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10. High-Stakes Litigation and Investigations: Steering Our Clients Through Shifting Tides

  • Review the growing trend of high-stakes litigation and government investigations, where the risks of not settling include significant reputation harm, defense costs, damage awards, and, depending on the cause of action, attorney's fees awards.
  • Discuss the information a general counsel needs to inform the tough decision whether to settle such matters—and at what costs and under what terms—or to fight, and when and how to inform and involve the president and board in this decision-making process.
  • Survey the tools available to assess judge and damage award trends, and the role of mock juries and jury consultants to assess risk as well as prepare for trial
  • Identify the defense and indemnity issues to anticipate in working with insurance companies on high-stakes matters.

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