Risk Avoidance, Transfer & Management
An ounce of prevention is worth a pound of cure. In addition to insurance policy review and placement, we create and employ cutting edge contract terms, methods, tools and techniques to avoid, minimize and manage risk, to resolve claims and to propel you beyond your personal and business risks. Our contractual protection and claims resolution services include all stages of customer care, collaboration, negotiation, mediation, litigation, arbitration, judicial reference, court and jury trials, writ proceedings, and appeal.
Clients
Public and private companies, LLCs, joint ventures, partnerships, shareholders, associations, schools, non-profit organizations and individuals.
Successes
- Entered into dozens of bank assignments of rights and recoveries to resolve the losses of dozens of homeowners from a leaking reservoir.
- Entered into a Mary Carter agreement that avoided any client payment after prevailing for millions of dollars against a co-defendant.
- Made statutory offers of compromise that allowed our clients to obtain more money from plaintiffs than was awarded against them.
- Obtained assignments of rights with covenants not to execute from defendants to obtain and increase recoveries against their insurers and indemnitors.
- Engaged in a mock jury trial with simultaneous juries where the highest amount awarded was $80 million and settled the suit for our defendant client for less than one percent of that amount.
- Engaged in a mock arbitration with three retired judges and settled the suit for our defendant client for less than a third of their award.
- Enjoined opposing counsel from violating a confidentiality clause.
- Obtained a substantial recovery for our plaintiff client despite losing on a determinative legal issue based on a high-low recovery agreement.
- Reduced the verdict against our defendant client based on a pre-verdict per-juror recovery agreement.