Broadcast Date: Thursday, August 20, 2020 from 3:00 pm to 5:00 pm (ET)
With sweeping regulatory and market changes that continue to affect organizations, commercial disputes are also emerging with increased complexity. Thus, it is becoming more imperative for businesses to be well-equipped in managing and resolving these conflicts.
Being in the know of recent cases as well as dispute management trends is essential in developing effective resolution strategies. Lawyers and other litigation professionals should also be able to work together to obtain the best possible results for their clients.
In this LIVE Webcast, a seasoned panel of thought leaders and professionals will provide a practical guide on how to handle complex commercial disputes in today’s evolving legal climate. Speakers will discuss significant issues such as the use of process maps in identifying breakdowns, current settlement dynamics, and economic loss quantification in light of competing legal theories.
Some of the major topics that will be covered in this course are:
Complex Disputes Breakdown
Mediation or Arbitration or Litigation?
The ESI Conundrum
Economic Loss Quantification in Light of Competing Legal Theories
Financial Experts’ Quantum Conclusions
Identify the best practices in various areas/stages of commercial disputes such as forum selection, reputational risks, and damages determination
Recognize the potentials of process maps and effective team management
Determine the considerations in determining damages, handling electronically stored information (ESI), and negotiating settlements
Determine the significant issues for financial experts
Sid Jaishankar, CPA, CA, CFA, CBV joined Duff & Phelps in 2010. He is a Managing Director in the Toronto office and part of the Canadian Disputes and Investigations and Valuation Advisory Services practices. Sid has more than 15 years of experience in business and securities valuation, damages quantification and expert testimony.
Sid specializes in the areas of business and securities valuation and damages quantification. He hasprepared and critiqued numerous expert reports that have been accepted by various Canadian courts in respect of business valuation and damages quantification pursuant to a variety of dispute matters including, but not limited to, commercial, intellectual property, tax and securities litigation. He has also prepared valuation reports for non dispute purposes and has particular expertise in developing cost of capital estimates.
Rogge Dunn, Managing Partner Rogge Dunn Group, PC
Rogge Dunn is a trial attorney and counselor for Fortune 500 companies, wirehouses and prominent Financial Advisors, executives and entrepreneurs. Dunn has developed a specialty involving significant matters in the financial industry. This includes regulatory issues, wrongful discharge, moving teams, OTRs, non-competes, the Protocol for Broker Recruiting, promissory note defense and forfeiture of deferred compensation.
He has twice set the largest wrongful discharge arbitration award against Goldman Sachs for FAs in California. (Breaking Dunn’s own record). Most recently he obtained a $7.6 million Award against Goldman Sachs in a FINRA arbitration in Los Angeles.
Dunn has won more than $2 billion in judgments and settlements for his clients. He has represented more than 10 FAs in Barron’s national top 100 financial advisors. Dunn has won million dollar jury verdicts or arbitration awards in California, Texas, Louisiana and Arkansas.
Eric N. Macey, Partner Novack and Macey LLP
Eric N. Macey is a founding partner of Novack and Macey LLP, a sophisticated business litigation boutique. He has extensive trial experience in state and federal courts throughout the country, as well as in various alternative dispute resolution settings. His clients consist of a wide range of business corporations and institutions, investment ventures, closely-held companies, partnerships and individuals. Mr. Macey is consistently rated as one of the top 100 Lawyers in Illinois per Super Lawyers, is recognized by Chambers USA for commercial litigation, is named on Best Lawyers Magazine’s “Best Lawyers in America” list for commercial and real estate litigation, and was selected by Best Lawyers as the “Lawyer of the Year” in 2017 and 2019 for real estate litigation in Chicago. Mr. Macey has also been an adjunct professor at Northwestern University Law School for many years co-teaching the “Discovery” seminar.
Mr. Macey received his A.B. (1973) magna cum laude from Princeton University. He received his M.A. (1975) in Communications from the Annenberg School of Communications, University of Pennsylvania, and his J.D. (1978) with High Honors from the George Washington University Law School where he was Order of the Coif and a member of the George Washington Law Review.
Robert B. Milligan, Partner Seyfarth Shaw LLP
Robert B. Milligan is a partner in the Litigation and Labor & Employment Departments of Seyfarth Shaw LLP. Robert co-chairs the firm’s national Trade Secrets, Computer Fraud & Non-Competes practice group. His practice encompasses a wide variety of commercial litigation and employment matters, including general business and contract disputes, unfair competition, trade secret misappropriation and other intellectual property theft. His practice focuses on trade secret, non-compete, and data protection litigation and transactional work on a state, national, and international platform. Robert represents clients in state and federal courts in complex commercial litigation and employment litigation. His experience includes trials, binding arbitrations and administrative hearings, mediations, as well as appellate proceedings. Robert also provides advice to clients concerning a variety of business and employment matters, including non-disclosure, non-compete, and invention assignment agreements, corporate investigations, and trade secret and intellectual property audits.
Immediately identify, legal issues, witnesses and key evidence
Collect and protect key ESI and documents
Early review and analysis of issues and evidence
Create cause of action chart
Conduct early mock trial
Determine cost to take matter to summary judgment stage and to trial
Seek early mediation based on liability and damage analysis
If mediation is unsuccessful, formulate game plan for prosecution/defense of the lawsuit
Robert B. Milligan, Partner
Seyfarth Shaw LLP
How use of process maps can help identify breakdowns in complex process and areas for improvements on efficiencies
How effectively managing teams, assign responsibilities and accountability checks can help breakdown complex disputes into their constituent parts
How isolating core exposure issues and preparing targeted motions on such items with the backdrop of using a well suit discovery referee or mediator can more efficiently resolve complex disputes.
Eric N. Macey, Partner
Novack and Macey LLP
Analyzing backwards -- damages, damages, damages!
Mediation or Arbitration or Litigation?
The ESI Conundrum
Sid Jaishankar, Managing Director
Duff & Phelps
Understand and appreciate, as best possible, the competing legal theories of the case and the paradigm or construct within which the valuation or economic loss quantification will be rendered;
Have an awareness of the other issues that are outside of the financial expert’s core competence and how they may be implicitly or explicitly relying on the opinions set out in the expert reports of other professionals retained by Counsel;
Ensure that the financial expert has access to all the relevant document productions and transcripts of depositions in the proceeding so that they can consider all the available pertinent information prior to forming their opinion; and
Prepare a reconciliation or “walk” between the quantum conclusions of the two financial experts, focusing on the items which drive the largest differences and the related pros and cons of the competing positions for each.