This panel discussion will explore how Early Case Assessments (ECAs) can help companies evaluate potential disputes at the outset, whether they are facing a claim or considering bringing one. Often conducted by external counsel, ECAs provide companies with a framework for making informed strategic decisions before substantive proceedings are initiated.

At their core, ECAs assess the most likely, best-case, and worst-case scenarios through a combination of legal analysis and concrete financial evaluation. The discussion will examine how these assessments inform decisions regarding case strategy, settlement opportunities, budgeting, and risk management. The session will also explore the growing role of technology and AI tools in dispute assessment and strategic decision-making.

The panellists will discuss the extent to which initial assessments can accurately predict the outcome of a dispute, the importance of revisiting and updating ECAs as proceedings evolve, and the lessons that can be learned when outcomes diverge from expectations. The discussion will further examine the implications of ECAs for post-award strategy, including enforcement considerations, and the overall evaluation of outcomes against initial expectations.