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A Partner at Butler, Dean S. Rauchwerger practices in our Subrogation and Recovery, Product Liability, Aviation, and Casualty Defense Litigation departments. His practice concentrates on complex, high-profile, multi-million dollar, large loss recovery matters on a national basis in Federal and State Courts. Dean’s subrogation practice has covered extraordinary building fires, large scale industrial accidents, myriad of explosions, and other disasters involving substantial property damages and lost profit claims. He has prosecuted a variety of loss recovery claims around the country and globally, including self-insured corporate recoveries against responsible third parties, achieving eight-figure, multi-million dollar recoveries. Many of these disasters have been recognized by the National Fire Protection Association on their annual listing of Large Loss Fires and Explosions. Dean’s extensive experience includes the catastrophic fire at the First Interstate Tower in Los Angeles, California, the World Trade Center explosion, the massive explosion of an ammonium nitrate fertilizer manufacturing facility, Chicago’s Holy Name Cathedral fire, major explosion and fire at a coal-fired electric utility, metal halide fire litigation, flooding of a high-rise New York City office building, rail car explosion involving chemical waste materials, and a host of other industrial accidents and commercial and business disputes. Dean achieved a record seven figure unanimous jury verdict in Douglas County, Kansas for a catastrophic manufacturing plant explosion.

Dean earned his Bachelor of Arts and Doctor of Jurisprudence degrees from Washington University in St. Louis in 1981 and 1984, respectively.

Dean has considerable experience in substantial multi-party, complex matters. For several years, Dean’s practice was dedicated to aviation–related claims and litigation, involving air crash accidents, aviation property damage, wrongful death and bodily injury, cargo carriers, fixed based operators and airport environmental losses. Dean was involved in high profile aviation accidents, including defending a major air carrier against personal injury and wrongful death claims in multi-district litigation arising out of the Flight 232 Sioux City air crash, defending a regional air carrier against novel handicapped rights claims being prosecuted by public interest groups, and other aviation-related matters. Dean has also undertaken the pro bono prosecution of a major prisoner rights lawsuit involving First Amendment and Section 1983 civil rights claims. He has significant experience in litigating claims against the United States under the Federal Tort Claims Act. Dean’s broad experience includes the national defense of a Fortune 100 corporation for product liability claims involving damaged buildings and other physical structures, defending a multitude of toxic tort TCE claims arising out of the groundwater contamination of the Tucson aquifer and prosecuting FTCA claims against the United States.

Dean is a frequent speaker at industry and professional conferences and certified continuing education custom-client seminars, presenting on a wide variety of topics.

Dean has authored numerous published articles on cutting-edge legal and litigation issues and been quoted in mainstay media sources. Dean has an AV Preeminent rating with Martindale-Hubbell, indicating the highest ranking in legal ability and ethical standards as determined by his peers in the legal community.

Admissions

  • Connecticut
  • Illinois
  • New York

Recognitions

  • AV Preeminent, Martindale-Hubbell

Education

  • Washington University in St. Louis
    Bachelor of Arts
  • Washington University in St. Louis School of Law
    Doctor of Jurisprudence

Memberships

  • Chicago Bar Association
  • Claims and Litigation Management Alliance (CLM)
  • Federal Bar Association
  • International Association of Arson Investigators (IAAI)
  • INTERNATIONAL ASSOCIATION OF ARSON INVESTIGATORS (ILLINOIS CHAPTER)
  • Lawyers Club of Chicago
  • National Association of Subrogation Professionals (NASP)

Courts

  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. District Court, Central District of Illinois
  • U.S. District Court, Northern District of Illinois
  • U.S. District Court, Northern District of Indiana
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Western District of Michigan
  • U.S. District Court, Western District of Wisconsin

Media

2020 Seniors Awarded Laptops From Butler Weihmuller Katz Craig

For the fifth year in a row, Butler Weihmuller Katz Craig has celebrated the achievements of high school seniors across the country through our CTRL Your Future Laptop Contest. This year’s laptop contest however, has been especially meaningful in the need and impact it has had on the recipients. In a year that is typically marked by milestones, like prom, graduation and college acceptance letter...

The Top 100 Ways To Build A Winning Recovery Case: Effective Claims Management Of Subrogation Cases

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147....

Contracting Outside The Four Corners Of The United States—A Closer Look At The United Nations Convention On Contracts For The International Sales Of Goods

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147....

