Find Lawyers in Des Moines, Iowa for Bet-the-Company Litigation
Practice Area Overview
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.
Corporate Law & Commercial Litigation Legal Guide 2023View Legal Guide
Tom Hanson has been one of the most active trial lawyers in Des Moines for more than 30 years, litigating civil and criminal cases in state and federal court. As a trial attorney, he represents clients in complex litigation. As an insurance lawyer, Tom served as president of the Iowa Defense Counsel Association. With his experience in the practice of business law, Tom also represents corporations, boards and corporate officers in business transactions, disputes, lawsuits and white-collar crim...
Jack is an elected member of the American College of Trial Lawyers. For more than 35 years his practice has focused on the defense of hundreds of civil cases in areas including: product liability, automobile liability, wrongful death, aircraft crash liability, defamation, premises liability, professional liability, drug and device liability, employment law, commercial liability and trustee and fiduciary liability. This exposure has resulted in more than 100 civil jury trials throughout the St...
Michael Thrall is a member of the firm’s Litigation Department and practices in the area of commercial litigation; life, health, and disability insurance litigation; ERISA litigation; railroad litigation; and complex tort defense. Michael is a Fellow in the American College of Trial Lawyers. He has also been recognized by Best Lawyers in the categories of Bet-the-Company Litigation, Commercial Litigation, and ERISA Litigation. He is a Fellow in the Iowa Academy of Trial Lawyers and a me...
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