Find Lawyers in Detroit, Michigan for Bet-the-Company Litigation
Robert J. Diehl, Jr., represents clients in complex business law matters and commercial transactions with a focus on debtor-creditor rights and bankruptcy.He represents lenders in out-of-court workouts and in bankruptcy proceedings involving all types of businesses and collateral, especially automotive-related businesses and real estate and construction businesses. Mr. Diehl has special expertise in matters relating to postpetition financing, lifting the automatic stay and maximizing realizat...
Eugene specializies in complex business litigation, counseling to business and non-profits, and alternative dispute resolution. He is widely considered to be one of the finest lawyers in Michigan. He has served as lead or co-lead trial counsel in numerous business cases, including the representation of one of the state's largest utilities in a $500 million fraud and breach of contract action brought by a major industrial firm. That industrial firm itself then became a client of Barris, Sott, ...
Ralph E. McDowell assists clients primarily in the areas of commercial bankruptcy, debtors’ and creditors’ rights, and workouts. He has represented the interests of banks and other financial institutions in pre-bankruptcy workout situations, commercial bankruptcy cases, and troubled credit situations. His work with banks and financial institutions includes representation in court proceedings, sale of debt transactions, foreclosures, liquidation of assets, and forbearance arrangeme...
Tom McNeill is engaged in a broad commercial litigation practice representing Fortune 500 Companies, middle market and emerging businesses and their principals. With more than 30 years of trial, litigation and arbitration experience, Tom focuses his practice on middle market business cases, automotive supply disputes and complex financial litigation, including in the areas of securities, antitrust, banking, private equity, mergers and acquisitions and financial statement accounting. He has re...
James Plemmons provides counsel to secured lenders, unsecured lenders, bankruptcy trustees, debtors, shareholders, and investor groups in all nature of bankruptcy, restructuring, and workout proceedings, including corporate and individual reorganization and liquidation proceedings. He has represented insurance companies such as Massachusetts Mutual Life Insurance Company, Travelers Insurance Company and Nationwide Insurance Company with regard to workout, foreclosure and bankruptcy matters. I...
Sharon is a world-class litigator, as well as the longtime leader of the firm and current chair of the firm's Litigation Department. She is a riveting trial lawyer and a formidable advocate for clients. Sharon's practice focuses on business litigation (commercial and complex litigation, construction, securities, intellectual property litigation, employment litigation, class action litigation, professional malpractice defense).
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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