Six Critical Steps For Achieving A Successful Mediation

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147....

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Protective Orders- Not Everything Can Be Swept Under The Rug!

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147....

Developing A Claim Of Successor Liability—A Practical Guide To Recovery When Your Primary Target Defendant Has No Seizable Assets

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly  312-462-9147....

Unraveling The Complexities Of Contractual Disputes

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly  312-462-9147....

When Businesses Compete Fiercely, Crossing Certain Boundaries May Give Rise To Tortious Interference Claims

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147....

Railroad Subrogation And Third Party Recoveries—”Getting Back On Track”

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly  312-462-9147....

Federal Tort Claims Act: Pursuing Uncle Sam’s Deep Pockets By Unlocking The Right Doors

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147....

Undue Delay In Pursuing Subrogation May Result In Missing The Recovery Boat

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly  312-462-9147....

United States’ Liability For Negligent Disaster Response Under The Federal Tort Claims Act

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly  312-462-9147....

Big Daubert Hurdles In Fire & Explosion Litigation—Revisiting The Importance Of Testing An Expert’s Theories

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147....

Significant Recovery Opportunities Where An Insured Breaches Its Reimbursement Policy Obligations For Advanced Deductible, Self-Insured

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147....

Subrogating The Spill: What Are An Insurer’s Options For Recovering Claims Paid As A Result Of The Gulf Oil Spill?

If you would like to discuss this topic further, please contact Dean Rauchwerger at drauchwerger@butler.legal  or directly 312-462-9147...

Mcs90 Endorsements Provide Significant Subrogation Recovery Opportunities

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147....

It’s Not If, It’s When: Subrogating Catastrophic Industrial Accidents –Practical Strategies For Maximizing Recoveries!

Partner Dean Rauchwerger and co-speakers Karolina Collier (Berkshire Hathaway Specialty Insurance), Marc Madonia (Starr Companies), Russell Ogle (Exponent) and Amy O'Rorke (Sedgwick) presented "It’s Not IF, It’s WHEN: Subrogating Catastrophic Industrial Accidents –Practical Strategies For Maximizing Recoveries!" This presentation took place on October 4, 2019 in Kissimmee, Florida for the 2...

Subrogating Industrial Accidents: Practical Strategies & Creating The Compelling Story

Dean S. Rauchwerger presented a panel program amongst industry professionals on “Subrogating Industrial Accidents: Practical Strategies & Creating the Compelling Story.” The presentation highlighted the importance of strong leadership, a solid forensic investigation, focused recovery strategies and developing a compelling liability story narrative for catastrophic industrial losses....

Dean Rauchwerger Featured in Clm Magazine

Claims Litigation Management featured some key points from Partner Dean Rauchwerger’s and co-speakers Kathleen LaVallie and Karl Aittaniemi’s presentation, “Fire on Wheels.” Author Eric Gilkey wrote down a few helpful tips the panelists provided when presenting on handling food truck fires and explosions.  ...

Clm 2018 Annual Conference – Subrogating Catastrophic Industrial Accidents: Finding The Holes In The “Swiss Cheese”

Dean Rauchwerger from Butler Weihmuller Katz Craig presented in Houston, TX at the CLM 2018 Annual Conference on the topic of "Subrogating Catastrophic Industrial Accidents: Finding the Holes in the 'Swiss Cheese.'" Catastrophic industrial accidents, large and small, often involve extensive property damage, significant business interruption, and bodily injuries. Strong leadership and solid inve...

Fire On Wheels – Food Truck Fires: Liabilities & Subrogation Opportunities

Dean Rauchwerger hosted a CLM Webinar on Thursday, January 18th. The topic was "Fire On Wheels - Food Truck Fires: Liabilities & Subrogation Opportunities".  Food trucks are prevalent across the country. They have become a “go-to-eatery” in urban areas, community festivals, college campuses, sporting events and concerts. The food truck industry is growing on an escalated scale. But, dan...

Fire Spread: Practical Strategies for Developing Fire Spread Liability Theories

Dean Rauchwerger, a Partner at Butler Weihmuller Katz Craig, presented a PLRB/NASP Webinar titled “Fire Spread: Practical Strategies for Developing Fire Spread Liability Theories" on August 29, 2017. Often overlooked, significant recovery opportunities abound for fire spread losses. This presentation focuses on the increased damages from fire spread, beyond fire origin and cause. This seminar ...

