How to Manage and Resolve Complex Commercial Disputes: A Practical Guide
With sweeping regulatory and market changes that continue to affect organizations, commercial disputes are also emerging with increased complexity. Thus, it is becoming more imperative for businesses to be well-equipped in managing and resolving these conflicts.
Being in the know of recent cases as well as dispute management trends is essential in developing effective resolution strategies. Lawyers and other litigation professionals should also be able to work together to obtain the best possible results for their clients.
In this LIVE Webcast, a seasoned panel of thought leaders and professionals will provide a practical guide on how to handle complex commercial disputes in today’s evolving legal climate. Speakers will discuss significant issues such as the use of process maps in identifying breakdowns, current settlement dynamics, and economic loss quantification in light of competing legal theories.
Some of the major topics that will be covered in this course are:
- Complex Disputes Breakdown
- Mediation or Arbitration or Litigation?
- The ESI Conundrum
- Settlement Dynamics
- Economic Loss Quantification in Light of Competing Legal Theories
- Financial Experts’ Quantum Conclusions
- Best Practices
- Identify the best practices in various areas/stages of commercial disputes such as forum selection, reputational risks, and damages determination
- Recognize the potentials of process maps and effective team management
- Determine the considerations in determining damages, handling electronically stored information (ESI), and negotiating settlements
- Determine the significant issues for financial experts
Rogge Dunn, Managing Partner
Rogge Dunn Group, PC
- Immediately identify, legal issues, witnesses and key evidence
- Collect and protect key ESI and documents
- Early review and analysis of issues and evidence
- Create cause of action chart
- Conduct early mock trial
- Determine cost to take matter to summary judgment stage and to trial
- Seek early mediation based on liability and damage analysis
- If mediation is unsuccessful, formulate game plan for prosecution/defense of the lawsuit
Robert B. Milligan, Partner
Seyfarth Shaw LLP
- How use of process maps can help identify breakdowns in complex process and areas for improvements on efficiencies
- How effectively managing teams, assign responsibilities and accountability checks can help breakdown complex disputes into their constituent parts
- How isolating core exposure issues and preparing targeted motions on such items with the backdrop of using a well suit discovery referee or mediator can more efficiently resolve complex disputes.
Eric N. Macey, Partner
Novack and Macey LLP
- Analyzing backwards -- damages, damages, damages!
- Mediation or Arbitration or Litigation?
- The ESI Conundrum
- Settlement Dynamics
Sid Jaishankar, Managing Director
Duff & Phelps
- Understand and appreciate, as best possible, the competing legal theories of the case and the paradigm or construct within which the valuation or economic loss quantification will be rendered;
- Have an awareness of the other issues that are outside of the financial expert’s core competence and how they may be implicitly or explicitly relying on the opinions set out in the expert reports of other professionals retained by Counsel;
- Ensure that the financial expert has access to all the relevant document productions and transcripts of depositions in the proceeding so that they can consider all the available pertinent information prior to forming their opinion; and
- Prepare a reconciliation or “walk” between the quantum conclusions of the two financial experts, focusing on the items which drive the largest differences and the related pros and cons of the competing positions for each.
Who Should Attend:
- Commercial Litigation Lawyers
- Dispute Resolution Lawyers
- Business Lawyers
- General Counsel
- Top-Level Executives
Sid Jaishankar, CPA, CA, CFA, CBV joined Duff & Phelps in 2010. He is a Managing Director in the Toronto office and part of the Canadian Disputes and Investigations and Valuation Advisory Services practices. Sid has more than 15 years of experience in business and securities valuation, damages quantification and expert testimony.
Sid specializes in the areas of business and securities valuation and damages quantification. He hasprepared and critiqued numerous expert reports that have been accepted by various Canadian courts in respect of business valuation and damages quantification pursuant to a variety of dispute matters including, but not limited to, commercial, intellectual property, tax and securities litigation. He has also prepared valuation reports for non dispute purposes and has particular expertise in developing cost of capital estimates.
Sid Jaishankar, CPA, CA, CFA, CBV joined Duff & Phelps in 2010. He is a Managing Director in the Toronto …
Rogge Dunn is a trial attorney and counselor for Fortune 500 companies, wirehouses and prominent Financial Advisors, executives and entrepreneurs. Dunn has developed a specialty involving significant matters in the financial industry. This includes regulatory issues, wrongful discharge, moving teams, OTRs, non-competes, the Protocol for Broker Recruiting, promissory note defense and forfeiture of deferred compensation.
He has twice set the largest wrongful discharge arbitration award against Goldman Sachs for FAs in California. (Breaking Dunn’s own record). Most recently he obtained a $7.6 million Award against Goldman Sachs in a FINRA arbitration in Los Angeles.
Dunn has won more than $2 billion in judgments and settlements for his clients. He has represented more than 10 FAs in Barron’s national top 100 financial advisors. Dunn has won million dollar jury verdicts or arbitration awards in California, Texas, Louisiana and Arkansas.
