Verdict for the Defense Reviews

Rob Herrington understands class-action and mass-action lawsuits from the inside. After years litigating such cases, he has a clear view of the incentives, the risks and the structural dynamics at work. He also speaks pragmatically about what companies can do to avoid such costly and disruptive litigation in the first place. Most importantly, Herrington is able to explain these complex topics in straightforward, understandable English. His book should be required reading for every CEO and General Counsel, both in America and abroad. Herrington is not neutral – he clearly offers the corporate side of the argument – but he makes his case with such clarity and logic that members of the plaintiffs’ class action bar will also appreciate and learn from his writing, even if they disagree with some of its conclusions. This is an important contribution to our ongoing dialogue about the uses and abuses of collective litigation.

Verdict for the Defense provides a user-friendly template for how to limit liability for companies by being proactive and prophylactic to avoid legal risks. Herrington’s Verdict is a must read for business school students, those in management training programs and young executives coming up the ranks. If we train our young business leaders to use a new business model that focuses on policies and procedures to avoid costly and unnecessary litigation, soon that will be the American business model.

Class action litigation has long been a thorn in the side of American business.  In the extreme case, a class action can threaten a company’s very survival, including not only the investments of the company’s shareholders but also the jobs of the company’s employees, for no greater purpose than to enrich the plaintiff’s lawyers.  Although much has been written about the need for reform, comparatively little attention has been paid to how businesses can reduce the risk of massive litigation.  In “Verdict for the Defense,” Rob Herrington draws upon his extensive experience as a class action defense attorney and presents business leaders and risk managers with a carefully crafted, systematic approach for keeping plaintiffs’ class action attorneys at bay.  As a class action defense attorney who shares Rob’s concerns about ‘Jackpot Justice,’ I highly recommend this book to those charged with managing their organizations’ risks.

Verdict for the Defense is a must read for every business executive and in-house counsel facing the challenges of mounting class action lawsuits.  Explaining a complex area in simple, practical terms, Rob Herrington describes how class action lawsuits have morphed into a giant windfalls for often unscrupulous attorneys, how class actions get started, how they become an uncontrollable monster for the unsuspecting business, how businesses should handle the lawsuit, and most importantly, how to avoid them in the first place. From business managers to CEO’s, no one in the corporate world should make one more decision without reading Verdict for the Defense. 

Finally a step in the right direction in combating the exposure to massive class/mass action suits. I'm a firm believer in the best defense is a good offense, Herrington hits the mark with practical strategies to go on offense. As a business I believe the steps Herrington lays out can help us provide better service to our customers and communities. Not only do we manage our exposure, but the greatest benefit is we can improve how we do business. That leads to more ultimate profits.....not just limiting losses.

In-house counsel for mid- to large-sized companies often share with me what keeps them up at night - the ever present risk of an unanticipated class action lawsuit. An aggressive plaintiff's lawyer with a few bad facts - real or imagined - have an immediate affect on our companies, draining manpower and financial resources at alarming speed. Herrington's strategies for prevention and defense are clearly stated in Verdict for the Defense in a manner that makes implementation immediately effective. If you've ever feared that today's jackpot justice culture could take its toll on your company, read Verdict for the Defense and implement Herrington's strategies.

Verdict for the Defense should be required reading for both business and law schools. Rather than whining about the massive exposure, distraction and expense of modern class actions, Herrington provides businesses with what they need the most - battle tested methods to minimize the risk of these suits being filed. Based on personal interviews, Herrington gives fascinating insight into why plaintiff's lawyers target particular theories, industries or companies. However, Herrington's most useful contribution is his step-by-step instruction to lawyers on how to defeat such actions - both before and after they are filed - particularly his discussion of contract provisions and revision strategies.

I write daily for lawyers. Mr. Herrington has done something much more difficult: he has written a book for real people that is both easy to read and chock full of good advice on how to avoid class actions. Business people need to pay attention to these costly issues before their companies are sued. Mr. Herrington offers practical advice for how to structure your business to manage class action risks and optimize your defenses if such lawsuits occur. This is invaluable legal advice.

Rob Herrington is my kind of lawyer. He should be your kind of lawyer too. He protects companies against lawsuits that are designed and intended to serve as little more than shakedowns. Verdict for the Defense is his manifesto. Rob can tell you before the lawsuit arrives what these lawyers are looking for, how they think, and where they are likely to strike.