Clm 2017 Annual Conference – Why Small Fires Become Big Fires? Effective Strategies For Developing Fire Spread Recoveries

Dean S. Rauchwerger spoke at the CLM 2017 Annual Conference on, “Why Small Fires Become Big Fires? Effective Strategies for Developing Fire Spread Recoveries.”  The program addressed fire spread liabilities arising out of catastrophic fires, where increased fire damages and risks are avoidable.  This interactive panel presentation focused on significant recovery opportunities for fir...

Is It Hot In Here? Significant Recovery Opportunities With Boiler Failures

This article originally appeared in the Litigation Management Magazine, a publication of the Claims & Litigation Management Alliance (CLM). Legal opinions may vary when based on subtle factual differences. All rights reserved. Water boiler failures provide significant recovery opportunities. By understanding how these relatively simple systems work, one can realize that recovery potential an...

2017 Clm National Retail, Restaurant & Hospitality Conference – Hotel, Restaurant Nightclub Fires: Strategic Practical Liability Insights From Historic Catastrophes!

Dean S. Rauchwerger led a panel program on, “Hotel, Restaurant Nightclub Fires: Strategic Practical Liability Insights From Historic Catastrophes!”  The presentation discussed major, historic fires to highlight recurring causes and how failures of fire suppression and safety systems exacerbate damages.  The panel program emphasized the liability proof, defenses, forensic methodologies and ...

Boom! Maximizing Recoveries In Catastrophic Explosions

This article originally appeared in "Claims Management", a publication of the Claims & Litigation Management Alliance (CLM). Legal opinions may vary when based on subtle factual differences. All rights reserved. Boom! An explosion occurs. What results is a crisis — a catastrophe for the property owner, their employees, the local community, and all stakeholders in the explosion event. Ever...

2016 Nasp Annual Conference | Hotel, Restaurant And Nightclub Fires: Critical Lessons From Historic Catastrophes To The Present!

Dean Rauchwerger spoke at the NASP 2016 Annual Conference in Colorado Springs, on the unique topic of "Hotel, Restaurant and Nightclub Fires: Critical Lessons from Historic Catastrophes to the Present!"...

Historic Hotel, Restaurant & Nightclub Fires Provide Common Threads For Developing Significant Subrogation Recoveries

This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Spring/Summer, 2016. © Copyright 2016 by NASP. All rights reserved. Republished by Butler with permission from NASP. Early tragedies, such as the Cocoanut Grove Nightclub and Winecoff Hotel fires, were the catalysts for the development of national fire safety codes a...

Proving Products Liability Cases: The Bar Has Been Raised

Matthew W. Peaire and Dean S. Rauchwerger presented "Proving Products Liability Cases: The Bar has been Raised" on Thursday, June 16, 2016. With the recent additions to NFPA 921 and an alarming trend in the courts to hold products liability cases to a higher standard than ever before, there are a myriad of issues you must address from day one on a products liability subrogation case. This presenta...

It’s A Recovery: Opportunities To Recover Advanced Deductibles, Late And Unpaid Premiums

This article originally appeared in the Spring 2016 edition of Litigation Management. Re-published with permission. Insurance industry professionals are ever cognizant that in the case of deductible recovery and the like, we are recovering from our policyholder customers. While most deductible recoveries can be achieved amicably using a quality customer service approach, there are times when...

2016 Annual Conference Of The Claims And Litigation Management Alliance (Clm) | Annual Conference Of The Claims And Litigation Management Alliance (Clm)

Dean S. Rauchwerger presented at the 2016 Annual Conference of The Claims and Litigation Management Alliance (CLM), April 6—8, 2016. Dean will be presenting, “Boom! Catastrophic Explosions: Practical Strategies for Maximizing Recoveries.”...

Loss Executives Association’s (Lea) 85th Celebration | Market Share Losses: Conflicts And Controversies

Scott Katz and Dean Rauchwerger presented at the Loss Executives Association's (LEA) 85th Celebration on January 25—27, 2015 in Tampa, FL. Scott and Dean's topic was, "Market Share Losses: Conflicts and Controversies.”...

Restaurant Fire Spread & Suppression System Failures

Dean S. Rauchwerger presented this Restaurant Fire Spread & Suppression System Failures Webinar on restaurant and nightclub fires and how failures of fire suppression systems and other fire safety systems can exacerbate fire damages. The program discussed restaurant and nightclub fire suppression systems that when not properly designed, manufactured, specified, installed, maintained,...

