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PRACTICE AREAS
Products Liability & Mass Tort
Legacy Liability
The creativity employed in the scores of mergers, acquisitions, divestitures and reorganizations of the 1980s and 1990s have created many unforeseen problems. Which company has responsibility for today's claims? Legacy liabilities often include mass torts. Companies can face a true onslaught of business issues in this area – from SEC disclosures to dealing with bond rating agencies; from strategic litigation management to planning for future claims; from managing historic insurance coverage to evaluating new insurance products, and in all cases, reporting to senior management and the Board on all cases, strategies and actions in progress.
These many issues are often part of a legacy liability problem. When the impact is upon your company, you'll see first-hand how these issues are large, complex, multi-dimensional and fast-moving, going far beyond the challenges of typical litigation matters. In addition, these legacy liability matters are an inherent risk of every past merger and acquisition.
To address these and related issues, Butler Rubin provides the following service approach:
- Rapid Evaluation – we work with management and others to rapidly define the scope of the problem. For many companies, our evaluation includes assessing open claims and lawsuits, creating a case claim management database, investigating past M&A transactions for their consequences, identifying unique risks, conducting an investigation of corporate history, and evaluating or starting management of insurance assets.
- Analysis and Recommendations – with rapid evaluation data and direct information on a company's business goals and objectives, we then develop models and conclusions to guide strategy. Our goal is to think like the "Chief Litigation Officer" – in terms of containing exposure as well as the implications of litigation on all aspects of the company.
- Strategic Litigation Management – we serve as national counsel for the underlying litigation and work with outside consultants to manage data and quality control. Our work involves devising company "themes" for litigation as well as critical sub-issues such as selecting/managing local counsel, resource allocation, ongoing data development and communication. Our experience prosecuting insurance coverage litigation gives us management know-how in working with other outside lawyers who concentrate in asbestos coverage litigation.
In litigation of this magnitude, success demands the ability to work in teams and coordinate tasks, strategy and data.
Our team has extensive experience in the following areas:
- Asbestos knowledge and trial experience – includes serving as lead trial counsel in various states;
- Litigating and Managing Claims – on behalf of formerly related companies for rights under common insurance policies;
- SEC Disclosure Practice and Public Company Issues – with particular knowledge of FAS 5, SEC 103 issues and board briefing experience and specifically with audit committees;
- Mass tort litigation experience – including representing major defendants in complex litigation in Illinois and other jurisdictions;
- Management-level case/litigation oversight – including resource allocation issues and settlement decisions as well as coordinating with outside counsel, consultants and all aspects of data management for large case litigation; and
- Coordination with outside consultants – in related areas such as insurance coverage, economic analysis and environmental investigation.
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