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Know What the Case Demands Before the Case Dictates the Strategy
Major litigation is a strategic and business event — not just a legal one. The most effective organizations supplement their legal team with independent judgment: on potential exposure, on timing, on reputational impact and when to fight and when to seek resolution.
Through Early Neutral Evaluation and broader litigation strategy services, FedArb’s former general counsels, experienced judges, and seasoned litigators provide that perspective with no stake in the outcome and no agenda beyond yours.
FedArb engagements can focus on a single significant dispute or help an organization strengthen how it evaluates and manages conflict more broadly.
Early Neutral Evaluation
FedArb provides an objective outside perspective on the merits, risks, economics, and strategic choices in a significant dispute.
Independent case assessment
Determine what a matter is truly worth through an independent, objective perspective.
Exposure & risk mapping
Model realistic downside scenarios before they materialize.
Settlement strategy & positioning
Identify the right moment and key terms from experienced professionals with no stake in the fight.
Litigation funding implications
Assess whether third-party funding changes your risk profile or leverage.
Tactical & strategic counsel
Guidance on navigating key inflection points from pre-litigation and across the litigation arc.
Pre-trial mock & decision reviews
Independent review and evaluation of strategy and arguments before critical junctures.
Litigation Governance Program
FedArb helps organizations build frameworks for evaluating significant matters and making litigation decisions consistently.
Litigation governance and early case assessment protocols
Build a repeatable process for assessing significant matters early including merits, exposure, business impact, cost, resolution options, decision roles, and escalation points.
Dispute resolution clause review
Ensure your agreements commit you to forums that serve your business and provide for a prevention and resolution process that meets your needs.
Insurance coverage review
Identify coverage and work with insurance counsel to protect against litigation risk.
Litigation funding implications
Assess whether third-party funding changes your risk profile or leverage.
Board & business leader education
Equip leaders to make informed decisions and ask the right questions.
Litigation economics & funding review
Understand the true cost of time, funding options, and resolution timing.
There is probably no more important role that a litigation head has than ensuring that their company has taken all steps to avoid litigation where possible and, if unavoidable, to have a robust and objective view of all the issues litigation might bring.
— Noah Hanft, Former General Counsel, MasterCard
Experienced Perspectives for Critical Litigation Decisions
Joe Braunreuther
Dep. General Counsel
Johnson & Johnson
Complex Litigation; Antitrust and Competition Issues
Ruben Castillo
U.S. District Court,
Northern District Illinois
Complex Commercial Litigation, Consumer Fraud; Patents, Copyright, and Environmental
Hon. Elizabeth H. Emerson (Ret.)
New York State Supreme Court Commercial Division
M&A, Finance, and Governance Disputes
Noah Hanft
Former General Counsel of MasterCard
Introduced early dispute resolution and early case assessment protocols to MasterCard
Kurt Hansson
Retired Partner, Paul Hastings
Instrumental in developing GE’s Early Case Assessment program
David M. Hashmall
Chairman Emeritus of
Goodwin Procter
Antitrust, Complex Commercial Litigation, Intellectual Property and Technology Disputes
Dennis P. Lynch
Chief Litigation Counsel at Tyco International
Managed worldwide post-crisis Tyco Cleanup
Elpidio “PD” Villarreal
Senior Litigator at General Electric
Schering Plough (now part of Merck), Glaxo Smith Kline and Allergan
David J. Sorkin, Esq.
Chief Legal Officer at KKR
Advised on TXU, HCA and RJR Nabisco buyouts while at Simpson Thacher
Trusted in High-Stakes Matters
What Clients Say
FAQs
Early Neutral Evaluation, or ENE, is an independent assessment of a dispute by an experienced neutral. The evaluator reviews the merits, potential exposure, litigation risks, business considerations, and possible paths to resolution to help parties and legal teams make more informed decisions.
FedArb Early Neutral Evaluation engagements can be tailored to the needs of a particular matter and may include case assessment, exposure and risk analysis, settlement strategy, litigation economics, and review of key strategic decisions.
An Early Neutral Evaluation can be useful whenever an independent perspective may improve a significant litigation decision. Companies may seek an evaluation before filing or responding to a claim, during discovery, before major motions, while considering settlement, or as trial approaches.
An evaluation can also be helpful when legal, financial, reputational, or business considerations make the consequences of a dispute broader than the legal merits alone.
FedArb Early Neutral Evaluations are conducted by experienced neutrals selected for the needs of the matter. Depending on the dispute, that may include former general counsel, former judges, and seasoned litigators with relevant legal, industry, or case-management experience.
The goal is to provide an independent, objective perspective from someone with no stake in the outcome.
The scope depends on the matter. A FedArb Early Neutral Evaluation may include assessment of the merits, potential exposure, downside scenarios, settlement posture, litigation economics, strategic inflection points, third-party funding implications, and preparation for significant motions or trial.
The engagement can be focused on a single question or provide a broader assessment of the dispute and available strategic options.
Early Neutral Evaluation and early case assessment are related but distinct.
An Early Neutral Evaluation applies independent outside judgment to a specific dispute. An early case assessment is typically an internal process used by a company or legal team to evaluate a matter early and consistently.
FedArb can provide an independent Early Neutral Evaluation of a specific matter and can also help organizations develop early case assessment protocols for future disputes.
A litigation governance program establishes a consistent process for evaluating and managing significant disputes across an organization.
FedArb can help companies develop protocols addressing early case assessment, merits and exposure, business impact, litigation cost, resolution options, decision roles, escalation points, and involvement of business leaders or the board.
The objective is to make important litigation decisions using a repeatable process rather than developing the approach separately for each matter.
Early Neutral Evaluation focuses on a specific dispute. Litigation governance focuses on how an organization evaluates and makes decisions about significant disputes more broadly.
A company might use an Early Neutral Evaluation to obtain an independent view of a particular case while using a litigation governance program to establish consistent processes for assessing future matters.
Yes. FedArb panelists can provide independent perspective at critical points throughout a matter, including pre-litigation, settlement discussions, major motions, preparation for trial, and other strategic decision points.
The scope can be tailored to a single decision or continue across multiple stages of the litigation.
Yes. An independent evaluation can help parties assess realistic exposure, identify strengths and vulnerabilities, consider litigation costs and business consequences, and evaluate when and on what terms settlement may make sense.
The evaluator provides perspective to inform the client's decision; the engagement does not require the parties to settle.
Yes. FedArb can incorporate mock proceedings or independent reviews of arguments and strategy before important litigation events. Mock exercises can help legal teams understand how experienced judges, litigators, or other neutrals may react to key arguments, witnesses, or strategic choices.
Yes. Where third-party litigation funding is involved, FedArb panelists can assess how funding may affect litigation economics, risk, leverage, and resolution strategy.
Early Neutral Evaluation can be useful in significant commercial and business disputes where an independent assessment could improve decision-making. The appropriate evaluator can be selected based on the legal issues, industry, procedural posture, and strategic questions presented by the matter.