Shook, Hardy & Bacon’s Public Policy Group has over 25 years of experience working to address the civil litigation environment for defendants and insurers by making the legal system more fair and predictable. We also counsel clients on responding to efforts by plaintiffs’ lawyers to expand liability in an unsound manner, particularly when they pursue novel theories of liability. 

We use a comprehensive approach for improving the context in which litigation occurs. This approach includes federal and state government affairs, judicial education through amicus briefs, seminars and scholarship, and litigation communications.

Here is how our “Iron Triangle” defense works:

  • Government Affairs:  Our group has years of experience developing legislative strategy on civil justice issues, drafting policy proposals and testifying before Congress and state legislatures.  We comment on proposed regulations, appeal adverse federal rulemakings and appear before federal agencies, such as the Consumer Product Safety Commission.  We also build strategic coalitions to support our clients’ interests, working closely with and serving in leadership and advisory roles for most of the major civil justice organizations.
  • Developing Law in the Courts:  Our group files on average 30 amicus briefs annually on behalf of trade, professional and civil justice associations.  We have filed briefs in the U.S. Supreme Court, nearly all federal appellate circuits and more than two-thirds of state supreme courts.  Our amicus briefs and other judicial education efforts give judges a better understanding of how a case affects individuals outside the courtroom, including when plaintiffs’ lawyers pursue expansive liability theories that have adverse impacts on the U.S. economy.
  • Litigation Communications:  When major legal issues arise, the media has a significant impact on litigation. Our attorneys break down complex legal issues to help the media appreciate our clients’ points of view.  We have also become go-to experts for journalists covering high-profile litigation and legal issues.  Through our publication of highly read reports and op-eds, as well as public testimonies, we help shape public policy and counter plaintiffs’ lawyers when they look to the media to gain an edge in the courtroom. 

The Public Policy Group works top to bottom to provide clients a platform for strategically managing the total legal landscape.  We monitor changes in the law and counsel clients before, during and after these changes occur. As part of this effort, we publish a newsletter regarding pivotal state supreme court cases that may affect businesses.  If you are interested in receiving the State Supreme Court Watch, please email Phil Goldberg.