Restaurant Fire Spread & Suppression System Failures

This Restaurant Fire Spread & Suppression System Failures Webinar discusses restaurant and nightclub fires and how failures of fire suppression systems and other fire safety systems can exacerbate fire damages. Dean S. Rauchwerger, Esq. (Chicago) of Butler Weihmuller Katz Craig LLP and Karl Aittaniemi, P.E., of Rimkus Consulting Group discussed restaurant and nightclub fire suppression sys...

West Virginia Supreme Court Allows Landlord’s Subrogation against Tenant

The West Virginia Supreme Court of Appeals recently opened the door further for a landlord’s insurer subrogating against a tenant for damages to the landlord’s property. The Supreme Court reversed a lower court’s finding that the tenant was an equitable insured under the landlord’s homeowner’s policy. In Farmers & Mechanics Mutual Insurance Co. v. Allen, 2015 WL 6201490 (Oct. 14, ...

(Un)Reel Legal Ethics: Obscure Critiques Of Ethical Issues In Hollywood Films About Civil Litigation

Everyone loves a good legal drama. Whether it’s a whimsical comedy, a whodunit, or a weighty social statement played out in the courtroom, they usually are wrought with dilemmas (often self-imposed) giving rise to sticky legal ethical questions, many of which go unresolved, if they are even recognized at all. There are many formal articles, CLE courses, and even college courses dedicated to diss...

Subrogating Market Share Claims

Hobie Hind (Tampa) and Dean S. Rauchwerger (Chicago) of Butler's subrogation department presented a continuing education seminar on "Subrogating Market Share Claims" on September 17, 2015.  This program was delivered to a global insurer, providing commercial property and casualty insurance.  Hobie and Dean discussed the dynamics and many nuances of effectively developing market share recovery cl...

Fire Investigation & Fire Spread Seminar

Matthew W. Peaire and Dean S. Rauchwerger presented, on August 12, 2015, a client continuing education seminar on “Effective Fire Investigations and Fire Spread Liability: Practical Strategies for Prosecuting & Defending.”  If you are interested in a similar client-dedicated educational program on Fire Investigations and  Fire Spread Liability, please contact Matthew W. Peaire (m...

2015 Clm Southern California Conference | Subrogation – Federal Tort Claims Act: Fundamentals & Practical Strategies For Ftca Recovery Claims Against The United States – The Ultimate Deep Pocket!

Dean S. Rauchwerger presented at the 2015 CLM Southern California Conference on July 16—17, 2015, comprising Product Liability, Subrogation, and Claims/Litigation Management.  Dean will be speaking on: Subrogation - Federal Tort Claims Act: Fundamentals & Practical Strategies for FTCA Recovery Claims Against the United States - The Ultimate Deep Pocket!...

Product Liability Blackjack (21) Ways To Win, Bust Or Fold!

Strategic thinking in prosecuting or defending product liability actions often mirrors the creativity, gut-check and fortitude to play the winning blackjack hand. As in blackjack, in the litigation game, it is often not how you start but how you finish that decides the winner. Though the cards often favor the house or your adversary, playing your cards to their maximum potential yet recognizing wh...

2015 Clm Annual Conference | Fire Spread Liability & Challenges: Practical Strategies For Prosecuting & Defending

Dean S. Rauchwerger spoke at the CLM Annual Conference March 25—27, 2015, Palm Desert, CA., on "Fire Spread Liability & Challenges: Practical Strategies for Prosecuting & Defending."  Dean's presentation addressed fire spread claims and the varying liabilities for damages arising from them.  Special focus was on the significant recovery opportunities available for fire spread cl...

Claims & Litigation Management Alliance(Clm) Annual Conference | Fire Spread Liability & Challenges: Practical Strategies For Prosecuting & Defending

Dean Rauchwerger spoke at the 2015 Claims &  Litigation Management Alliance(CLM) Annual Conference. His topic was "Fire Spread Liability & Challenges: Practical Strategies For Prosecuting & Defending"....

Western Loss Association Spring Seminar | Suing Uncle Sam – The Ultimate Deep Pocket: Federal Tort Claims Act Recovery Claims

Dean Rauchwerger spoke at the 2014 Western Loss Association Spring Seminar. His topic was "Suing Uncle Sam - The Ultimate Deep Pocket: Federal Tort Claims Act Recovery Claims"....

