In-house litigation counsel have a lot on their plates these days. On top of managing budgets and risks, they have to devise strategic litigation approaches and supervise outside counsel. And they always need to be thinking about the endgame for each piece of litigation they oversee, whether settlement, arbitration or trial — including the appeal.
Sophisticated trial counsel generally know the basics of making objections and a record for appeal. Where litigation has particularly significant stakes, the stress of complex appellate strategy can (and usually should) be offloaded to outside appellate counsel. But that means in-house counsel must still determine what to do with tricky appellate issues before then.
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