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Articles Posted in Non-Law Firm Costs

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Total cost of litigation of Fortune 500 in 2006: $210 billion

This stunning estimate comes from eLawForum; even more dramatic, the article notes that $210 billion is one-third of the after-tax profits of the Fortune 500. The article in Met. Corp. Counsel, Vol. 16, Feb. 2008 at 28, explains that the estimate includes defense costs – certainly outside counsel but possibly…

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General counsel don’t prolong litigation to spread costs over multiple years

“Delaying resolution [of a lawsuit] spreads defense costs into next year’s budget. A case with a defense cost of $75,000 per year for three years actually looks better than a case resolved in one year with a $100,000 defense cost.” I don’t know which law departments John Henry, President of…

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Another way to spend your budget — an Internet survey on brand confusion

It is apparently common for a company accused of infringing another company’s trademark to survey shoppers in a mall, known as a “mall intercept.” A mall intercept commonly costs tens of thousands of dollars according to IP Law & Bus., Vol. 6, Feb. 2008 at 10. The article, however suggests…

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Varied rates for practice areas in legal fees paid compared to settlement costs paid

Practice areas have very different ratios of liability to defense cost, according to research by eLawForum. “In employment and asbestos litigation, the ratio is approximately one-to-one,” which means that for every dollar the defendant corporation pays in settlement [liability costs] it pays one dollar to a law firm representing it…

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DuPont’s spending on settlements and judgments – around $800 million in the past three years

A puzzle of metrics regarding DuPont’s legal spend now fits together. ACC Docket, Vol. 26, Jan./Feb. 2008 at 72, shows a chart prepared by DuPont that has three columns for each of the years 2002 through 2006. The columns depict DuPont spending on “settlements and judgments,” “outside costs,” and “recoveries.”…

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Total legal spending declines with revenue growth, and my recent article explains why

Having written post after post on total legal spending by companies and having tried to cover all the permutations of what can go into such figures, I began to wonder about total legal spending and the revenue of companies. Wondering some more, I formulated a number of reasons why that…

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An alleged unwillingness of in-house counsel to go to trial except for very important cases

A consultant’s article in Of Counsel, Vol. 27, Jan. 2008 at 8, argues that for several reasons law firms are facing a decline in litigation. Large firms are not referring cases, tort reform is reducing litigiousness, and “there seems to be unwillingness on the part of in-house counsel to go…