Find Lawyers in Richmond, Virginia for Bet-the-Company Litigation
Hugh Fain has been a litigator and dispute resolver for over thirty years. With broad experience as a civil trial attorney, his practice has focused on commercial and business litigation, including contract disputes, business torts, employment law, intellectual property, construction litigation, and shareholder and partnership disputes. Hugh is licensed in both Texas and Virginia. Hugh is Past President of the Virginia Bar Association and Past President of the Bar Association for the City of ...
About LeClairRyan \ Attorneys Charles M. Sims Riverfront Plaza, East Tower 951 East Byrd Street, Eighth Floor Richmond, Virginia 23219 Phone: 804.343.5091 Fax: 804.783.7655 email@example.com vCard Biography Charles M. Sims is a partner with and heads up LeClairRyan’s Business Litigation Practice. Mr. Sims regularly litigates in federal and state court all manner and types of complex commercial disputes, including claims for officers’ and directors’ liability and p...
Thomas M. Wolf is a trial lawyer focusing on business litigation, particularly in cases involving construction law, employment law, intellectual property, general commercial law and international law. He heads the Richmond office of Miles & Stockbridge. In addition to his notable litigation practice, Tom acts as general counsel to a number of companies. He is former president of the International Alliance of Law Firms, a network of business-oriented law firms from around the world. He als...
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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