G

eorgia Schoo

l of 

Law, cum

 laud

e, 199

6

B.A., State University

 of N

ew York at 

Osw

ego, cum

 laud

e, 199

3

JayPatton

isalitigator,h

andlingcomplex

casesforb

usinessesandinsurancecarriers.H

eisalso

Chair

oftheProd

uctLiabilityLawSectionof

theStateBa

rofG

eorgia.

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Patton

hassig

nificantexpe

riencerepresen

tingclientsin

busin

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essdisputes,and

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ingclientsin

gene

ralliabilityandprod

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multip

lejurisdictions.H

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sinclud

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orkandachieves

exceptionalresults.A

fewexam

ples

includ

e:

•Managingnatio

nala

ndregion

alde

fenseprogramsacross

multip

lejurisdictions

forlargenatio

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companies

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asSenior

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sela

tGeo

rgia‐PacificLLC.

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that,Mr.

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practiced

asapartne

rwith

thelaw

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veLLP(fo

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Powell

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&Sm

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MIC

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UM

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678.33

6.71

60mstum

pe@tayloren

glish

.com

Education

J.D., University

 of Sou

th Carolina 

Scho

ol of Law

, 199

3

B.F.A., U

niversity

 of Florid

a, 199

0

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leStum

peisaseason

edlitigator

who

sepracticeconcen

trates

onprem

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notincourt,Ms.Stum

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yprovidingcoun

selonprem

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rgiaAssociationof

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lSales

&ServiceWorksho

ps(RAS

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pede

velope

dwereso

wellreceived

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isite

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tsbo

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alsandcorporations

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rallitigationmatters.

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shewon

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gligen

tsecurity

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tpracticinglaw,Stum

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travelsto

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unde

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uscapacitie

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severalother

non‐profitorganizatio

ns.

  

Litigation: Effective use of early case assessment Checklist steps to developing your own personal ECA process

By Michele L. Stumpe, Jay Patton

February 6, 2014

Legal spend on litigation, through both indemnity and defense dollars, is constantly scrutinized by management. When approaching in-house legal on the topic, they often ask, “How do we manage these numbers better?” or “How do we get these numbers down without sacrificing results?” Development and consistent implementation of an early case assessment protocol is a solution that can be part of the answer to both questions.

What is early case assessment (ECA)? As a best practice, ECA applies business discipline to create a proactive case management approach designed to comprehensively investigate a dispute within the first 60 to 120 days in an effort to enable counsel to evaluate the matter, assess actual risk, and develop a comprehensive litigation strategy and settlement plan (if appropriate). Straight forward in concept, the development and implementation of an ECA protocol can be a challenge, particularly when dealing with multiple outside counsel. When done with regularity and consistency, however, many companies have seen proven results in the form of faster and better resolutions along with reductions in docket and legal defense costs.

Development of an ECA protocol is a collaborative process with input being sought from in-house colleagues, trusted outside counsel familiar with the dispute or type of dispute at issue, and others as needed. Although many aspects of the ECA are typically handled by outside counsel, it is important for in-house counsel to be involved in implementing and understanding the protocol, as it will enable in-house counsel to identify aspects that can be handled internally and to better manage and evaluate its outside counsel with respect to tasks assigned to them. A checklist of the anticipated steps to be taken in the ECA process can serve as a useful guide. The steps on that checklist should include:

1. Initial fact investigation: Upon first notice of a dispute, it is important to ascertain the who, what, when, why and how of the case, and to determine where there are gaps in information. Understanding the opposing party’s position as stated in any legal pleadings and demand letters, identifying key witnesses and evidence, conducting witness interviews, analyzing key evidence, determining whether there are any potential spoliation issues, and developing a dispute time line should be the target deliverables at this

  stage. Thoroughness and objectivity are critical because the facts identified here inform all other decisions moving forward.

2. Identify and organize issues: Consideration to both factual and procedural issues and their potential legal ramifications should be given at this point. Factual issues go to the core of the dispute. Evaluating the legal arguments (even to the point of looking at what substantive jury charges would be given on either side) puts one in a better position to evaluate the strengths and weaknesses of the available facts. This also helps to guide future planning of the case with respect to development of supporting evidence. One helpful exercise is to identify a top 5 list: the top 5 best and worst documents and witnesses for each side. This exercise will help focus the strategy of the case at later stages in the ECA process. Procedural issues (i.e. exhaustion of remedies, pre-suit notice, and jurisdiction) are also important to evaluate during this early phase of ECA, because many are time sensitive and have significant potential to affect overall strategy. Once identified, these issues should be prioritized for purposes of further research.