Rogge Dunn is a trial attorney and counselor for Fortune 500 companies, wirehouses and prominent Financial Advisors, executives and entrepreneurs. …
Eric N. Macey is a founding partner of Novack and Macey LLP, a sophisticated business litigation boutique. He has extensive trial experience in state and federal courts throughout the country, as well as in various alternative dispute resolution settings. His clients consist of a wide range of business corporations and institutions, investment ventures, closely-held companies, partnerships and individuals. Mr. Macey is consistently rated as one of the top 100 Lawyers in Illinois per Super Lawyers, is recognized by Chambers USA for commercial litigation, is named on Best Lawyers Magazine’s “Best Lawyers in America” list for commercial and real estate litigation, and was selected by Best Lawyers as the “Lawyer of the Year” in 2017 and 2019 for real estate litigation in Chicago. Mr. Macey has also been an adjunct professor at Northwestern University Law School for many years co-teaching the “Discovery” seminar.
Mr. Macey received his A.B. (1973) magna cum laude from Princeton University. He received his M.A. (1975) in Communications from the Annenberg School of Communications, University of Pennsylvania, and his J.D. (1978) with High Honors from the George Washington University Law School where he was Order of the Coif and a member of the George Washington Law Review.
Eric N. Macey is a founding partner of Novack and Macey LLP, a sophisticated business litigation boutique. He has extensive …
Robert B. Milligan is a partner in the Litigation and Labor & Employment Departments of Seyfarth Shaw LLP. Robert co-chairs the firm's national Trade Secrets, Computer Fraud & Non-Competes practice group. His practice encompasses a wide variety of commercial litigation and employment matters, including general business and contract disputes, unfair competition, trade secret misappropriation and other intellectual property theft. His practice focuses on trade secret, non-compete, and data protection litigation and transactional work on a state, national, and international platform. Robert represents clients in state and federal courts in complex commercial litigation and employment litigation. His experience includes trials, binding arbitrations and administrative hearings, mediations, as well as appellate proceedings. Robert also provides advice to clients concerning a variety of business and employment matters, including non-disclosure, non-compete, and invention assignment agreements, corporate investigations, and trade secret and intellectual property audits.
Robert B. Milligan is a partner in the Litigation and Labor & Employment Departments of Seyfarth Shaw LLP. Robert co-chairs …
Print and review course materials
Method of Presentation:
On-demand Webcast (CLE); Group-Internet Based
General knowledge of commercial litigation
NY Category of CLE Credit:
NASBA Field of Study:
Accounting – Technical
2.0 CPE (Not eligible for QAS (On-demand) CPE credits)
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About Duff & Phelps
Duff & Phelps is the global advisor that protects, restores and maximizes value for clients in the areas of valuation, corporate finance, investigations, disputes, cyber security, compliance and regulatory matters, and other governance-related issues. They work with clients across diverse sectors, mitigating risk to assets, operations and people. With Kroll, a division of Duff & Phelps since 2018, the firm has nearly 3,500 professionals in 28 countries around the world.
About Rogge Dunn Group, PC
We have extensive experience handling a variety of matters across the U.S. in the financial industry space. Indeed, one of our partners, Josh Iacuone, is a licensed FINRA arbitrator. We have taken on and defeated the big firms like Goldman Sachs, BBVA, and UBS.
We transition teams to new firms, handle TROs, fight off non-competes and non-solicits, ensure that the broker recruiting protocol is followed (for signatories), defend against promissory note enforcement, help financial advisors, Branch Managers and financial executives with severance, regulatory issues, letters of education and FINRA investigations. We have a track record of recovering FAs/RMs deferred compensation forfeited by former employers. We assist FAs, Branch Managers and financial executives protect their reputations, handle expungements and the marking and filing of U-4s and U-5s. We have represented more than a dozen of Barron’snational top 100 financial advisors.
About Novack and Macey LLP
Novack and Macey LLP is a sophisticated business and commercial litigation boutique that represents both defendants and plaintiffs in a wide variety of disputes, involving trial and appellate practice in state and federal courts and arbitrations. The Firm is known for representing clients in high-stakes business litigation, with a particular emphasis on financial services, commercial real estate, energy, gaming, manufacturing, closely-held companies and partnerships, and in representing other lawyers and law firms.
About Seyfarth Shaw LLP
At Seyfarth Shaw, we are leading the way to deliver legal services more effectively, more efficiently, more transparently. Seyfarth Shaw LLP provides thoughtful, strategic, practical legal counsel to client companies and legal teams of all sizes. With more than 900 attorneys in the U.S., London, Shanghai, Hong Kong, Melbourne and Sydney, we offer a national platform and an international gateway to serve your changing business and legal needs in litigation, employment, corporate, real estate and employee benefits.
We have gained acclaim for our innovative SeyfarthLean® client service model, which incorporates the core principles of Lean Six Sigma to the delivery of legal services, and we continue to develop new reporting and project management tools for greater transparency and collaboration with our clients.
Our efforts have contributed to our recognition by in-house counsel as ‘Best of the Best’ for client service within the BTI Consulting Group's Client Service A-Team and being named by the Financial Times U.S. Innovative Lawyers Report among the most innovative law firms.