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Cost-effective litigation in the
stop-loss area requires efficiency and experience. Paying to educate outside
counsel about the stop-loss industry, how it functions, and the respective roles
of the various players is an expensive proposition, both in terms of legal fees
and the hidden costs of company personnel who must do the educating. The
discovery process and motion practice in a stop-loss case can become an
expensive morass, although both are usually essential to a successful outcome. Counsel experienced in the nuances of industry structure can formulate and implement discovery that is specifically tailored to the situation at issue.
Proper strategic planning, targeted discovery, persuasive writing and effective
oral argument make a difference. The process can be efficient and
cost-effective if managed properly.
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