Symposium 2021 - Shortcuts and Pitfalls in Complex Litigation

You will learn the following from this presentation:

• What shortcuts are available to achieve early assessment and resolution of a case, including:
  • How a preliminary factual investigation can provide most of what you need to assess and arrive at the right strategy
  • How accelerating expert advice may clarify strategy and settlement value
• Managing the costs of complex litigation:
  • How staffing and duration are the key drivers of project costs
  • Why standard project budgeting is not predictive
  • How to ask the right questions around predicting timeliness and influencing timing
• Review of shortcut litigation tools, including:
  • Summary trials
  • Trials of an issue
  • Customized trial orders
• Review of mediation/arbitration shortcuts:
  • Mediation/Arbitration agreements
  • Baseball arbitrations as a means of achieving settlement
  • New expedited rules: pros and cons
  • Hardwiring timeliness
• Barriers to shortcuts and spoilers:
  • Deal baggage
  • Personal stakes
  • Institutional rigidity
  • False shortcuts