|By ACN Newswire||
|August 24, 2014 08:27 AM EDT||
Tom Bell and Tom Henefer of Stevens & Lee, a law firm attending the marcus evans Chief Litigation Officer Summit Fall 2014, on early case assessment and building the right team to handle it
NEW YORK, NY, Aug 24, 2014 - (ACN Newswire) - When facing litigation threats, be ready, be proactive and be armed with the right team. That is the advice offered by Tom Bell and Tom Henefer, members of the Commercial Litigation Department at Stevens & Lee, both of whom stress that Chief Litigation Officers (CLOs) must have a disciplined approach to early case assessment and must deal with events proactively before they blossom into actual litigation.
Stevens & Lee is a law firm at the marcus evans Chief Litigation Officer Summit Fall 2014, in Palm Beach, Florida, September 14-16.
- How could organizations improve their process for early case assessment? Why should they?
Henefer: A disciplined and effective approach to early case assessment is critical in commercial litigation. Discipline means having a process that requires case assessment at defined milestones in the life of a case. Effective means building the right team that can bring to bear the required objectivity and expertise (often including non-attorney experts in relevant fields). CLOs should focus on early case assessment because it helps identify cases that should be resolved early and successful strategies for cases that cannot be settled. Haphazard efforts invariably increase the odds of flawed case assessment. And, improper assessment can commit the company to protracted litigation where the only guarantee is litigation cost and risk. Building the right team to assess litigation risk early, effectively and routinely as the case progresses is critical.
- What is the "right team"?
Henefer: In all cases, the team should include sophisticated Litigation Counsel who understand the industry or issues in question and can assess the facts and risks presented. But a multidisciplinary team is often critical. Such teams may include industry experts as well as financial analysts who can begin to model the possible damages sooner rather than later.
- What threats should CLOs protect their organizations from? What goes undetected?
Bell: Ironically, one of the biggest undetected threats is the routine use of contractual arbitration provisions in inappropriate contexts. Even sophisticated business clients often include these provisions with the mistaken belief that arbitration is always a good thing. Arbitration may be good for certain situations (like consumer contracts), but is rarely good for complex commercial transactions.
First, for commercial litigation, arbitration is often just as, if not more, expensive than traditional litigation in court. Second, in traditional litigation, summary judgment is often an effective way to limit costs and reduce the risk of aberrant results. But in arbitration, you almost never have a meaningful opportunity for summary judgment. Third, because it is difficult to successfully appeal arbitration awards, arbitrators are more likely to render decisions they think are correct even if not in accordance with law. Arbitration makes it harder, not easier, to accurately assess your litigation risk.
- How can CLOs change the odds in litigation?
Bell: Being ready and proactive is critical. Even before an event that could lead to litigation occurs, there should be policies and procedures in place to properly respond to events that may give rise to a claim. When events occur and CLOs (or their teams) are engaged, company responses to events can be monitored to ensure both that proper steps are taken and that those steps are documented so favorable evidence can be preserved and later used in litigation if necessary. A proactive response can minimize the risk that the event will turn into litigation and, if litigation is inevitable, will put the company in a better position to defend.
About the Chief Litigation Officer Summit Fall 2014
The 14th Chief Litigation Officer Summit is the premium forum for bringing leading in-house litigation counsel across the nation together with service providers. Taking place at the Eau Palm Beach Resort & Spa, Palm Beach, Florida, September 14-16, 2014, the Summit includes presentations on privacy and social media, alternative approaches in litigation, outside counsel management, and making the law department into a profit center.
For more information, please send an email to [email protected] or visit the event website at www.chieflitigationofficersummit.com/TomBellTomHeneferInterview
marcus evans group - legal sector portal -
The Legal Network - marcus evans Summits group delivers peer-to-peer information on strategic matters, professional trends and breakthrough innovations.
- LinkedIn: www.linkedin.com/groups?gid=3676301&trk=hb_side_g
- YouTube: www.youtube.com/MarcusEvansLegal
- Twitter: www.twitter.com/meSummitsLegal
- SlideShare: www.slideshare.net/MarcusEvansLegal
Please note that the Summit is a closed business event and the number of participants strictly limited.
