Litigation Support & Management

Rich works closely with management and litigation counsel to identify risks, opportunities, and solutions, and to mitigate exposure and expense.

  • Drafting of pleadings and discovery
  • Management of discovery process
  • Conduct settlement negotiations
  • Negotiate and draft settlement agreements
  • Litigation management
  • Establish/implement litigation counsel selection process and guidelines on billing and communication processes
  • Establish and monitor budget process with litigation counsel

Representative Transactions

  • Client software developer was sued for breach of warranty; damages claim of $25m.
    Outcome
    Successful settlement discussions resulted in plaintiff withdrawing claim; no damages paid and minimal legal expense incurred.
  • Client software vendor was sued for breach of contract by long-time client that de-installed and converted to competing vendor in which it held an ownership interest.
    Outcome
    Client found not liable; attorney fees were awarded to my client.
  • Manufacturer improperly terminated reseller agreement; client reseller invoked arbitration rights.
    Outcome
    Successful arbitration led to the profitable sale of existing accounts to the manufacturer, reduction of client’s expenses, and preservation of end users' investments.
  • Several instances of clients contracting with state or county government entities, followed by a losing bidder seeking disclosure of the winning contract under the state’s freedom of information act (FOIA) or freedom of information law (FOIL).
    Outcome
    Successfully limited disclosure to the minimum required by law, thereby avoiding the disclosure of trade secret information such as technology specifications and implementation methodologies.
  • During license negotiations with a large municipal hospital, the state filed ethics charges against my client’s sales employees, alleging improper contacts with government officials during a mandatory black-out period.
    Outcome
    Ethics complaint settled and license agreement was signed with no adverse publicity.