Clients benefit from our experience with all manner of courts and tribunals, including both domestic and international arbitration. Mayer Brown has experience in all forms of alternative dispute resolution—indeed, we were founding members of the Centre for Effective Dispute Resolution (CEDR). Many of our lawyers sit as professional mediators and some are also members of the Chartered Institute of Arbitrators. We have a growing number of solicitor advocates with rights of audience in the higher civil courts.
Mayer Brown’s litigation practices are recognized as some of the most distinguished and accomplished in the world. Among them, our Supreme Court & Appellate group is a top-ranked appellate litigation practice in the United States. In recent years, we have played a major role in the cases that developed the law in such areas as punitive damages, federal preemption, class certification and the standards for the admissibility of scientific evidence. Our commitment to cutting-edge legal analysis and outstanding written and oral advocacy permeates every aspect of our firm’s Litigation practice.
Our Electronic Discovery & Records Management group focuses on addressing the problems of electronic discovery and records management. The group works closely with our other litigators to ensure that discovery is managed effectively and efficiently throughout the litigation process. Internationally, cross-border disputes often give rise to complex questions of jurisdiction and applicable law. We have the experience to address these issues as well as the reach to be able to conduct litigation seamlessly across Asia, Europe and the United States.
Approach to Litigation
Our litigators tailor strategic and cost-effective approaches for each case. By evaluating the strengths and weaknesses of a client’s position, we are able to clearly assess the options at each stage of the litigation cycle and adjust our strategy accordingly. Understanding evidence and recognizing the difference between an arguable case and a winnable one is at the heart of our ability to recommend the optimum strategy.
From the moment we are retained, we think through the entire case and look for creative ways to resolve the dispute at the earliest opportunity—efficiently and with the least risk—while always considering ourclients’ business objectives. Our lawyers have successfully tried hundreds of cases. Just as importantly, however, we have spared our clients the risks and costs of trial in hundreds more cases by winning early dismissal or summary judgment.
Success requires fighters as well as tacticians. A business client cannot expect to achieve its objectives in a dispute—whether measured in terms of a favorable settlement, winning a dispositive motion, prevailing at trial or winning on appeal—unless the lawyers handling the case know how to try it. A credible trial threat discourages both frivolous litigation and unrealistic settlement demands. Successful trial lawyers cut through the haze and focus on the critical factual and legal issues on which the case turns. Our skills in this area have been developed, in part, thanks to significant experience working as national coordinating counsel of complex, multi-jurisdictional proceedings.
Our trial lawyers understand that a “one size fits all” attitude to handling litigation ensures only a poor fit. That is why we approach each matter with a critical eye: assessing the case individually and weighing the available litigation options. We begin with a litigation risk assessment that considers the settlement, alternative dispute resolution and trial options while devising strategies applicable not only to the trial level, but to any potential appeals.
- Risk Assessment: We work closely with each client to mitigate the risks involved in any litigation, taking into account the associated financial and operational constraints that must influence and control the course of litigation.
- Early Dispute Resolution: In the early stages of litigation, it is critical to map out a comprehensive plan designed to achieve our client’s business and legal objectives. As soon as a lawsuit has been filed (or before, if possible), we conduct a thorough pre-trial assessment to analyze the risks posed by actual or threatened litigation. Based on that risk assessment, we tailor a strategy that is appropriate both substantively and economically to develop defenses, secure critical evidence, identify and retain consultants and potential experts and work to balance public perceptions.
- Alternative Dispute Resolution: Disputes are more frequently being resolved outside of a courtroom setting. Our lawyers are experienced with arbitration, mediation, mini-trials and other forms of alternative dispute resolution (ADR) in both the United States and internationally. With this experience, we are able to identify the best forum for a dispute based on the case and our client’s goals.
- Trial: With our deep bench of experienced trial lawyers, including a number of former Assistant US Attorneys, Mayer Brown is able to handle trials and build successful defenses in virtually every scenario. We work with the client to identify and develop the critical factual, scientific, legal and appellate issues early in the process. We then identify the best forum for testing important legal theories and coordinate motion practice for maximum impact. We also devise closure, settlement and trial strategies as early in the case as possible, and revisit these strategies as the litigation evolves, continuously assessing the risks and benefits of aggressive litigation, settlement opportunities and all other options.
- Appeal: With a top-ranked appellate litigation practice in the United States, Mayer Brown is particularly qualified to handle every aspect of litigation from early risk assessment through appeal. Appellate issues are considered and protected throughout the course of the litigation. The care with which we develop a record in trial court—both legal and factual—is especially important in plaintiff-friendly jurisdictions where victory may have to await appeal. With an appellate strategy already crafted in the lower court, the prospects for a successful appeal are greatly enhanced.