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useful to retain this type of consultant early in the case. The consultant will force thelegal team to focus on core issues, distill and simplify themes and arguments, andprovide guidance as to how to present complicated evidence at trial. These efforts willalso assist the defense team in the discovery phase.Hiring a consultant should not be limited to cases that are surely headed for trial. Theinformation derived from these efforts will also help you determine whether the caseshould be settled, and at what level. If it is still to be tried, the mock findings will helpyou prepare a better defense.H. Understanding Punitive DamagesCatastrophic litigation involves dramatic, aggravated facts. Victims often argue thatfraudulent or criminal conduct was a factor in causing the disaster. Plaintiffs’ attorneyswill therefore include claims for punitive (or exemplary) damages, which increasepressure on all involved.The law governing punitive damages varies greatly across jurisdictions. Manyinsurance policies do not cover punitive damages. Because punitive damages presentanother source of exposure for your company and its key employees, and because thedemand for punitive damages will complicate the insurance analysis and settlementnegotiations, it is imperative for the company and its legal team to have a firm grasp onhow punitive damages are treated in that court, the likelihood of an award, and whetherthat exposure is insured. 2929 Every few years, the Supreme Court issues a substantive pronouncement on the purpose of punitivedamages, when they are appropriate to be assessed, and limitations on their recovery. E.g., Exxon