When facing a large lawsuit, corporate general counsel sometimes need to remember to the CEO and the board of directors informed about the litigation. Neither senior management nor the directors have much, if any, experience with litigation. GCs can avoid a lot of frustration and second-guessing by taking the time upfront to explain the litigation process to them and provide regular updates thereafter.
Because GCs need sign-off from the CEO or board regarding many decisions, including settlement authority, alternative dispute resolution (e.g., mediation) and budgeting, GCs will avoid second-guessing by keeping senior management and the board fully informed. This column provides a check list for GCs.