3. Prepare an overview: Preparing an overview of the facts and issues serves as base camp for assessing value and developing the ultimate strategy for moving forward. In terms of content, the overview is an organized correlation of the facts and evidence to the issues identified. This overview helps to identify gaps that either require further investigation and research, or the remaining gaps that simply need to be considered when assessing value and developing strategy.

4. Assess dispute value: Being able to intelligently assess the true value of a case as a whole is a key goal of the preceding steps. In this phase, consideration must be given not only to the strength of the legal and procedural arguments, but also to the actual damages sustained, the applicable laws on and availability of apportionment, the availability of exemplary damages, the capabilities of the opponent, and the venue.

5. Assess settlement value: This step often gets overlooked and lumped in with the assessment of dispute value. However, it is helpful to the development of the overall settlement strategy to separate these two and understand why settlement value is often very different than dispute value. In assessing settlement value, it is important to consider factors that have nothing to do with the value of the case itself. These factors will include, among other things, the time, expense and likelihood of success at various stages of the dispute (be it through procedural or factual application), the likelihood of ultimate success, and the impact a negative verdict might have on the company.

6. Develop strategy: With the facts, the law, and values in hand, both in-house and outside counsel will be in a position to make an informed decision regarding next steps. Having prioritized the factual and procedural issues, one can develop a comprehensive discovery plan that focuses on the core issues and eliminates waste associated with chasing tangential issues. At the same time, having assessed the overall dispute and settlement value of the case, one can also develop a settlement and trial plan that allows the company to make informed decisions regarding when to seek resolution and at what price point.

Consistent implementation and application of one’s ECA protocol is just as important as development of the protocol itself. When doing so, in-house counsel should consider the type and frequency of disputes for which the protocol is being developed, the capacity of the company’s current in-house team to manage

  portions of the protocol, and the capabilities of the company’s outside counsel assigned to implement the protocol. Accessibility to information, and the quality of that information should also be considered.

Whether portions of the protocol are being handled in-house or by outside counsel, the goal should be to establish all tasks needed to complete the assessment, and to clearly define team members’ roles while utilizing the lowest cost person who is most capable of handling certain tasks. Additionally, ensuring that all team members know the purpose of the protocol and have the capacity for completing the tasks assigned are critical to making the protocol performed as designed.

Fundamental to the success of an early case assessment is focused thoroughness (avoiding time spent chasing red herrings) and a commitment to the process. At the core of the process is a focus on objectivity. The entire team should be reminded that the goal is not to “plan” or “win” the case, that part comes later. Evaluating the facts and evidence objectively throughout the ECA process is what lays the groundwork for successful implementation of the litigation strategy. If developed and implemented properly, an ECA protocol can be an effective way to manage and, ultimately, reduce litigation driven legal spend.

Link to Article:

http://www.insidecounsel.com/2014/02/06/litigation‐effective‐use‐of‐early‐case‐assessment 

 

  

Litigation: 5 strategies and tactics to manage risk and reduce exposure A few pro-active measures for in-house counsel to consider

By Amy Burton Loggins, Jay Patton

January 23, 2014

Whether as a business advisor or a litigation manager, the value of in-house counsel is to guide their company clients through a multitude of legal obstacle courses, with the primary purpose of managing the legal risk while enabling the client to achieve its business goals. Part and parcel of that value is counsel’s ability to be proactive and prepared for risk as it arises. In the context of litigation, where risk can be realized in a very public manner through court orders and negative press, investing time to prepare themselves and the company to proactively (not reactively) manage the litigation process before litigation ensues is of the utmost importance. To do this effectively, in-house counsel should consider the following:

1. Data mapping. Every in-house counsel should know what information (data) the company and its employees have and where it is located. Emails and documents are the most common forms of data used by a company. Consideration, however, should also be given to data contained in instant messages, text messages, employee smartphones, employee hard drives, human resource documents, audit records and the various clouds used for storage or sharing by the company. Overwhelming? It can be to start, but in the end this intricate process and the knowledge gained through work with the company’s technology department and business units will serve in-house counsel well if and when the threat of litigation arises. Performed properly, there should be no more scrambling to determine the who, the where, the when and the how in the event litigation arises. That information will be readily available.

