Businesses are evaluated by their ability to deliver products and services to their customers or clients in a timely fashion while maintaining a high level of service and remaining profitable.

The key components of businesses that allow them to deliver on these promises are their supply chains and business processes.  Any disruption to the supply chain or business processes can cause a variety of issues (delays in material deliveries, delayed shipments, increased expenses, unhappy customers).

The Problem:

Unknown male is breaking into the yard of a client and is stealing precious metals at all hours of the night and early morning.  The aluminum that is being stolen has significant value and is costing the company thousands of dollars each week.  Additionally the ongoing theft is causing the employees to be concerned about their safety.

Implications:

Cash flow is impacted, as additional metal must be purchased to meet production goals.  The loss may have to be reported to an insurance carrier, which could cause a spike in premiums.  Employee’s time will be spent viewing security camera footage and possibly being interviewed, which decreases production.  The possibility of the theft being internal or coordinated by a vendor or partner must be addressed and investigated.  Time and resources must be devoted to investigate and stop the theft.

Process:

  • Review and preserve security camera footage
  • Interview neighboring business and request to review security camera footage
  • Stationary surveillance to identify suspect(s)
  • Conduct research of vehicle ownership records to positively identify the suspect
  • Notify law enforcement
  • Background investigation conducted on suspect to determine if he/she has a criminal history
  • Provide statements and turnover evidence to law enforcement (photos, video, research)
  • Training/Consultation on best practices to mitigate future theft

Results:

  • Arrest/Conviction of suspects
  • Secure facility
  • Restore employee’s faith in the company and overall personal safety
  • Bottom line is strengthened because supplies are being utilized to the fullest

The Facts:

According to an insurance research organization metal theft claims have risen by 36 percent since January of 2010.

In an article found in the Insurance Journal, according the NICB, “The damage caused by these thefts is often several times the value of the metal stolen, leaving the victims with hefty repair costs which are often passed on to insurance companies.”

The U.S. Department of Energy has estimated that metal theft costs U.S. Businesses around $1 billion a year.

As your trial date approaches you begin to review the evidence.  Deposition transcripts are carefully picked apart and the credibility of witnesses is weighed.  The legal aspects of the case are discussed with the client and the strategic elements of the case are laid out.  All parties involved are looking at best and worst case scenarios.

When it comes to selecting your trial team do you consider the history of the team?  Do you consider the track record of the team?  Has your team been involved in a trial before? Have they been been successful in previous trials?  How do you go about picking your team to insure the best possible results for your client?

One thing to keep in mind that under the extreme pressures of litigation those that have been there before know what to expect and will be considerably more comfortable and relaxed when the trial gets underway.

Litigation:

If you have been through litigation before and understand the stress, complexities and uncertainty you know what to expect.

When you pick your team of paralegals, investigators, experts and consultants as you contemplate and or engage in litigation it makes sense to pick a team that has been there before and won’t be overwhelmed with the nuances and stress of litigation.

At Santoni we have been supporting clients in all areas of litigation in a variety of settings for over 35 years. We have worked on and have testified in cases before the following courts

When you talk with your trial team don’t be afraid to ask questions that will help you determine if their experience and results will help or hinder you and your client in the event that the case goes to trial.  Specifically ask which courts they have testified in, what type of reports/declarations have they drafted to support motions and or seizures/court orders.