Avoidance of a protracted dispute often serves our clients’ best interests. And where avoidance is not possible, we help our clients thoroughly prepare for the fight. Our focus on the front end of commercial transactions and during the nascent stage of potential conflicts includes the following:

• Drafting contract provisions for indemnification, venue, choice of law, forum selection and alternative dispute resolution
• Training on the attorney-client privilege, attorney work-product doctrine, document retention policies and litigation holds
• Assisting with early advice on document management and strategies for addressing potential e-discovery requests
• Responding to letters from opposing parties on potentially emerging disputes
• Strategizing and counseling prior to a dispute
• Preparing and responding to demand letters
• Assisting with drafting and implementing litigation hold messages for document collection
• Developing pre-litigation ADR measures
• Leading internal investigation of potential civil/regulatory violations

Preparation is a cornerstone of our counsel, whether our clients find themselves in the earliest stages of a potential dispute or need first-chair, proven trial excellence and litigation depth to prosecute or defend full-blown litigation.

Drawing upon firmwide resources as appropriate, we offer a highly effective litigation risk assessment to help clients achieve better case resolutions early and we provide a range of approaches to mitigate and manage litigation claims and threats, including the following:

• Emergency motions for temporary restraining orders (TROs) and preliminary injunctions
• Arbitration demands and complaints for damages and/or injunctive relief
• Litigation claims investigation and analysis
• Litigation holds and document management
• Compliance with federal, state, administrative and arbitral tribunal litigation orders
• Witness depositions: taking, defending and preparing witnesses for depositions and evidentiary hearings
• Rule 30(b)(6) corporate representative witness depositions
• Expert witness reports and testimony development, as well as opposing expert witness depositions
• Motions to dispose of some or all claims
• Pre-trial mediation
• Development of litigation graphics and visual aides
• Pre-trial case and witness preparation
• Mock trials and focus groups
• Juror interviews/voir dire, jury selection and jury trials in federal, state and tribal court
• Bench trials in federal, state and tribal court
• Administrative proceedings before federal and state agencies
• Arbitrations before JAMS, AAA or other agreed-upon, third-party neutrals
• Post-trial strategies, counsel, briefing and mediation

When clients find themselves involved as a non-party to a lawsuit or agency investigation, we offer full guidance at every juncture, including responding to third-party subpoenas; managing document production in response to third-party subpoenas; and preparing witnesses for non-party depositions pursuant to third-party subpoenas.