In-House Client Seminar

Dean Rauchwerger spoke at the In-house client seminar. His topic was "Subrogation: Identification, Preservation, Investigation and Making a Recovery"....

Subrogation: Identification, Preservation, Investigation And Making A Recovery

Dean Rauchwerger presented at an in-house client seminar in February 2014.He discussed "Subrogation: Identification, Preservation, Investigation and Making a Recovery."...

Annual Conference Of The National Association Of Subrogation Professionals (Nasp)

Dean Rauchwerger spoke at the 2013 Annual Conference of the National Association of Subrogation Professionals (NASP). His topic was "FTCA Fundamentals & Practical Strategies"....

Deep Pockets: Prosecuting & Defending Government Liabilities: U.S. & Municipalities

Dean Rauchwerger presented at an in-house client seminar in September 2013. He discussed "Deep Pockets: Prosecuting & Defending Government Liabilities: U.S. & Municipalities.”...

Execusummit

Dean Rauchwerger spoke at the ExecuSummit. His topic was "FTCA Fundamentals & Strategies: What To Do When The King Does Wrong!"....

Claims & Litigation Management Alliance(Clm) Annual Conference

Dean Rauchwerger spoke at the 2012 Claims &  Litigation Management Alliance(CLM) Annual Conference. His topic was "Strategy—The Big Difference Between Winning and Losing"....

Litigation Alternatives: Negotiation And Mediation

Dean Rauchwerger presented at an in-house client seminar in March 2012.He discussed "Litigation Alternatives: Negotiation and Mediation.”...

In-House Client Seminar

Dean Rauchwerger spoke at the In-house client seminar. His topic was "Litigation Alternatives: Negotiation and Mediation"....

“Freedom To Contract” Gives Rise To Big Recovery Opportunities From Policyholders For Self-Insured Retentions, Deductible Reimbursements, Retrospective Premiums And Loss Adjustment Expenses

Insurance policies often include language that allows insurers to recover amounts they have advanced for the insured's benefit. For instance, if the insured's policy has a SIR, the policy may contain a provision similar to the following: We shall have the right but no obligation, in all cases,  to assume charge of the defense and/or settlement of any claim, and, upon our written request, you sha...

Northwest Loss Association

Dean Rauchwerger presented at the Northwest Loss Association January 2012 conference.He discussed "Subrogation: Initial Recognition, Roadblocks and Strategies for Effective Recoveries”...

Annual Conference Of The National Association Of Subrogation Professionals (Nasp)

Dean Rauchwerger spoke at the 2011 Annual Conference of the National Association of Subrogation Professionals (NASP). His topic was "Federal Tort Claims Act: Critical Insights, Emerging Issues & Practical Strategies for Establishing FTCA Liability on the United States"....

Council On Litigation Management (Clm) Annual Conference

Dean Rauchwerger presented at the 2011 Council on Litigation Management (CLM) Annual Conference. He discussed "Herding Cats: Managing Teams of Experts in Complex Litigation."...

In-House Seminar

Dean Rauchwerger spoke at the In-house seminar. His topic was "Jumping Over the Evidentiary Hurdles to Victory!"....

The Daubert Tango: “Recent Developments In Fire And Explosion Litigation”

In 1923, the Court of Appeals for the District of Columbia, affirming the exclusion of an expert witness at trial, stated: Just when a scientific principle or discovery crosses the line between the experimental and demonstrable stages is difficult to define. Somewhere in this twilight zone the evidential force of the principle must be recognized, and while courts will go a long way in admittin...

Landing The Knockout Punch: Contacting Another Party’s Current And Former Employees Within The Ropes

Winning litigation requires that you and your counsel land the devastating uppercuts at the key moments in the fight. Big opportunities for critical testimony and evidence exist by pursuing permissible ex parte contacts with another party's current and former employees. The ethical ropes and practical tips for effectively contacting and interviewing such witnesses are discussed below. Landing T...

Drowning In Black Water: Water Restoration Contractors’ Deviations From Industry Good Practices & Standards Of Care Trigger Potential Mold Liabilities

Entry of errant water into a building or other structure can lead to serious mold problems, physical damages and substantial property and business interruption losses. This  article provides a roadmap on developing viable recovery claims against restorative drying contractors who were involved in improper and careless restoration and remediation of water  damaged property. As in any garden-vari...