About Stevens & Lee
Among the 200 largest law firms in the nation, Stevens & Lee is an industry-focused law firm providing clients with cost-effective solutions, alternative fee arrangements and innovative risk-sharing engagements.
Stevens & Lee is part of Stevens & Lee/Griffin, a professional services platform comprised of 220 multidisciplinary professionals, including 170 lawyers, with diverse occupational experience, educational backgrounds and industry expertise. The platform provides a complete range of legal, investment banking, financial advisory, government affairs, crisis management, risk management and other professional services to our clients. Please visit www.stevenslee.com.
About marcus evans Summits
marcus evans Summits are high level business forums for the world's leading decision-makers to meet, learn and discuss strategies and solutions. Held at exclusive locations around the world, these events provide attendees with a unique opportunity to individually tailor their schedules of keynote presentations, think tanks, seminars and one-on-one business meetings. For more information, please visit www.marcusevans.com.
- Twitter: www.twitter.com/meSummitsGlobal
- YouTube: www.youtube.com/user/MarcusEvansGroup
- SlideShare: www.slideshare.net/MarcusEvansSummits
Source: marcus evans Summits
Sarin Kouyoumdjian-Gurunlian Press Manager, marcus evans, Summits Division Tel: +357 22 849 313 Email: [email protected]
Copyright 2014 ACN Newswire. All rights reserved.
BroadSoft on Tuesday announced that it is a recipient of the 2014 Frost & Sullivan Market Leadership Award in the Hosted/Cloud Internet Protocol (IP) Telephony market for Latin America. According to Frost & Sullivan market research, the Latin America (LATAM) hosted/cloud Internet Protocol (IP) telephony market, including integrated unified communications and collaboration (UC&C) applications, is currently experiencing a rapid growth trajectory and is expected to exhibit a tenfold rise in annual...
Apr. 26, 2015 05:00 AM EDT Reads: 2,405
SYS-CON Events announced today that Akana, formerly SOA Software, has been named “Bronze Sponsor” of SYS-CON's 16th International Cloud Expo® New York, which will take place June 9-11, 2015, at the Javits Center in New York City, NY. Akana’s comprehensive suite of API Management, API Security, Integrated SOA Governance, and Cloud Integration solutions helps businesses accelerate digital transformation by securely extending their reach across multiple channels – mobile, cloud and Internet of Thi...
Apr. 26, 2015 05:00 AM EDT Reads: 2,050
SYS-CON Events announced today that CommVault has been named “Bronze Sponsor” of SYS-CON's 16th International Cloud Expo®, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY, and the 17th International Cloud Expo®, which will take place on November 3–5, 2015, at the Santa Clara Convention Center in Santa Clara, CA. A singular vision – a belief in a better way to address current and future data management needs – guides CommVault in the development of Singular In...
Apr. 26, 2015 04:45 AM EDT Reads: 2,068
Temasys has announced senior management additions to its team. Joining are David Holloway as Vice President of Commercial and Nadine Yap as Vice President of Product. Over the past 12 months Temasys has doubled in size as it adds new customers and expands the development of its Skylink platform. Skylink leads the charge to move WebRTC, traditionally seen as a desktop, browser based technology, to become a ubiquitous web communications technology on web and mobile, as well as Internet of Things...
Apr. 26, 2015 04:45 AM EDT Reads: 2,334
SYS-CON Events announced today that SafeLogic has been named “Bag Sponsor” of SYS-CON's 16th International Cloud Expo® New York, which will take place June 9-11, 2015, at the Javits Center in New York City, NY. SafeLogic provides security products for applications in mobile and server/appliance environments. SafeLogic’s flagship product CryptoComply is a FIPS 140-2 validated cryptographic engine designed to secure data on servers, workstations, appliances, mobile devices, and in the Cloud....
