Find Lawyers in Maine, 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.
Dave Barry is Pierce Atwood’s managing partner. Previously, Dave was chair of the firm’s Litigation Practice Group, representing clients in a wide variety of complex litigation and counseling clients on how to avoid or minimize the risks and burdens of litigation. Dave also chaired the firm’s Government Investigations and White Collar Criminal Defense practice. He regularly manages complex business litigation in federal and state courts and has extensive experience assisting...
For 20 years, Randy Creswell has represented national and regional lenders, banks, financial institutions, private equity firms, secured and unsecured creditors, lessors and lessees, and other interested parties in consumer and complex commercial cases under Chapters 7, 11, and 13 of the Bankruptcy Code. He has handled innumerable out-of-court workouts, receiverships and other insolvency proceedings, and he has extensive experience representing Chapter 7 trustees, Creditor Committees, stalkin...
Dick’s litigation and appellate practice focuses primarily on business and commercial disputes, employment law, education law, and civil rights cases that are typically resolved in federal court. He frequently appears in the U.S. District Courts for the Districts of Maine and New Hampshire and in the U.S. Court of Appeals for the First Circuit. Dick devotes a significant portion of his practice to the representation of individuals with disabilities and their families, often in cases ari...
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