Management of Major Class Action Litigation by In-House Counsel

Abstract

How does the General Counsel of a large corporation manage the aftermath of a crisis in which the company is directly implicated? As the propensity for victims to launch significant class actions against corporations increases, the need to summon a measured response, to create control and calm that allows the business to proceed confidently as usual, quarantining the vast amount of work needed to address the high profile nature of legal action and public responses, and to swing into action almost immediately, is imperative. In these circumstances, it is often the General Counsel steering the ship. This article describes the approach that was adopted and the many and varied responses that were required to be implemented, in the aftermath of the most tragic and devastating bushfires ever to occur in Australian history – aptly named “Black Saturday.”