Complex Litigation Management

Over the course of her legal and executive career, Ms. Di Benedetto has seen the exponential increase in litigation and the propensity to use it as a business tool rather that as a means to resolve a legitimate dispute.   She also understands that juries in particular do not always take the evidence and apply the law given to them, but, rather, infuse their decision making with their own experiences and beliefs.   Her experience as a litigator and trial attorney informs her business advice to clients, including the importance of well documented contracts and clear business terms,  a progressive dispute resolution procedure, a “win-win” approach to business relationships, and a realistic assessment of chances of success.   Ms. Di Benedetto firmly believes that how one does business, including the respect and professionalism of the parties, is as important as what is accomplished in the business transaction.  However, when litigation occurs, Ms. Di Benedetto offers strategic advice about the appropriate  role of the board and the executive team in high stakes litigation, particularly the importance of access to outside counsel handling the matter.  She also advises on informed selection of outside counsel, as there is a difference between “litigators” and “trial attorneys” who actually have experience trying cases to a jury.  Depending on the type of forum – a “bench” trial to a judge, versus a jury trial, versus an arbitration or mediation, the strategies are different. Strategies and chances of success also differ depending on venue, such as state court versus federal court.  Much of the cost of litigation is consumed with “e-discovery,” meaning the production of texts, emails, memos, power points, consultant reports, and all manner of digital documents.  Ms. Di Benedetto advises on retention and destruction policies, how to appropriately minimize or manage the production of potentially damaging documents, and when to engage consultants – from expert witnesses to jury consultants.