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Litigation and Disputes -- Domestic and Cross-Border
International disputes and litigation present special challenges to leading courtroom advocates, who typically are dealing with one-off, “zero-sum” situations – unlike their corporate counterparts whose practice frequently involves the opportunity to build continuing relationships and repeat business.
Sub-optimal results often arise in trans-border litigation because litigation lawyers may lack the tools to identify and manage the cultural and other barriers to complete mutual comprehension of the parties’ orientation, biases and expectations.
Without displacing any aspect of the responsibilities of lead litigation counsel, my 35+ years of dealing with the nuances of complex cross-border disputes can provide a high-value and precisely targeted niche addition to resource teams, particularly those handling large international matters, in the following areas.
Dispute Evaluation
Early-stage dispute assessment and evaluation, including collaboration with investigative and forensic teams, crisis management strategy development, assessment of alternative dispute jurisdictions, and evaluation and implementation of potential early resolution methods.
Cross-border Discovery
Management of discovery in multi-national litigations, including the coordination and resolution of conflicting laws and regulations regarding privacy, confidentiality and privilege; cross-border techniques for the taking of evidence; and personnel and cultural issues in depositions and trial testimony.
Negotiation and Resolution
Dispute and litigation resolution techniques in all forms and at all stages, including mediation and arbitration as well as civil trials and government regulatory proceedings. Particular focus on the importance of identification and management of cultural and other expectation barriers in context of multi-national situations.
Risk Assessment, Management and Strategy
Evaluation, development and implementation of quality assurance and other risk management programs, with particular emphasis on multi-location and international environments.
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