Find Lawyers in Indiana, United States for Bet-the-Company Litigation
Practice Area Overview
Bet-the-company cases create unique challenges. Counsel inside and outside the company must respond to several alarmed constituencies, including insiders (management, the board, employees, shareholders, investors); outsiders (customers, vendors, lenders, insurers), and regulatory authorities (to name only a few: SEC, FTC, FDA, EPA, and DOJ and their international counterparts). Counsel must conduct every aspect of the litigation with the needs and desires of these sometimes conflicting constituencies constantly in mind.
The company may face multiple investigations: congressional, criminal, regulatory, as well as special quasi-governmental commissions and internal investigations conducted by the company itself or by other parties. Counsel must deal with these investigations understanding that decisions made early on can have an enormous impact on the outcomes of investigations, subsequent litigation, and on the ultimate resolution.
Litigation may erupt in multiple jurisdictions (federal, state, international) and in multiple forms (criminal, civil, administrative, arbitral). The company may face multiple litigation adversaries, including the United States Department of Justice, State Attorneys General, regulatory counsel, and private counsel for adverse parties. Parties aligned with the company will have their own counsel, constituencies and agendas. The formal and informal coordination of all these proceedings and parties will impact the duration, cost and course of the litigation. The reputation of the company’s lead counsel – in part pre-existing and in part earned over the course of the litigation – will be critical in dealing with all these tribunals, parties, and attorneys.
Bet-the-company cases require an ability not only to navigate in these different environments, but also to see how the moving parts fit together. That in turn is the key to a more important ability: to work out, with the client, a plan – a plan that will be constantly adjusted – to get from the chaotic beginning to a satisfactory resolution.
It is best in bet-the-company cases to have a lead lawyer responsible for coordinating the varied teams of lawyers needed to handle, under a coherent plan, all these facets of the problem – teams with varying types of expertise, drawn from multiple firms, and often working in different locations. With leadership, cohesive teams can solve extraordinary problems.
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Cities
Randy Brown is a first-chair trial attorney involved in complex commercial litigation. For nearly three decades, Randy has defended major class actions, tried dozens of cases throughout the country, and acted as lead counsel in multiple appeals in Indiana and before the U.S. Court of Appeals for the Federal Circuit. Randy is chair of the firm's Litigation Department and managing partner of the firm’s Fort Wayne office. Listed among The Best Lawyers in America in multiple litigation disc...
Andrew J. Detherage is a partner in the Indianapolis and Los Angeles offices of Barnes & Thornburg. Andrew serves on the firm's Management Committee. He is admitted to practice in Indiana and California. He also is co-chair of the firm's Insurance Recovery and Counseling Practice Group, which was named by Law360 as a 'Practice Group of the Year.' Andrew represents clients in litigated matters throughout the United States and has appeared in courts in more than 35 states. His practice conc...
Robert T. Keen Jr. is a trial lawyer who focuses his litigation practice in the areas of commercial litigation, insurance defense, premises liability, products liability, employment litigation, and the defense of lawsuits filed against local governments and police officers. Bob has tried hundreds of cases in state and federal courts across the State of Indiana for businesses, insurance companies, and governmental entities. In 2006, Bob was inducted as a Fellow in the American College of Trial...
A trusted adviser and passionate advocate, John Maley is skilled in advocating before trial and appellate judges, juries and mediators who rely upon his assessment of the case at hand. Whether on attack or defense, John’s understanding of diverse industries and the sophisticated legal issues that permeate complex disputes is at the core of his success as a litigator and trial attorney. John regularly represents publicly traded and private companies in regional and national litigation, t...
Michael C. Terrell is a partner in the firm's Labor and Employment Law practice group. He is chief employment counsel for numerous international and domestic companies engaged in various industries, including manufacturing, real estate, banking, construction, entertainment and high tech. He concentrates his practice in all aspects of labor and employment law, with a particular emphasis on prevention and defense of employment litigation. His practice includes employment litigation in federal a...
Lynn C. Tyler is a partner and registered patent lawyer in the firm’s Intellectual Property Department. Mr. Tyler helps innovative companies secure and preserve their market position and competitive advantage by navigating their way through the FDA to the marketplace and enforcing their intellectual property rights, which often must be protected against imitators who seek to reap where they have not sown. He litigates intellectual property matters and represents clients at virtually all...
Mark Warsco has lengthy experience as a litigator and focuses his practice on commercial workouts and bankruptcy, construction, commercial real estate, commercial litigation and business representation. Mark has represented numerous secured creditors in commercial loan workouts, primarily in the middle-market area between $2 million to $10 million. Mark has also represented the creditors’ committee in several large regional bankruptcy cases including Driggs Farms of Indiana, Progressive...
Joe's practice focuses on commercial disputes, with experience representing heavy equipment manufacturers, real estate development and construction companies, utilities and entities involved in energy trading. Joe has authored briefs to the United States Supreme Court and the United States Court of Appeals for the Seventh Circuit and has argued before the Indiana Supreme Court and Indiana Court of Appeals.Joe is admitted to practice law in the United States Supreme Court; the United States Co...
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