Hello again everyone. I have been working on my annual “cool tech” post, but it’s not ready for prime time as I am still sifting through things. The amount of tech out there (cool or otherwise) is amazing. And since I want to give you my best recommendations, I am going to work on it for another week or so. Instead (and because I am a big believer in keeping to a regular publishing schedule), I thought I would put out a current index to all of the “Ten Things” posts from post number one in November 2014 to last month’s post about things to think about before hitting send. There are a lot of posts and this edition of Ten Things lists them all (which is kind of the point of an index but I digress):
litigation
Ten Things: Ten Questions To Ask Yourself Before Hitting Send (Lessons From the Trenches)
I was cleaning out some old files in a filing cabinet (yes, that’s still a thing) and I came across some plastic cards we had made up when I was head of litigation at a large technology company many moons ago. My team and I created the cards to help the business focus on key compliance issues, i.e., providing them cards with lists of easy-to-remember rules that could help keep them – and the company – out of trouble. They were about the size of a business card (that may not be a thing anymore…)[1] and were laminated so they would last forever.[2] And here in front of me were several different cards we had prepared close to twenty years ago. They included tips on competition law compliance, how to report a violation of the company handbook, and (my personal favorite) how to write smart emails that won’t end up as Exhibit A at trial. I remembered why we created these in the first place, especially the email card: If you have ever lived through big litigation (or any litigation for that matter), you understand just how deadly a poorly drafted email can be.
And deadly is right. I lived through several painful and protracted litigated disputes, and I can attest that emails (ours and theirs) were front and center, blowing up in faces like Wile E. Coyote-endorsed ACME product. The only thing missing was a sign for free birdseed. There were lots of lessons learned by unfortunate executives (and yours truly). Back then, I decided to take those lessons and create something useful to showcase basic rules to help the business – and the lawyers – write smarter emails (and other documents). As I read through the card, I realized that I had forgotten some of the lessons. And, yes, that failure has bitten me in the ass more than a few times. So, I decided it would be a good idea to write them out here for you – and for me. This edition of “Ten Things” sets out questions you should ask yourself about the email before you hit send:
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Ten Things: Managing Litigation – a Primer for In-House Counsel
As you know, I enjoy getting suggestions for blog topics from you – the readers of the “Ten Things” blog. A few weeks ago I received a note from the general counsel of a small legal department at a relatively new company that was involved in its first material piece of litigation. Yuck. She was a bit lost on how to manage it all and asked if I had any pointers. I did. As someone whose career started as a litigator and who came to the general counsel role through the litigation side (rare), I managed a lot of litigation and I understand how risky, painful and frustrating litigation can be for in-house lawyers. Additionally, if you are not someone who spends a lot of time with litigation, it can be a bear to manage and keep from becoming a runaway time-suck and money pit. I have written about what to do when you first receive a lawsuit, how to explain litigation to the business, and in-house counsel’s role during trial, but I have overlooked a truly important task, i.e., how to manage litigation. This edition of “Ten Things” looks to remedy that oversight. While this post is aimed at those who rarely deal with litigation, I think several of the points will resonate with crusty veterans as well:
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Ten Things: Your Company Has Just Been Sued. Now What?
It’s hard to recall a more disconcerting feeling than getting a copy of a lawsuit filed against your company. If you have no experience with litigation, this can be a panic-inducing moment. And no matter how experienced you are handling litigation, your stomach will start to flutter as you read through the allegations.
I was a litigator in private practice and I definitely saw my share of litigation, big and small as in-house counsel. Over the course of that time, I developed a standard list of “things to do” when a lawsuit came across my desk. I did this because it’s easy to forget some basic things you need to do up-front to put yourself in the best position to defend the claim. Below are ten things to do when your company gets sued (I have added links to additional resources in key spots).
Ten Things You Need to Know as In-House Counsel® 