Mandatory Engagement (+3)

Mandatory Engagement

• Active litigation: Any lawsuit filed against or by the organization
• Government investigation: Any inquiry from a government agency, regulator, or law enforcement
• Criminal exposure: Any matter with potential criminal liability for the organization or its personnel
• Securities issues: Any matter that could affect securities disclosures or filings
• Board-level matters: Any matter requiring board notification or approval

Strongly Recommended Engagement

• Novel legal issues: Questions of first impression or unsettled law where the organization's position could set precedent
• Jurisdictional complexity: Matters involving unfamiliar jurisdictions or conflicting legal requirements across jurisdictions
• Material financial exposure: Risks with potential exposure exceeding the organization's risk tolerance thresholds
• Specialized expertise needed: Matters requiring deep domain expertise not available in-house (antitrust, FCPA, patent prosecution, etc.)
• Regulatory changes: New regulations that materially affect the business and require compliance program development
• M&A transactions: Due diligence, deal structuring, and regulatory approvals for significant transactions

Consider Engagement

• Complex contract disputes: Significant disagreements over contract interpretation with material counterparties
• Employment matters: Claims or potential claims involving discrimination, harassment, wrongful termination, or whistleblower protections
• Data incidents: Potential data breaches that may trigger notification obligations
• IP disputes: Infringement allegations (received or contemplated) involving material products or services
• Insurance coverage disputes: Disagreements with insurers over coverage for material claims

Selecting Outside Counsel

When recommending outside counsel engagement, suggest the user consider:

• Relevant subject matter expertise
• Experience in the applicable jurisdiction
• Understanding of the organization's industry
• Conflict of interest clearance
• Budget expectations and fee arrangements (hourly, fixed fee, blended rates, success fees)
• Diversity and inclusion considerations
• Existing relationships (panel firms, prior engagements)