"Why It Pays to be Prepared," Energy & Mining International

In an article published in Volume 17, Issue 2B of Energy & Mining International, Judah Lifschitz discusses tips for power & energy owners when faced with bet-the-company litigation, as an unfavorable verdict can have very real financial implications for a project and at times for the company itself.

He advises owners to assemble a team of technical and legal experts early on. “In litigation, it’s never about luck. It’s about doing a deep dive on the facts, testing the viability of every conceivable claim and counterclaim and then producing a realistic risk assessment,” Lifschitz shares. “That includes legal costs, because it can be a pyrrhic victory to spend a lot of money to get a favorable verdict.”

Additionally, Lifschitz cautions owners to carefully select counsel. “I always am incredulous to see companies start their lawsuit preparation with lawyers who have seldom or never been to trial and tried cases to verdict,” he shares. “Winning at trial, or leveraging a favorable settlement, is a special skill, and preparation begins long before you get to the courtroom.”

Part of preparation is recognizing that most cases are won or lost or forced into favorable settlements long before a trial date is set. This is a less glamorous but critical phase of litigation. “Good lawyers will approach this phase with surgical precision, aiming to cripple the opponent’s case before it gets to trial,” explains Lifschitz. “More than 30 years of experience in high-stakes cases has taught me that discipline, experience and thorough preparation are the most important factors in obtaining favorable results for clients and are key to emerging unscathed from potentially company-ending litigation.”

For the full article, click here.