Hindsight is 20/20. When a lawsuit is done, I do an after-action report to look for lessons learned. I’ve always found at least one thing I’ll do differently next time.
External counsel, like me, has an unfair advantage to also look back on what our clients did before we jumped in. We can see how an in-house counsel’s early moves with a human relations matter impact a company’s position in litigation. Some HR issues can slip past in-house counsel new to handling them. These are blind-side risks. Let’s take a moment — without laying any blame — to highlight five of those risks.
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