Controlling the Narrative: Early Case Assessment and the Myth of the 'Not Winnable' Case

With the economy in disarray, the number of employment lawsuits has, quite literally, exploded.

In the past, companies would often choose to settle employment cases, regardless of merit, simply to avoid the expense and inconvenience associated with participating in a lawsuit. Not any more.

Companies, and upper management, are tired of being wrongfully accused of treating employees in a manner that was unfair or discriminatory. It is time, many feel, to take the target off their backs. As a result, in-house attorneys are being instructed to fight the meritless cases, regardless of the cost. And that is exactly what is happening ... or is it?

THE PROBLEM: Too often, the general counsel is told that a particular case is a "strong" one for the company, with few, if any, major problems. The decision is made that you will not settle for anything other than nuisance value, and proceed to prepare the case for trial or disposition by summary judgment.

The case proceeds with expensive document and e-discovery, even more expensive discovery disputes, depositions which consume an incredible amount of company time and resources, and quite possibly, a very expensive summary judgment motion that is rejected — in whole or in part — by the court.

To Continue Reading: Click Here
-------------------------------------------
Source: law.com
By: Portia Moore and Theodore Prosise