Apr. 26, 2015 04:30 AM EDT Reads: 2,125
SYS-CON Events announced today that FierceDevOps will exhibit at SYS-CON's 16th International Cloud Expo®, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY. FierceDevOps keeps software developers and IT operations personnel updated on the latest news and trends around the rapidly evolving role of the traditional IT worker.
Apr. 26, 2015 04:15 AM EDT Reads: 2,139
SYS-CON Events announced today that StorPool Storage will exhibit at SYS-CON's 16th International Cloud Expo®, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY. StorPool is distributed storage software that allows service providers, enterprises and other cloud builders to run data storage on standard x86 servers, instead of using expensive and inefficient storage arrays (SAN).
Apr. 26, 2015 04:00 AM EDT Reads: 2,249
SOASTA, the leader in performance analytics, today reported record growth of the CloudTest community, exceeding 30,000 registered users of the CloudTest platform in Q1 2015. SOASTA also announced widespread adoption of its Web and mobile testing solutions, with more than 1,600 customers completing more than 285,000 tests using CloudTest during the quarter. This rapid growth shows that DevOps-driven digital businesses are embracing a more continuous approach to testing, and CloudTest is meeting t...
Apr. 26, 2015 04:00 AM EDT Reads: 1,578
SYS-CON Events announced today that QTS Realty Trust, one of the nation’s largest and fastest-growing providers of data center facilities and cloud services and a leader in security and compliance, will exhibit at SYS-CON's 16th International Cloud Expo®, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY. QTS Realty Trust, Inc. (NYSE: QTS) is a leading national provider of data center solutions and fully managed services, and a leader in security and compliance...
Apr. 26, 2015 03:45 AM EDT Reads: 1,944
Apr. 26, 2015 03:45 AM EDT Reads: 1,390
Today, IT is not just a cost center. IT is an enabler and driver of business. With the emergence of the hybrid cloud paradigm, IT now has increasingly more capabilities to create new strategic opportunities for a business. Hybrid cloud allows an organization to utilize multi-tenant public clouds, dedicated private clouds, bare metal hosting, and the associated support and services for the right use cases through an on-demand, XaaS model. This model of IT creates tremendous opportunities for busi...
Apr. 26, 2015 03:30 AM EDT Reads: 4,035
GENBAND has announced that SageNet is leveraging the Nuvia platform to deliver Unified Communications as a Service (UCaaS) to its large base of retail and enterprise customers. Nuvia’s cloud-based solution provides SageNet’s customers with a full suite of business communications and collaboration tools. Two large national SageNet retail customers have recently signed up to deploy the Nuvia platform and the company will continue to sell the service to new and existing customers. Nuvia’s capabili...
Apr. 26, 2015 03:30 AM EDT Reads: 1,923
SYS-CON Events announced today that IndependenceIT, a leading software provider of simplified IT management solutions for workspaces, applications and desktops-as-a-service, will exhibit at SYS-CON's 16th International Cloud Expo®, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY. IndependenceIT's Cloud Workspace® Suite combines application, end-user and infrastructure management into a seamless, easy-to-manage platform, with a unified management interface an...
Apr. 26, 2015 03:15 AM EDT Reads: 2,879
SYS-CON Events announced today that that Innodisk, the service-driven provider of industrial embedded flash and DRAM storage products and technologies, will exhibit at SYS-CON's 16th International Cloud Expo®, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY. Innodisk is a service-driven provider of industrial embedded flash and DRAM storage products and technologies. With satisfied customers across the embedded, aerospace and defense, cloud storage markets an...
Apr. 26, 2015 03:00 AM EDT Reads: 2,945
Sonus Networks introduced the Sonus WebRTC Services Solution, a virtualized Web Real-Time Communications (WebRTC) offer, purpose-built for the Cloud. The WebRTC Services Solution provides signaling from WebRTC-to-WebRTC applications and interworking from WebRTC-to-Session Initiation Protocol (SIP), delivering advanced real-time communications capabilities on mobile applications and on websites, which are accessible via a browser.
Apr. 26, 2015 02:45 AM EDT Reads: 2,004