Managing Perils Of Workforce Reductions During Litigation

In an article from Bloomberg BNA, Sidley & Austin attorneys Isaac S. Greaney and Eric G. Hoffman provide some tips for handling a potentially critical situation. Companies embroiled in major litigation or a government investigation often find themselves in circumstances where it makes business sense to downsize the business or part of the business that is involved in the matter. This raises the possibility that the case could be compromised by the termination of a witnesses who the litigators expect to rely on or who is the custodian of information that will be relevant to the case. One recommendation is to address this possibility in the separation agreement. Another: to collect information regarding the matter “early and often.