Find Lawyers in Atlanta, Georgia for Bet-the-Company Litigation
Richard Hays is the Managing Partner of Alston & Bird. Since 2008, he has led the strategic direction of the firm and played a key role in its growth and performance. Mr. Hays also chairs the firm’s Administrative Committee. The firm has offices in New York, Washington, D.C., Los Angeles, Atlanta, Dallas, Charlotte, Silicon Valley, Research Triangle and Brussels. Prior to his election as the Managing Partner, Mr. Hays served as the firm’s Financial Partner and also headed the ...
Mr. Latham is an experienced trial lawyer who has litigated a variety of cases. He has been recognized as one of the nation’s top securities defense lawyers. His primary expertise is in securities class action litigation, derivative suits and regulatory investigations. He has successfully litigated approximately $200 billion in M&A transactions in Delaware and throughout the country. Mr. Latham also counsels boards through corporate crises and internal investigations. He has been li...
John E. Stephenson, Jr. is a trial lawyer and represents plaintiffs and defendants in complex commercial litigation, including litigation arising from mergers and acquisitions, financial services transactions, intellectual property rights, and agency and fiduciary relationships. He also has substantial experience in corporate governance and financial fraud investigations. Mr. Stephenson served on the executive committee for the Enron Examination, where his leadership responsibilities included...
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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