Risk Management

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Larger companies are often faced with litigation throughout the country and in multiple jurisdictions. Kutak Rock presents an exceptional value for those clients whose businesses include a high volume of litigation matters involving actions in numerous states because of our highly qualified attorneys, a rate structure significantly lower than those of firms of comparable size and capability, and our nationwide network of offices.

We have extensive experience managing large litigation caseloads for several Fortune 500 companies. As an example, we have served as national counsel for a top global manufacturer for more than 15 years and direct a comprehensive defense strategy on thousands of cases. Through this and other risk management efforts we allow the client to control all aspects of litigation and the opportunity to identify and refine procedures which produce the most favorable results.

Kutak Rock works with each client to manage risk. We understand each client wants and needs to conduct its business, execute business plans and work for the shareholders of the company. Since most companies are not in the business of litigation, our interest is to manage litigation where it exists and take steps to eliminate future litigation. Our attorneys measure success by how well we have limited risk and reduced our clients' costs associated with litigation.

The Risk Management of Individual Claims. Kutak Rock's Risk Management team concentrates on the resolution of severe and complex matters. We aim at ending those extreme and compelling claims and lawsuits which, in many cases, present substantial liability, attorneys' fees, damages and adverse precedent risk for the company and its shareholders. The cases resolved and the risk eliminated by Kutak Rock have included numerous commercial lawsuits; products, consumer, medical and employment class actions; and severe tort claims, including products liability and pharmaceutical suits and construction and design failures.

The model we employ is unique, and we frequently present to clients, risk managers and through CLE endeavors.

Our primary goal is to work with the client to end litigation and to prevent future claims.

The Risk Management of Repetitive Claims. This legal emphasis at Kutak Rock focuses upon the threat to companies posed by the organized plaintiffs' bar and the mass filing of claims. For more than 20 years we have served as national counsel for leading U.S. and international companies on repetitive claims and mass tort litigation. The model that Kutak Rock's National Coordinating Counsel team has developed for defending mass tort and repetitive claims is unique among national counsel mass tort and repetitive claims activities, and the effectiveness of our model is unsurpassed in the avoidance of risk for the client.

The success of a national counsel should be judged by a different set of criteria than would be applied to an individual defense counsel on an individual case. We believe it is critical to have a strong understanding of company purpose and goals, litigation history and precedent. A national counsel must develop a far greater perspective on the company than a singular defense counsel. Our attorneys understand that while a local defense counsel might need to be retained, national counsel must carefully select, train, supervise and direct the local counsel, minimizing variation in the defense while allowing for individualized consideration of particular plaintiffs firms and any jurisdictional needs that may arise. Unless controlled, the demands on the witnesses and potential experts are highly disruptive for the defense and harm the company.

Kutak Rock's National Coordinating Counsel team consistently manages mass litigations to keep them from growing, and has eliminated mass tort litigation for a number of clients. Our goal is to end the existing risk and to prevent future risk.