Find Lawyers in Charleston, West Virginia for Bet-the-Company Litigation
Julia A. Chincheck is a partner in the Charleston office of Bowles Rice and a member of the firm’s Commercial and Financial Services Group. She concentrates her practice on Creditors Rights and Bankruptcy Law, with additional emphasis on complex commercial transactions and business work-outs for banking and other commercial lenders, and commercial litigation. Ms. Chincheck is a frequent lecturer on bankruptcy law, creditors’ rights and the Uniform Commercial Code, and she has auth...
A member of DiTrapano Barrett DiPiero McGinley & Simmons, PLLC, Tim DiPiero spent six years (1977–1983) as an assistant United States Attorney for the Southern District of West Virginia in Charleston, WV before entering private practice. Prior to his tenure with DiTrapano Barrett DiPiero McGinley & Simmons, PLLC, he was a Member of DiTrapano & Jackson which he joined in 1983, and also DiTrapano Barrett & DiPiero, PLLC. After graduating from the University of Notre Dame i...
Area of Emphasis Timothy Miller is a shareholder in the Energy and Natural Resources and Litigation groups of Babst Calland. Mr. Miller is primarily involved in general civil litigation and has tried more than 30 significant cases to jury trial conclusion in the federal courts in both the Northern and Southern Districts of West Virginia, and numerous state courts. He has significant experience with complex litigation before the West Virginia Mass Litigation Panel and the Supreme Court of Appe...
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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