2. Records retention and management. Development and implementation of a records retention and management program should be the logical next step. With data identified, a records retention program serves as the starting point for determining what data is necessary (and what data is redundant/obsolete) for the ongoing operations of the company, both in terms of business and legal operations. Additionally, the program should define who within the company is responsible for the specific subsets of data identified during the mapping process. Along with the data map, the existence of a well-thought-out records retention policy that is adhered to by the company will make life much less complicated for in-house counsel and their internal clients when the time comes to secure the information needed to manage the company’s litigation risks.

3. Early assessment. When a dispute arises, the last thing a company (and counsel) should do is back-burner the dispute until it demands attention. Acting proactively to investigate and assess the company’s position through witness interviews and review of the relevant documents allows in-

  house counsel and their internal clients to assess and make informed decisions to better manage risk associated with the dispute. Additionally, and equally as important, early assessment (when properly performed) gives the company a head start in the dispute through identification of the witnesses, data, and documents that may be needed for the defense or prosecution of that suit. With the data map, counsel will easily navigate through the scores of information needed for an investigation.

4. Litigation hold processes. As a general rule, where litigation is reasonably anticipated, there is an obligation by the parties to that litigation to preserve information that is potentially relevant to that litigation. Development and implementation of a legal hold process will help the company meet that obligation by making sure that the company personnel with information that is potentially needed, or at issue, are on notice of the dispute and taking steps to preserve (and not destroy) that information, be it emails, documents, text messages, or otherwise. To ensure compliance, it is incumbent on in-house counsel to grab the reins on implementation and follow up with the personnel subject to the hold to make sure the hold is complied with and no spoliation occurs. Leaving the reins in the hands of several individuals across the business can be quite dangerous.

5. Protecting the attorney-client privilege. Importantly, the company and its employees need to be aware of what is protected by the attorney-client privilege. Not all discussions with in-house counsel are protected; however, those relating to legal claims against the company should absolutely be protected. In discussions with internal clients, in-house counsel should make clear that in light of the claim against the company, they need to be sure not to disclose any information that would result in the waiver of the privilege. As an added precaution, in-house counsel can go through an “Upjohn process” and then clearly label each appropriate communication with “ATTORNEY-CLIENT PRIVILEGED.”

In-house counsel are appointed to act as the trusted legal advisor for and to their company. A large part of that role is to ensure the company’s defenses are properly equipped for an attack during a dispute. By enacting a few pro-active measures, counsel can assure their internal clients that the company is ready to stand fast, manage the risks, and reduce exposure.

Link to Article:

http://www.insidecounsel.com/2014/01/23/litigation-5-strategies-and-tactics-to-manage-risk

 

 

 

 

 

  

Managing repetitive litigation: 5 tips to improve outcomes and reduce costs The decentralized nature of repetitive litigation presents inherent challenges and risks that can be costly

By LeeAnn Jones, Jay Patton

February 27, 2014

Companies in a variety of sectors may face repetitive litigation, which involves a number of cases, in multiple jurisdictions, arising out of a common factual core or common liability theories. These cases often feature common corporate documents, issues, and witnesses. Matters that are the subject of repetitive litigation may include product defect cases, general or premises liability matters, claims alleging negligent provision of services, claims for consumer fraud or violation of consumer protection statutes, or claims asserting other common law or statutory-based challenges to a company’s business practices. This type of litigation differs from mass tort actions involving a single product or catastrophic occurrence in that the nature of the alleged product defect, manner of injury, or other factual circumstances giving rise to repetitive claims typically are case-specific and the cases are not aggregated.

While the damages in each individual case may be less than the potential damages associated with mass tort claims, the decentralized nature of repetitive litigation presents inherent challenges and risks that can be costly. Plaintiff’s counsel will frequently bolster unfounded claims and increase the value of low-damage claims by exploiting inconsistencies in a company’s discovery responses, positions, or testimony in other similar cases, and may publicize decisions adverse to the company. The proliferation of communication technology, the use of social media, and the increased communication and collaboration within the 21st century plaintiff’s bar have magnified these risks.

