Find Lawyers in Anchorage, Alaska for Bet-the-Company Litigation
Joe is a seasoned commercial litigator and trial lawyer who represents clients throughout Alaska and the Rocky Mountain West. Clients turn to Joe for strategic representation when their business is at risk from internal or external threats. He has skillfully represented clients in the natural resource and tourism industries in trials and appeals for over 35 years, counseling clients through the entire life cycle of the dispute. When the stakes are high, Joe delivers sound judgement, proactive...
Jim Torgerson is an Alaska-based partner in Stoel Rives’ Litigation Group. Over the last 30 years, Jim has tried to conclusion in excess of 40 cases, most to federal or state juries. He has handled more than 30 appeals, arguing cases in the Alaska Supreme Court and the Ninth Circuit Court of Appeals. Jim’s practice focuses on complex civil litigation, with an emphasis on commercial, corporate and property issues. Jim has represented major oil and gas companies, Alaska Native corpo...
Bet-the-Company Litigation Definition
Bet-the-company cases create unique challenges. Counsel inside and outside the company must respond to several alarmed constituencies, including insiders (management, the board, employees, shareholders, investors); outsiders (customers, vendors, lenders, insurers), and regulatory authorities (to name only a few: SEC, FTC, FDA, EPA, and DOJ and their international counterparts). Counsel must conduct every aspect of the litigation with the needs and desires of these sometimes conflicting constituencies constantly in mind.
The company may face multiple investigations: congressional, criminal, regulatory, as well as special quasi-governmental commissions and internal investigations conducted by the company itself or by other parties. Counsel must deal with these investigations understanding that decisions made early on can have an enormous impact on the outcomes of investigations, subsequent litigation, and on the ultimate resolution.
Litigation may erupt in multiple jurisdictions (federal, state, international) and in multiple forms (criminal, civil, administrative, arbitral). The company may face multiple litigation adversaries, including the United States Department of Justice, State Attorneys General, regulatory counsel, and private counsel for adverse parties. Parties aligned with the company will have their own counsel, constituencies and agendas. The formal and informal coordination of all these proceedings and parties will impact the duration, cost and course of the litigation. The reputation of the company’s lead counsel – in part pre-existing and in part earned over the course of the litigation – will be critical in dealing with all these tribunals, parties, and attorneys.
Bet-the-company cases require an ability not only to navigate in these different environments, but also to see how the moving parts fit together. That in turn is the key to a more important ability: to work out, with the client, a plan – a plan that will be constantly adjusted – to get from the chaotic beginning to a satisfactory resolution.
It is best in bet-the-company cases to have a lead lawyer responsible for coordinating the varied teams of lawyers needed to handle, under a coherent plan, all these facets of the problem – teams with varying types of expertise, drawn from multiple firms, and often working in different locations. With leadership, cohesive teams can solve extraordinary problems.
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