Underwriters Laboratories—The Forgotten Island In The Litigation Seas—”Full Of Fruit”—For Bolstering Or Undercutting Product Integrity

Underwriters Laboratories Inc. ("UL") is a nonprofit organization conducting product safety evaluations. UL Marks are on 19 billion products ( www.ul.com ). As of 2005, there are more than 71,000 manufacturers producing UL-certified products and 97 countries where UL customers are located. UL publishes hundreds of safety standards and disseminates safety information globally. Underwriters Labor...

The Big Daubert Hurdles In Fire & Explosion Litigation

Over a decade has passed since the U.S. Supreme Court's ruling in Daubert v. Merrell Dow Pharmaceuticals, Inc ., 509 U.S. 579 (1993), and it is time to evaluate where we've been, where we are, and where we are headed on the admissibility of expert opinion testimony in fire and explosion cases. The Big Daubert Hurdles In Fire & Explosion Litigation...

A Product Supplier’s Liability Exposure For Noncompliance With Its Obligation Under The Consumer Product Safety Act And Related Alternative Statutory Authorities

Manufacturers, importers, distributors and retailers have the obligation to place only those products that are safe for use into the stream of commerce. In addition to those obvious duties, these entities also face significant duties under the Consumer Product Safety Act (CPSA) ' and other legislation and regulations enforced by the Consumer Product Safety Commission (CPSC).  Whether prosecuti...

“Top-Dog” Depositions The Hurdles To Overcome

High-level executives are frequently sought to be deposed because of their unique corporate roles for, inter alia, policy making, corporate governance and implementing policy compliance and corrective actions. On a tactical basis, the executive deposition is pursued so that your adversary's "figurehead" directly feels the "hot buttons" of your case, real-time, without layers of filtering and spin....

Taking A Closer Look For Deep Pockets

A CORPORATION is a legal entity created by filing certain documents with the state. It offers many benefits that are found in other entities, such as limited liability, centralized management, transferability of ownership, continuity, and taxation. On the other hand, some of these benefits pose problems for securing legal liability when the corporation is used as a shield to avoid liability or to ...

Alternative Ways To Use Evidence Of “Other Conduct” That Would Otherwise Not Be Admitted

In developing your case, as plaintiff or defendant, it is important to appreciate the various alternative ways for opening the door to "other conduct" evidence to prove relevant facts at issue. Below is a synopsis of strategic methods and insights for proffering evidence of character for a non-propensity purpose, habit, subsequent remedial measures and prior occurrences/failures. Alternative Ways...

Getting The Winning Edge: Appreciating The Permissible Boundaries, In Qui Tam And Other Litigation Contexts, For Contactiong Your Adversary’s Current & Former Employees

To say the least, litigation is frequently competitive, hard-fought and fraught with many hurdles. Developing a winning case requires that you seek the edge at every step in the journey. Big opportunities for marshalling critical testimony and evidence exist by pursuing permissible ex parte contacts with your adversary's current and former employees. Below is a general discussion of the ethical ...

Courageous Whistleblowers Are Not “Left Out In The Cold”: Legitimate Justifications Exist For Collecting Evidence Of False Claims Act Violations

I. Introduction It is the courage of whistleblowers, standing up in the face of great adversity and overwhelming pressure to "look the other way;' that enables the False Claims Act ("FCA") to fulfill its primary purpose of combating fraud on the U.S. Treasury. By marshalling evidence and collecting company documents, the whistleblower provides the necessary proof to shed light on fraudulent and i...

How “What We Learned In Little League” Paves The Way For Winning Litigation!”

As in baseball, whether being the batter, pitcher, or outfielder, successful litigation requires a strong belief and conviction that one has the power to shape reality. Certainly, without the batter's confidence that he or she will hit the ball, irrespective of its speed, twists or turns, few home runs would be made, let alone "singles or doubles" How "What We Learned In Little League" Paves The ...

Going Toe-To-Toe With Your Opposing Expert

Experts oftentimes make or break cases.  As knowledge and science have grown, so has the range of experts that parties call upon to advocate their cause.  Not only must a party always look to bolster one's own expert case, a party must simultaneously be mindful of the need to undercut your adversary's expert.  As the client, you want to ensure that your assigned counsel appreciates the followin...

Dean Rauchwerger