The guidance addresses general business-dispute risk management rather than a specific incident, company, or recent case. No breaking litigation or regulatory action prompted the piece. The timeline described is straightforward: a warning sign emerges, counsel is consulted, and the litigator then helps preserve evidence, assess leverage, and pursue negotiation or alternative resolution before formal proceedings begin.
Attorneys should note the underlying principle for client counseling: the moment a contract dispute, employment conflict, confidentiality breach, or ownership disagreement appears on the horizon—not after formal notice arrives—is when litigation counsel should be in the room. Evidence preservation, document holds, and strategic positioning all depend on early intervention. For in-house counsel and outside advisors, this reinforces the case for treating emerging conflicts as litigation-readiness issues, not business-as-usual matters.