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Matters to Surge, Spending Flat

Matters to Surge, Spending Flat. Litigation Spending Total Matters. Litigation Activity and Litigation Spending Billions Matters. Source: BTI Litigation Outlook 2014: Changes, Trends and Opportunities for Law Firms. Resolution Rates Remain High. Trend in Resolution Rates

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Matters to Surge, Spending Flat

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  1. Matters to Surge, Spending Flat Litigation Spending Total Matters Litigation Activity and Litigation Spending BillionsMatters Source: BTI Litigation Outlook 2014: Changes, Trends and Opportunities for Law Firms

  2. Resolution Rates Remain High Trend in Resolution Rates Percent of Active Matters Settled Source: BTI Litigation Outlook 2014: Changes, Trends and Opportunities for Law Firms

  3. DISCUSS CLIENT OBJECTIVES & LITIGATION HISTORY • Client business plans & objectives • Litigation experienced? • Relationship of litigation to business plan

  4. CASE TRIAGE • Attorney-Client privilege/protocols • Filing deadlines • Insurance coverage/Indemnification/Notices • CEO, GC & key personnel interviews • Identify litigation risks, collateral damage • Assess client document system • Freeze relevant email & documents • Litigation hold memo • Develop preliminary chronology • Identify core documents • Required filings/notices (SEC, government agencies, lenders)

  5. FACTUAL ANALYSIS • Interview critical client witnesses • Early document assessment • Identify key client documents • Review company & industry prior litigation history • Refine chronology • Identify potential additional defendants • Identify potential experts • LEGAL RESEARCH & ANALYSIS • Analyze legal claims asserted • Novel or well settled issues? • Potential appellate issues • Assess opportunity for dispositive motions • Evaluate judge's profile • Assess venue and potential jury pool • Evaluate insurance coverage issues • OPPOSITION RESEARCH • Evaluate opposing party legal claims • Analyze opponent's business concerns, motivations, litigation risk and collateral damage • Build opposing counsel profile • Analyze co-parties, joinder parties

  6. RANGE OF POTENTIAL RESULTS • Estimated range of damages • Other internal costs (e.g., management time, distraction, trade secrets) • Collateral impact (e.g., employees, customers, shareholders, reputation risk) • Potential criminal exposure • Financial responsibility of co-defendants • Insurance, indemnity, other potential sources

  7. STAGED BUDGET • Anticipated discovery • Number of days of depositions • Client e-discovery experience and platforms • Potential vendor fees • Potential expert fees • Other legal costs COST / BENEFIT ANALYSIS • Litigation risk factors • Business risk factors • Define successful resolution (e.g., result cost, time, distraction)

  8. STRATEGY • The litigation themes/timeline • Assimilate all data, environment, risk analysis • Check off against business and legal objectives • Consider alternative dispute resolution

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