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1. Please give an overview of the types of claims and issues that may arise in litigation to which a company is a party.
2. What strategic factors are relevant to the decision to litigate, rather than to settle, a civil claim? How and when should that decision be reviewed?
3. How can a decision to embark on litigation affect a public company’s value/shareholders? Must shareholders be given notice of a decision to litigate?
4. What particular concerns would a private company have in corporate litigation?
5. What considerations are relevant to choice of forum? What are the relative advantages/disadvantages of litigation, arbitration, etc?
6. When is a jury trial available/mandatory? What are the possible advantages/disadvantages of a jury trial for corporate parties to litigation?
7. What practical steps must a company take to ensure that documentary evidence is preserved for the purposes of possible future litigation?
8. What techniques and strategies can a company adopt to ensure that a case is managed as efficiently as possible? What contribution can modern technology make?
9. What practical steps can be taken to limit a company’s exposure to its own litigation costs?
10. What have been the main reasons for class actions against companies? What steps have been taken to contain the growth of class actions?
11. What particular difficulties are raised by class actions, and what practical strategies can be adopted to address them?
12. How can national coordinating counsel benefit a company in class actions and multijurisdictional litigation?
13. Please briefly explain the potential importance of expert evidence. What strategies can be adopted to ensure that expert evidence is both independent and persuasive?
14. What difficulties arise in settling class actions, and how can such difficulties be overcome?
15. What types of legal and factual issues commonly arise in anti-trust litigation? Are such issues suitable for ADR or arbitration, or must they be determined by litigation?
16. Please explain the potential importance of expert evidence in anti-trust litigation.
17. What types of remedy may be ordered by a court in anti-trust disputes?
18. What types of legal and factual issues commonly arise in securities/shareholder/compliance litigation? Are such issues suitable for ADR or arbitration, or must they be determined by litigation?
19. What sanctions and remedies are available to the court? Can a company insure against the cost of such remedies/sanctions?
20. Is there scope for private civil actions against a company for breach of the Sarbanes-Oxley Act? If so, to what remedies may such actions give rise?
21. How may a company’s legal advice privilege be impacted by the necessity of proving compliance with the relevant legislation?
22. In what circumstances may a company be made liable for the acts or omissions of individuals? How can a company best protect itself from such liability?
23. In what circumstances may individual directors, shareholders, managers and employees be made liable in securities/shareholder/compliance litigation? What steps can such individuals take to protect themselves from such liability?
24. What practical issues are raised by the need to call present and ex-directors, shareholders or employees as witnesses in litigation? Can/should an unwilling witness be subpoenaed? What practical steps can a company take to protect its position in this regard?
25. What types of issue may give rise to litigation between a company and its employees? Are such issues suitable for arbitration or ADR?
26. What practical issues are raised by the need to call present and ex- employees as witnesses in litigation? Can/should an unwilling witness be subpoenaed? What practical steps can a company take to protect its position in this regard?
27. What provisions should a company include in its contracts of employment in order to protect itself from litigation?
28. What provisions should a company consider including in any settlement with employees?
29. Under what circumstances are corporations held criminally responsible for the acts of their employees?
30. Under what circumstances will individual directors, shareholders, managers or employees be made liable for the acts or omissions of the company?
31. What steps can individuals take to protect themselves from such liability?
32. How does the law approach the issue of the state of mind of a company for purposes of criminal liability? Which individual state(s) of mind are relevant for these purposes?
33. Is it possible for a company to insure against criminal liability?
34. What have been the most recent developments in connection with corporate criminal liability?
35. What is RICO?
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