诉讼管理实用法律资源

Litigation Management A sampling of Thomson Reuters Practical Lawresources for in-house counsel. Our job is tomake yours easier •Government Practice: State andLocal•Health Care•Intellectual Property andTechnology Practical Law know-how coversthe following practice areas: Get expert guidancecombined with legal researchto quickly get up to speedand advise with confidence.Designed for in-housecounsel, Thomson Reuters®Practical Law Connect •Antitrust•Arbitration•Bankruptcy & Restructuring•Capital Markets and CorporateGovernance•Commercial Transactions•Corporate and M&A Practical Law Sectors coverage: •Alcohol, Tobacco & Cannabis•Construction•Financial Services•Food & Beverage •Media & Entertainment•Oil & Gas•Retail Key resources Practical Law Connectresources are written andmaintained by our expertteam of attorney editors and 1.Practice notes Get up to speed quickly withstraightforward how-to guidanceand clear explanations of current 2.Toolkits Easily access related resourcesthrough these one-stop shopsfor core areas of legal risk and 3.Standard documents and clauses Annotated templates withembedded drafting notes andclause-by-clause guidanceeliminate the need to start 4.Checklists Ensure you’ve covered all thebases or provide an outlineof considerations, timelines, “When I engage outside counsel, it is almost the mostvaluable time for me with Practical Law, because, at athousand dollars an hour, I don’t want to have to get a tutorialon things I can read about myself. I need their experience and Contents The following pages contain sampleresources from Practical Law Connect Checklist: Managing Litigation Practice Note: Winding Down a Litigation Other resources available on Litigation Management Practical Law Connect Managing Litigation Checklist by Practical Law Litigation Contents Resource presented as of May 15, 2025. Seethelive, maintained resource in Practical Lawfor subsequent changes. Underlined text links •Perform Early Case Assessment•Hire Outside Counsel–Separate Counsel for Employees–Insurance Considerations•Perform a Comprehensive Case Assessment–Joint Defense Agreements•Prepare a Litigation Budget A Checklistproviding a general overview of thekey steps involved in managing civil litigationbrought against a US company. This Checklistaddresses many aspects of litigation managementincluding case assessment, budgeting, insurance, •Settle the Case•Prepare for Trial•File an Appeal Perform Early Case •Review applicable contracts, if any, to determine whetherthe litigating parties are bound by analternative dispute resolutionclause. If so, the parties may need tomediateorarbitratethe dispute. For an overview of the mediationprocess in complex cases, seePractice Note, ComplexUS Mediation: Key Issues and Considerations. For an When the company receives a complaint: •Immediately inform management, theboard of directors,and the public relations department that the company has Hire Outside Counsel •Instruct employees generally not to speak publicly about •If the company’s legal department lacks the staff orexpertise to defend the company, hire outside litigationcounsel (for information on setting out the policies •Review and advise on any necessary publiccommunications. For a sample memo to instruct •Evaluate service of the complaint. If the company was notproperly served, it may move to dismiss the complaint atthe appropriate time (seeCommencing a Federal Lawsuit: •When engaging outside counsel, consider the firm’s: –reputation;–diversity;–expertise in the areas of substantive and procedurallaw governing the case;–track record with similar cases in terms of size, scope,and issues involved;–office size and location;–knowledge of the forum, judge, client, adverse parties, •Review the parties named in the complaint to determineif the company can contest service. For example, the –misspelled the company’s name;–named as the defendant the wrong company division •Check whether thestatute of limitationsfor any of theclaims has run. If so, the company may move to dismiss •Assess litigation size and scope. Depending on thenature of the case and the company’s potential liability –in-house counsel should represent the company; or–it should retain outside litigation counsel •Evaluate insurance policies. If the matter is covered byinsurance, the policy may require the insurer, instead of For additional factors law departments should consider intheir outside counsel selection process, see •Initiate alitigation holdto preserve relevant documentsand evidence (seeIssue a Litigation Hold). (See Reevaluate Insurance Coverage.) •If the company has never hired outside litigation counselor seeks to change current counsel, consider invitingseveral firms to participate in a competitive bidding •If the company or the insurer retains outside counsel,continue to play an active role throughout the litigation by: –asking questions about litigation strategy, posture, andavenues for se