New Trends in Litigation Risk Outcomes: Hedging Against a Worst Case Scenario with Kevin Skrzysowski and William Marra

Are there ways to transfer the risks of major litigation liabilities after a lawsuit has been filed?

Effectively managing litigation risks entails understanding what litigation risk transfer vehicles are available to companies. The most apparent way to transfer risk is obtaining appropriately comprehensive liability insurance prior to a claim being filed. Today’s sophisticated legal market brings new ways to allow a company to hedge liability, limiting exposure in connection with even pending litigation. In this episode, I interview Kevin Skrzysowski and William Marra of Certum Group, exploring how litigants can use these litigation risk transfer products when facing bet-the-company litigation claims, or for those on the plaintiff side, reduce the potential of losing out on a litigation investment.

If you have any comments or feedback on this episode, drop me a line at schmidt.kent@dorsey.com.

This podcast is not legal advice and does not establish an attorney-client relationship or create any duty of Dorsey & Whitney LLP or those appearing in this podcast to anyone. Although we try to assure that the content of this podcast is accurate, comprehensive, and reflects current legal developments, we do not warrant or guarantee those things. The opinions expressed in this podcast are the opinions of those appearing in the podcast only and not those of Dorsey & Whitney. This podcast is considered attorney advertising under the applicable rules of certain states.

To Arbitrate or Not to Arbitrate—That is the Question with Richard Silberberg

How does one thoughtfully weigh the pros and cons of arbitrating a commercial litigation dispute? Are there ways to reduce some of the downsides to private arbitration?

Managing litigation risks includes thinking about the process and forum by which commercial disputes will be resolved. Yet, there is no consensus among business transactional and trial lawyers on whether arbitration provisions are advantageous in most commercial transactions. In this episode, I interview my longtime mentor and New York City-based partner, Richard Silberberg as we tackle the topic of arbitration provisions and discuss how to approach the question of whether and how to agree to an arbitration.

Further resources

• Read the ABA Litigation Journal article mentioned in this episode of SharkCast:

Debunking Mispercerptions--The Upsides of Commercial Arbitration.pdf

Download PDF • 140KB

If you have any comments or feedback on this episode, drop me a line at schmidt.kent@dorsey.com.

This podcast is not legal advice and does not establish an attorney-client relationship or create any duty of Dorsey & Whitney LLP or those appearing in this podcast to anyone. Although we try to assure that the content of this podcast is accurate, comprehensive, and reflects current legal developments, we do not warrant or guarantee those things. The opinions expressed in this podcast are the opinions of those appearing in the podcast only and not those of Dorsey & Whitney. This podcast is considered attorney advertising under the applicable rules of certain states.

Working with In-House Counsel and Developing a Trial Theme with J Jackson

How can outside and in-house counsel work collaboratively in preparing for litigation?

Managing litigation effectively is a collaborative process among trial counsel, in-house lawyers, c-suite executives and others in the company. It is imperative that all participants in the process work together for a successful result. In this episode, I explore these topics with my partner and mentor, J Jackson.  A seasoned trial lawyer, J draws on his decades of experience, and discusses how he works from the beginning of the case to the conclusion of trial, including the crucial step of developing a case theme for trial.

If you have any comments or feedback on this episode, drop me a line at schmidt.kent@dorsey.com.

This podcast is not legal advice and does not establish an attorney-client relationship or create any duty of Dorsey & Whitney LLP or those appearing in this podcast to anyone. Although we try to assure that the content of this podcast is accurate, comprehensive, and reflects current legal developments, we do not warrant or guarantee those things. The opinions expressed in this podcast are the opinions of those appearing in the podcast only and not those of Dorsey & Whitney. This podcast is considered attorney advertising under the applicable rules of certain states.