The following tips may assist in-house counsel in more effectively managing their company’s repetitive litigation portfolio to reduce overall liability exposure, control costs, and free up time to focus on their internal client’s business goals and priorities.

1. Be alert and investigate patterns

In-house counsel should be attentive to potential repetitive litigation threats and be proactive in identifying and responding to the risk. Indicators that individual cases may be part of a larger pattern

  include: formulaic complaints; recurring plaintiffs’ counsel or opposing experts; an increase in warranty claims, customer complaints or lawsuits attacking the safety or integrity of a particular product or business practice; case reports and articles in medical or technical literature and/or media reports raising concerns about a product, business practice, or industry; lawsuits or publicity of adverse events involving a direct competitor. Once a suspected pattern has been identified, in-house counsel should promptly investigate and take steps to reduce (or eliminate) the repetitive litigation threat through remedial measures that may involve minimal cost but, in the long-term, save the company significant defense and indemnity dollars.

2. Develop a global defense strategy

A clear and consistent defense strategy is the foundation of successful management of repetitive litigation. Without a global approach, local counsel in different jurisdictions may pursue defenses, adopt positions, and prepare company witnesses to testify in support of theories designed to prevail in an individual case but may be inconsistent with, or contrary to, the company’s broader interests. To ensure consistency across multiple jurisdictions, it is important early in the process to identify and marshal the facts, documents and corporate witnesses knowledgeable about common issues. This information can be used to develop the strongest available defenses and an affirmative narrative supporting the company’s position. Implementing a streamlined procedure for handling discovery also is an integral part of the defense strategy to ensure consistency, avoid duplication and reduce the costs associated with continually “reinventing the wheel.”

3. Consider retaining outside coordinating counsel

The day-to-day, hands on case management, review of pleadings and discovery responses, and routine communications with local counsel necessary to achieve consistency can divert in-house counsel’s attention from other pressing business issues. Depending on the size and resources available to the company’s legal department and the volume and nature of the cases, it may be advantageous to retain outside counsel to help coordinate the company’s defense. Outside coordinating counsel can lead fact investigations, collect and consolidate relevant documents, manage discovery, prepare company witnesses, identify and manage experts, coordinate with local counsel, and serve as trial counsel in key cases. Outside coordinating counsel can also develop a deep knowledge of the company and its business that will allow them to assist in-house counsel in conducting risk assessments and make recommendations regarding settlement and trial strategies that are aligned with the company’s business goals and objectives. By actively participating in key trials, outside coordinating counsel can effectively present the company’s well-developed defenses and maintain the consistency necessary to avoid creating pitfalls for future cases.

4. Implement a clear and efficient communication process

The most carefully crafted defense strategy will not be successful unless it is clearly and effectively conveyed to all team members. Clear communication is also essential to avoid duplication of effort and keep in-house counsel timely informed of critical developments. An effective communication process should include regular reporting procedures and formats tailored to in-house counsel’s needs and internal business reporting requirements. Outside coordinating counsel can serve as an

  information conduit, collecting critical case information and presenting it in an easily accessible format. Additionally, technology should be leveraged to achieve efficiency through use of document management systems, secure extranets or other web-based applications for up-to-date reporting and fingertip access to case materials, a master calendar of case deadlines, and development of brief banks, deposition repositories, expert materials, and other general information that can be utilized across all cases.

5. Choose your battles strategically

In repetitive litigation, as in mass tort litigation, trial outcomes or settlements can have a ripple effect. Counsel should engage in rigorous case assessment and risk analysis, including early case assessments, to identify cases that should be tried or positioned for settlement and to allocate resources accordingly. Decisions about which, when and where to try cases should be made as part of the global defense strategy taking into account the company’s business objectives. Careful and strategic selection of cases for trial or settlement can position the company to increase the likelihood of a successful outcome with maximum impact across the board.

Link to Article:

http://www.insidecounsel.com/2014/02/27/managing-repetitive-litigation-5-tips-to-improve-o

 

 

 

 

 

FIRM OVERVIEW

The Value of Working Side by SideWe believe in the value of face-to-face interactions — as well as the power of technology to connect with clients and each other. That’s how our attorneys share insights and gain new perspectives. It’s a collaborative approach that delivers creative, highly effective solutions for our clients, as well as an engaging work environment. No wonder Taylor English was ranked as one of The Atlanta Journal-Constitution’s Top 100 Workplaces for 2014.

