Cost containment and risk management are key to the effective operation of any modern enterprise. When it comes to litigation, its potential for wildly varying expense and unmanageability can make even the most unflappable leaders rightfully uneasy. The road can be perilous, and false steps can be devastating for any organization.
Decision makers need predictability in as many facets of their operations as possible, using all the measurable factors that modern data tools can analyze. At Duane Morris, we've melded the experience of our hundreds of litigators with our advanced technological capabilities to create a diagnostic tool capable of giving clients an in-depth evaluation of risks and potential costs to help them decide whether to litigate, settle, arbitrate or mediate.
Building on a decade of work with early case assessment in varying forms, Dispute Navigation Analytics (DNASM) represents THE NEW GENERATION OF LITIGATION MANAGEMENT. The advantages of DNASM are that it codifies the process, offering clients a systematic, experientially-based methodology for decision making; builds a reliable road map with predictable inflection points; integrates perspectives and skill sets from non-litigation legal disciplines with potential bearing on a given case; and is founded on empirical cost data. Check out our DNASM Road Map for a look at the phased steps that go into producing this one-of-a-kind resource for corporate general counsel, C-suite executives and other decision makers.
DNASM factors in such variables as size of possible awards and punitive damages, venue, judicial history, jury dynamics and demographics, opponents and opponents' counsel, potential cost of discovery and e-discovery, likely number and expense of witnesses and many others. Working with clients, DNASM can even be customized to evaluate reputational issues specific to certain industries, markets and organizations, including potential impact on customers, shareholders, business partners, investors, lenders and more.
This isn't about pre-set pricing; it's about determining likely outcomes and collaborating with our clients to determine what is their best path. DNASM makes Duane Morris the client's ally in aligning trial considerations with budget, corporate strategy and other issues, from routine to bet-the-company considerations. The DNASM tool enables us to work together to create measured estimates that allow corporate leaders to make more informed choices. Simply put, Duane Morris and DNASM aid in making the unmanageable, manageable.
DISCUSS CLIENT OBJECTIVES & LITIGATION HISTORY
- Client business plans & objectives
- Litigation experienced?
- Relationship of litigation to business plan
- Attorney-Client privilege/protocols
- Filing deadlines
- Insurance coverage/ Indemnification/ Notices
- CEO, GC & key personnel interviews
- Identify litigation risks, collateral damage
- Assess client document system
- Freeze relevant email & documents
- Litigation hold memo
- Develop preliminary chronology
- Identify core documents
- Required filings/notices (SEC, government agencies, lenders)
- Interview critical client witnesses
- Early document assessment
- Identify key client documents
- Review company & industry prior litigation history
- Refine chronology
- Identify potential additional defendants
- Identify potential experts
LEGAL RESEARCH & ANALYSIS
- Analyze legal claims asserted
- Novel or well settled issues?
- Potential appellate issues
- Assess opportunity for dispositive motions
- Evaluate judge's profile
- Assess venue and potential jury pool
- Evaluate insurance coverage issues
- Evaluate opposing party legal claims
- Analyze opponent's business concerns, motivations, litigation risk and collateral damage
- Build opposing counsel profile
- Analyze co-parties, joinder parties
RANGE OF POTENTIAL RESULTS
- Estimated range of damages
- Other internal costs (e.g., management time, distraction, trade secrets)
- Collateral impact (e.g., employees, customers, shareholders, reputation risk)
- Potential criminal exposure
- Financial responsibility of co-defendants
- Insurance, indemnity, other potential sources
- Anticipated discovery
- Number of days of depositions
- Client e-discovery experience and platforms
- Potential vendor fees
- Potential expert fees
- Other legal costs
COST / BENEFIT ANALYSIS
- Litigation risk factors
- Business risk factors
- Define successful resolution (e.g., result cost, time, distraction)
- The litigation themes/timeline
- Assimilate all data, environment, risk analysis
- Check off against business and legal objectives
- Consider alternative dispute resolution
Click through the above arrow for examples of the phases of Duane Morris' Dispute Navigation Analytics.