Avoiding and Managing US Business Litigation Risks: A Comprehensive Guide for Business Owners and the Attorneys Who Advise Them

An invaluable resource for individuals tasked with addressing the challenging topic of US business litigation risks. 

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Details

  • Publication date: March, 2021
  • Pages: 457
  • ISBN: 978-1-78358-406-2

Description

Why are companies so frequently sued in the United States, and how might these business litigation liabilities be avoided through preventative measures and more effectively managed? This book answers those two weighty questions. The central premise of the work is that many costly and protracted lawsuits in the US are traceable to unforced errors companies make time and again. By better understanding the sources of commercial litigation, preventive steps can be implemented, reducing these risks. The author draws on two decades of experience defending companies throughout the US in almost every conceivable type of commercial litigation. He applies a “lessons-learned” approach from these experiences, to examine how corporate defendants can avoid claims by developing and enhancing their litigation risk profile.

The book is written for a diverse audience. The primary intended audience is attorneys who may find it useful as desk-reference for quickly accessing relevant information and issue-spotting for their clients. But the book will also interest any person – lawyer or non-lawyer – whose responsibilities include managing US litigation risks. These persons include those in venture capital, CFOs and other members of management, risk management and compliance professionals, and entrepreneurs seeking to implement best practices as they launch a start-up. Whether as an initial overview of the subject matter or a useful desk-reference, Avoiding and Managing US Business Litigation Risks is an invaluable resource for individuals tasked with addressing this challenging topic.

Learn more: www.litigationrisks.com

Contents

PART ONE: UNDERSTANDING WHY COMPANIES ARE ENSNARED IN COSTLY LITIGATION

Chapter 1: The Five Cs of Business Litigation Risks



PART TWO: CORPORATE GOVERNANCE LITIGATION RISKS – CLAIMS FROM SHAREHOLDERS AND OTHER CONSTITUENTS OF THE BUSINESS

Chapter 2: Basics of Corporate Governance Litigation

Chapter 3: Ten Sources of Corporate Governance Lawsuits



PART THREE: LITIGATION RISKS FROM COMMERCIAL CONTRACT DISPUTES

Chapter 4: Core Issues in Breach of Contract Litigation

Chapter 5: Strategies for Managing Litigation Risks Arising from Commercial Contracts

Chapter 6: Lawsuits Arising from Negotiations and Implied Obligations



PART FOUR: CUSTOMER CLAIMS INCLUDING CONSUMER PROTECTION CLASS ACTIONS, PRODUCT LIABILITY AND BREACH OF WARRANTY CLAIMS

Chapter 7: Customers Presenting Consumer Protection and Class Action Risks

Chapter 8: A Framework for Identifying Consumer Class Action Risks

Chapter 9: Three Additional Litigation Risks Specific to Product Sales and Distribution

Chapter 10: Strategies for Mitigating Specific Customer Litigation Risks

Chapter 11: Claims Relating to Data Privacy and Cybersecurity



PART FIVE: COMPETITOR LAWSUITS INCLUDING MISAPPROPRIATION, INTERFERENCE, INTELLECTUAL PROPERTY AND ANTITRUST CLAIMS

Chapter 12: Litigation Risks Relating to Competitors



PART SIX: CREWMEMBER LITIGATION – CLAIMS BROUGHT BY, BECAUSE OF, OR AGAINST EMPLOYEES

Chapter 13: Crewmember Claims and other Liabilities Relating to Employees 



PART SEVEN: LITIGATION MANAGEMENT AFTER A LAWSUIT IS FILED

Chapter 14: The Essentials of Commercial Litigation Management

Chapter 15: Foundational Litigation Management Decisions

Chapter 16: Managing the Litigation Process from Discovery to the Conclusion of the Matter

 

Authors

Kent Schmidt
Kent Schmidt is a partner at the international law firm of Dorsey & Whitney LLP, and is based in California. His practice includes virtually all types of business litigation, with an emphasis on unfair business practices, trade secret litigation, consumer class actions, product liability, securities litigation and enforcement, commercial disputes, and environmental claims. Having spent his entire legal career at Dorsey, Kent often collaborates with partners in other offices around the world. Besides his commercial litigation practice, Kent speaks to and advises companies on how to avoid litigation claims, develop compliance policies and strategies, and conduct internal investigations.

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