“Taylor English’s basic touchstones are what first attracted us to the firm. Their foundation is setup to manage costs aggressively in an efficient way, which translates to lower cost but superb experience and quality.” –Jon Waller, General Counsel

Waffle House, Inc.

Built for businessTo achieve and retain a competitive advantage,

businesses must be smart, responsive, lean and focused

on results; they should expect nothing less from their

legal services.

Taylor English is a new breed of law firm, made for

the real concerns of today’s business organizations.

Unlike traditional law firms, Taylor English is run like

a successful business. We built it from the ground up

to deliver better value. We seek every opportunity to

enhance our client’s return on investment and their

satisfaction with the services we deliver. And while we

insist on hard work from our team members, we never

forget that our clients are paying for results.

Facts at a Glance• Founded in 2005

• 130+ attorneys

• 19 practice groups

• 3 practice groups and 5 attorneys ranked by Chambers USA

• 25 Georgia Trend Legal Elite

• 14 Georgia Super Lawyers

• 12 Best Lawyers® in America

• 11 Georgia Rising Stars

Building a new law firmWhen we founded Taylor English, we intentionally set out to create an entirely new type of law firm — one that would deliver the great talent, technical abilities and scope of traditional firms — but with lower costs and the ability to structure and align fees with corporate budgets. It’s the innovative kind of law firm that businesses need — focused on three core elements:

A New Business Model The Taylor English business model is built around the delivery of value — that is, what matters to our clients: return on investment, results and satisfaction.

Efficiency and CollaborationA drive toward efficiency and collaboration runs deep in our firm, as does our commitment to aggressively direct our resources toward client work rather than corporate overhead. So, we maintain low staff-to-attorney ratios and reduced real estate costs.

Outstanding TalentTaylor English recruits experienced attorneys who earned their credentials working with thriving enterprises and law firms that supported them. With in-house and general counsel experience as well as work in the start-up and management of a variety of organizations, our attorneys bring broad and deep levels of expertise to every engagement. Equally important, they are committed to our non-traditional approach, which enables them to deliver quality legal services, excellent results and uncommon value.

Practice Groups

• Aviation

• Construction

• Corporate and Business

• Creditors’ Rights and Bankruptcy

• Employee Benefits and ExecutiveCompensation

• Employment, Labor and Immigration

• Environmental and Renewable Energy

• Family-Owned and Closely HeldBusinesses

• Financial Institutions

• Hospitality

• Insurance Coverage

• Intellectual Property

• Lending and Corporate Finance

• Litigation and Dispute Resolution

• Public Interest and Advocacy

• Real Estate

• Taxation

• Technology, e-Commerce andEntertainment

• Data Security and Privacy

Recent AccoladesChambers USAThe firm’s Environmental, Labor and Employment, and Real Estate groups earned top rankings in the 2014 edition of Chambers USA: America’s Leading Lawyers for Business, a highly regarded legal directory featuring client-led intelligence. Five Taylor English attorneys were ranked as leading practitioners in their area of law.

NLJ HotlistTaylor English was selected by The National Law Journal as one of 20 law firms named to its 2013 Midsize Hot

List. The list recognizes 20 U.S. law firms in the 50 to 150-lawyer range with unparalleled accomplishments and

exceptional client services. According to The National Law Journal, the 20 firms that comprise its 2013 Midsize Hot

List are “led by forward-thinking attorneys who are guiding their organization in new practice directions, amassing

more business in mainstay practices and spreading into new regions.”

Client Advisor AwardsTaylor English was recognized as a winner for the 2012 Client Advisor Awards (Midsize Firm). The Client Advisor

Awards is the country’s only award program honoring the economic impact of Professional Services Firms, advisor

professionalism and ‘clients of choice’.

U.S. News – Best Lawyers’® “Best Law Firms” listTaylor English was recognized in the 2014 edition of U.S. News – Best Lawyers’® “Best Law Firms” list. The firm

was recognized in 13 practice areas for the Atlanta metropolitan area and was named a Tier 3 National “Best Law

Firm” in Securitization and Structured Finance Law.

