For over a decade, Fasken Martineau has offered clients a sophisticated legal project management (LPM) tool called Waypoint®. Traditionally, litigation has been slow to respond to clients' demands for cost predictability. Waypoint ®, however, allows clients to drive litigation to resolution in a timely and cost-effective manner.
Drive efficiency and increase cost predictability
We have learned that early assessment and strategy development unearths opportunities for innovative, business-friendly, and client-oriented solutions. We repeatedly develop winning theories, tailor innovative solutions, implementing them quickly and efficiently.
The common theme of our successful litigation cases is the disciplined development and execution of an effective strategy. Through our Waypoint process, clients are engaged in the development phase, collaborating with our lawyers to produce a definitive strategy that meets the client's needs and goals.
Effective case management
We ensure that your dispute is effectively managed to achieve the best result for your business. Building a comprehensive understanding of the dispute and your business goals is a crucial ingredient in the process. Waypoint's highly customized strategic plan provides clarity and direction on what to expect, and enables informed and calculated decision- making for your business.
A successful litigation strategy must be tailored to your specific needs and goals. Waypoint ensures that you are engaged and heard throughout the process.
We recognize that legal disputes should be addressed as business problems, and success measured against your business goals. That framework, along with cost predictability drives the execution of our legal project management strategy.
Meet business and legal needs
The following four pillars of Waypoint's legal project management system are designed to ensure your business goals are achieved:
1. Assessment and Strategy: We first seek to understand the nature of the dispute, your business goals and what you have at stake. From there, we provide you with a concise written assessment of your case— a strategic plan—that addresses key issues such as risks, costs, tactical options, and our recommended strategy. Our strategic plans cover the following areas:
- Overview of the nature of the dispute
- Business issues and goals
- Key strengths and challenges
- Probable outcome and economics
- Options and recommended strategy
2. Budgeting: We provide realistic estimates and ongoing guidance to assist you in making sound cost-effective decisions
3. Communication: We keep you informed and involved every step of the way. The ongoing review and updates of the strategic plans affords ongoing communication in a way that is often missing in litigation. Our joint involvement in the preparation and revision of these plans minimizes surprises, provides transparency in the decision-making process, and clearly identifies cost implications.
4. Case Management: We provide secure online access to all documents critical to effective case management, including the strategic plan, key correspondence, pleadings, budgets and other related materials. With all documents centrally managed, you can also rest assured that our lawyers are analyzing your litigation file as a whole.
Breach of Confidence claim in the mining industry
Our client, a major mining company, and a number of its employees, were sued by a junior mining exploration company, claiming that it was entitled to a 50% interest in a nickel property being explored by the client. The parties had signed a confidentiality agreement with an "area of interest" clause, and the client had staked where it was permitted to, after joint venture negotiations ended. The plaintiff alleged that it had shared confidential information with the client during the negotiations that was not covered by the agreement, and that the client misused it in staking the land in question for itself. The claim, for a 50% interest in the property, and any profits to be made, going forward, could have been in the hundreds of millions of dollars. In addition, given the industry's reliance on confidentiality agreements in the joint venture process, the case threatened to cause significant disruption to the wider mining industry.
Unjust enrichment claim to a 15-25% share of the Company
With the Waypoint process, our client avoided an unjust enrichment claim to a 15 - 25% share of the profits by a former employee. Based on our assessment of the merits of the claim and the estimated cost of the proceeding from the Waypoint process, our client decided on summary trial. The claim was dismissed at summary trial, thus saving the cost of a full trial and the client’s invaluable reputation.