A Look at Bet-the-Company Litigation Presentation

1. A Look at Bet-the-Company
Litigation

2. •Neal Marder, chair of Winston & Strawn’s class actions practice in Los
Angeles, has successfully defended high-profile corporate clients in a
range of class action lawsuits. The complex civil actions at the center of
Marder’s practice also include bet-the-company suits.

3. •Bet-the-company litigation involves cases in which the survival of a small
or large corporation hinges on the outcome. The corporate defendant may
be a new start-up business run by a single individual, or a large
multinational corporation. The matters in contention can involve any
number of areas, including allegations of securities fraud, intellectual
property issues, product liability, and antitrust concerns. The common
bond among bet-the-company suits is their complexity, and general
counsel frequently calls in colleagues whose practices focus strongly on
this type of case.

4. •A bet-the-company defense will require a very different calculation of a
company’s risks than general commercial litigation. These cases often
involve a number of plaintiffs and a multifaceted discovery process.

5. •Another complication results when the media becomes involved. Bet-thecompany suits often draw increased press and public attention, with the
chance that misinformation will spread.

6. •Professionals assisting the defendant will need to understand best
practices in dealing with media inquiries and maintain constant awareness
of how the case is affecting the defendant’s day-to-day business
operations.