Atlanta Business Chronicle PacesettersTaylor English was recognized as one of Atlanta’s 100 fastest-growing private companies, earning a 2013

Pacesetter Award by the Atlanta Business Chronicle. The firm ranked 62 out of 100 companies and was the only

law firm named to the list. According to the Business Chronicle, qualifying companies had to be privately owned,

based in the 20-county metro Atlanta area and not a subsidiary of another company.

AJC Top WorkplacesThe firm ranked 14 out of 35 in the Top Midsize Companies category in The Atlanta Journal-Constitution’s Top 100 Workplaces for 2014. The Top Workplaces are determined based solely on employee feedback. The employee survey is conducted by WorkplaceDynamics, LLP, a leading research firm specializing in organizations health and employee engagement.

Atlanta Business Chronicle Best Places to WorkThe firm was recognized for the second time as one of the Atlanta Business Chronicle’s “Best Places to Work” in 2013. The firm ranked 16th in the medium employer category.

Taylor English Duma LLP • 1600 Parkwood Circle Ste. 400 • Atlanta, GA 30339 • p 770.434.6868 • f 770.434.7376 • www.taylorenglish.com

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Built for Results. From the largest and most sophisticated cases to simple two-party lawsuits, Taylor English attorneys have successfully represented clients in bringing and defending claims spanning the entire spectrum of business litigation. With more than 50 attorneys in our Litigation practice, we offer a creative, efficient and cost-effective approach when resolving our clients’ business disputes.

We regularly represent both defendants and plaintiffs in state, federal and appellate courts across the country, and have litigated virtually all types of disputes, including:

Antitrust Bankruptcy and Creditors' Rights Catastrophic Injury Commerce and Business Construction Employment Financial Institutions Insurance coverage Intellectual Property Product Liability Professional Liability Securities and Investments Shareholder Issues

At Taylor English, we have built a team of high-quality, experienced litigators whose strategic and client-focused successes and skills are unparalleled. Our attorneys have litigated matters for everyone from Fortune 100 companies to start-ups and individuals, and we have developed litigation strategies consistent with each client's objectives.

Litigation and Dispute Resolution

RESULTS

Prior results and reputation matter when walking into a court room or negotiation, and our team includes some of the most highly regarded litigation and dispute resolution lawyers in the United States. Our seasoned litigators have the trial-tested experience to develop case strategies, manage potential risk and implement the most effective solutions for your business.

DEPTH

Most of our litigators came to Taylor English from large firms, where they received excellent training in all facets of litigation. Our senior litigators do not merely oversee the work of less experienced associates with little direct involvement; they remain fully engaged in handling cases. By keeping overhead and billing rates low, our partners can and do perform tasks that big-firm partners or even senior associates typically do not. Our seasoned litigators know the client’s case, inside and out, resulting in fewer hours billed to the client.

The firm’s litigation group handles matters throughout the United States.

States in which Taylor English attorneys have litigated (royal blue):

States in which Taylor English attorneys have managed litigation or acted as coordinating counsel (light blue):

ASSURANCE

We recognize that often the best resolution for the client is to avoid litigation or quickly resolve it at the outset. Working with our corporate attorneys, many of whom served as general counsel at major corporations, our litigators make a concerted effort to negotiate and craft workable, beneficial settlements for our clients before the disputes escalate into costly litigation. In short, we bring a “business” mentality to understanding how a court case or arbitration fits into your overall business goals and objectives.

However, there are times when disputes cannot be resolved amicably, and when cases have to go all the way through to trial and appeal. Unlike many big-firm litigators, our attorneys have a wealth of trial and arbitration experience, and in all manner of disputes. Thus, retaining a Taylor English litigator means getting someone who has the expertise, work ethic, and fortitude to see the case through to the very end. Similarly, the firm’s litigators have achieved great success in winning cases at the summary judgment stage.

“Taylor English took over a major and hotly contested patent case for Comverge last year in the middle of discovery, and I was very impressed with the speed with which they got their arms around the issues and the expertise, responsiveness and diligence they exhibited in defending the infringement claims. Finally, I was thrilled with the excellent result they achieved for Comverge in just a few months' time.”

