Early Case Assessments in Employment Disputes: Minimizing Risks, Controlling Costs and Efficiently Resolving Claims

Creating an ECA Policy, Structuring and Implementing Effective ECAs

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Tuesday, May 24, 2016

Recorded event now available

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Course Materials

This CLE course will inform employment counsel on the effective use of early case assessments (ECAs) in the context of employment-related disputes to minimize costs, mitigate risks, and hasten resolution. The panel will outline drafting tips and provide guidance to employment counsel for conducting ECAs as part of the dispute resolution process.


ECAs provide the parties and their counsel with an opportunity to identify key issues, establish the client’s interests and perspectives, and anticipate the other side’s counterarguments and concerns. ECAs also involve assessing quantifiable costs, including the client’s investment of resources in resolving disputes as well as inexact costs, like reputational risks or enhanced risk of other claims, if the dispute escalates.

Such assessments can be conducted as soon as a claim is foreseeable and certainly once a demand letter, charge or complaint is received. Analyzing the critical evaluative factors enables practitioners to build a framework for approaching the conflict to identify and mitigate potential risks throughout a settlement negotiation, litigation, mediation or arbitration. The ECA should also address e-discovery litigation holds and tools to preserve and manage in-house resources, a budget and clear agenda for outsourced services especially in light of the amendments to the Federal Rules of Civil Procedure concerning discovery.

Listen as our panel of experienced practitioners explains how to best utilize, structure and conduct an ECA as a tool to minimize risk, control costs, and hasten appropriate resolution of employment-related disputes.



  1. Elements and structure of an effective ECA program
  2. When to use an ECA program
  3. Preventing runaway cases with effective ECA
  4. The intersection of ECA programs and e-discovery
  5. Best practices for implementing and utilizing ECAs


The panel will review the following key issues:

  • How using an ECA promotes evidence based decisions on whether and when to settle or litigate.
  • What cost categories can an ECA be used to identify, and can an ECA be used to reduce anticipated costs?
  • How does an ECA intersect with e-discovery tools and other pre-litigation or pre-arbitration practices?


Goldstein, Mark
Mark S. Goldstein

Reed Smith

Mr. Goldstein counsels clients on a variety of workplace issues, including policy development and compliance, risk...  |  Read More

Morris, Frank
Frank C. Morris, Jr.

Epstein Becker & Green

Mr. Morris leads the firm’s Labor and Employment Practice in the Washington, DC, office, and chairs the...  |  Read More

Lisa Renee Pomerantz, Esq.
Lisa Renee Pomerantz, Esq.

Lisa Renee Pomerantz, Attorney at Law

Ms. Pomerantz has more than 30 years of legal and dispute resolution experience. She spent 15 years as in-house counsel...  |  Read More

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