3. Trends
Hogan Lovells’ leading Litigation and Arbitration practice
carried out a survey on cross border disputes
Survey included 146 senior lawyers and executives across 18
industries from the world’s largest multinational corporations
The key findings and trends revealed by the survey are given
in forthcoming slides
8. Areas of law in which cross border
disputes occur most frequently
9. Challenges of Multijurisdictional
Litigation
Finding experienced counsel
Lack of familiarity with territories involved
Managing Differences in legal systems
Coordinating local counsel across jurisdictions
Board scrutiny intensifying around cross border
disputes
10. Concerns relating to multijurisdictional
litigation
Impact on-going
business
Uncertainty
Exposure /
Liability
Reputational
Risk
Cost
14. Delivering results through efficient project
management
• Litigation is like any major business undertaking.
• Project management techniques allows lawyers to:
– scope the litigation,
– budget it rigorously,
– identify the timeline,
– work with clients to deliver what has been agreed, at the
time that it has been agreed, and on budget.
• Use a project manager to
– report,
– monitor,
– and assess developments on a case
15. Early case assessment:
steps to success
• How much are those issues worth to your company?
• What do you need to assert your position effectively and put pressure on your
opponent to back down?
• Who and where is your key witness? What and where are your key
documents? What are your best legal arguments?
• Identify clearly the commercial benefits and risks of escalating a dispute to
formal litigation. How do they balance?
• What is your exit strategy from litigation? Once you have begun the litigation,
how can you stop it?
• Early case assessment is a project management tool that answers these
questions in an analytical, commercial, and cost-effective way.
16. Cooperating with other defendants
• Plaintiffs will often sue multiple defendants.
• To ensure that privileges are maintained, consider entering into
joint defense agreements at the more global and local levels.
• Defendants can often settle their respective liabilities at the same
stage they settle with plaintiffs.
• In multi-jurisdictional litigation, this process will be complicated,
but may lend itself to a series of defense arrangements, based on
subsets of cases grouped by common defendants, or perhaps
where common plaintiffs’ counsel is on the other side of a series of
proceedings
17. Public relations strategies
• Retain national counsel to coordinate and monitor all cases.
• Communications and public relations representatives can be an integral part of your defense
team.
• This will be important from the perspective of :
– staying abreast of the filing of new cases around the country,
– monitoring case developments
– how those developments are being portrayed in traditional and social media
– determining the how and when to publicize the company’s message.
• The timing and manner in which your company attempts to preempt anticipated negative
reporting as damage control, or decides to strategically respond to mounting media attention
may impact on litigation in one or more forums.
• Staying on top of the way case developments are being reported by various media in the
different jurisdictions where cases are pending will help to integrate your communications and
legal positions.
• Significant litigation strategies that could adversely reflect on the company’s image should be
vetted with your communications representatives;
• Company press releases should be run by your in-house and/or national counsel before being
released; and your local counsel should be instructed concerning permissible and off-limit
interactions with the media.
18. Conclusion
• Cross-border disputes have become a reality
Social Media
Internet
High Level of Awareness
• Exposure
Enormous – Cost and Reputation
Cascading Effect
• Glocalization
Promoting consistency and Global Strategies
AND [At same time]
RM – RS - Relevant Market - Relevant Strategy