- Tracy Caswell, Chief Administrative Officer and General Counsel, Comverge

 

 

SERVICES

Shareholder Derivative Suits, Director and Officer Liability, and Corporate Governance Investigations and Cases

Our attorneys have investigated and asserted claims as counsel to the Federal Deposit Insurance Corporation against directors and officers of failed financial institutions in several states. We have been retained by public and nonpublic companies to conduct internal investigations into alleged wrongdoing. We have represented former directors and officers accused of corporate waste, securities fraud, breach of fiduciary duty and other claims. The experience of our litigators is complemented by several attorneys who have served as corporate general counsel and have practical experience regarding the legal duties and responsibilities of officers, directors, managers and partners of business entities.

Securities Litigation and RICO Act Claims

Our securities litigation team maintains an ongoing expertise in the state and federal laws governing the rights and duties of issuers, sellers, brokers, dealers, underwriters, purchasers, clearing houses and exchangers of securities. Our lawyers also have acted in numerous matters on behalf of corporations that have been victimized by an embezzler. We have used RICO remedies in other business torts claims litigated among shareholders in closely held companies and in other matters. While RICO allegations should not be lightly asserted, in situations of particularly egregious conduct, knowing how to craft and prove an appropriate claim is an extremely valuable asset.

Intellectual Property

In order to protect and maintain your valuable intellectual property rights, litigation is sometimes the only solution. We have extensive experience in trying intellectual property cases in state and federal courts, and the U.S. International Trade Commission, from patent, trademark, and copyright infringement actions to false advertising and trade secret claims.

Product Liability

Examples of product cases handled by our members include asbestos, defective vehicles and tires, defective medical devices and industrial machine design claims. Manufacturers who have experienced many product claims understand the need for a firm that has the experience to make an early assessment of the potential exposure from a claim and resolve it in a cost-effective manner, sometimes without undue publicity, or to fight strenuously for vindication of the product. We have attorneys with such experience and ability who can help guide clients to a successful resolution drawn from handling numerous matters for both claimants and manufacturers.

Taylor English attorneys also are experienced with preservation of evidence, which is a key component in most product liability cases, and we provide risk management services to clients who face these types of claims.

Taylor English Duma LLP www.taylorenglish.com 1600 Parkwood Circle, Suite 400 Atlanta, GA 30339 p 770.434.6868 f 770.434.7376

ATTORNEY ADVERTISING. Prior results do not guarantee a similar outcome. © 2014 Taylor English Duma LLP. All Rights Reserved.

SERVICES

Business Torts and Commercial Contract Disputes

Taylor English attorneys have a wide range of experience in resolving business and commercial disputes of all types. In addition to the other matters previously described, we have represented clients in lawsuits and arbitrations involving claims such as:

breach of contract or warranty interference with contractual and

business relations non-competes and other restrictive

covenants

mergers and acquisitions defamation (libel and slander) conflicting interest transactions fraudulent conveyances

Construction

Combined, Taylor English’s Construction practice group exceeds a century of national and international complex construction law experience. Years of Federal and State Government contracting experience, including bid protests, extra compensation claims and termination contests rounds out our ability to assist clients outside of purely commercial realms. In addition, our lawyers’ substantial experience with disadvantaged entities has helped fledgling businesses thrive.

Bankruptcy and Creditors' Rights

We routinely represent creditors and financial institutions including national, local and community banks in bankruptcy, commercial and business litigation, lender liability claims, participation disputes and litigation, receiverships, assignments for the benefit of creditors, financial workouts, secured transactions and commercial lending matters.

E-Discovery

Our litigators have served as critical parts of a team for a Fortune 100 company in its ground breaking National Discovery Counsel program. Thus, we have the experience and know-how to handle cases that involve massive discovery obligations, including increasingly prevalent and complex electronic-discovery issues.

Alternative Dispute Resolution

Taylor English litigators have extensive experience in all types of alternative dispute resolution, from binding arbitration to mediation, designed to save clients the time and expense that typically result from court litigation. Several of our attorneys are registered arbitrators and mediators, and they bring that experience to bear when trying to resolve cases as efficiently as possible for firm clients.

Other areas of litigation our attorneys handle include:

Antitrust Actions Business Dissolutions Catastrophic Injury Class Actions ERISA Insurance Coverage Disputes Liquor Licenses Premises Liability Professional Liability Real Property RESPA State and Federal Taxes