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We have outside counsel handle all of them on a flat, per charge fee. Firms like Ogletree or Littler have programs that are perfect this type of work at a lost cost.
I draft the position statements at my company but I enjoy it and am not slammed at all as I have tons of support from my colleagues.
I’m a senior associate at a Big 4 firm. I do lots of position statements, but we have some clients that are large retailers who handle it in-house. Personally, I prefer it if we handle things from the beginning and do the position statement ourselves, because it’s a lot easier to get involved and do the initial information gathering myself in case things progress to litigation. More often than not, witnesses leave the company before it lands in litigation, and then I’m stuck with the notes (if any) by the in-house investigator (which are not always great). I also prefer to be involved in deciding how we respond to allegations from the outset so that we don’t have issues from a defense perspective down the road.
I think this is normal at large retailers because they are so cost-conscious regarding outside counsel. Lots of big companies have in-house employment counsel draft position statements and then outsource the matter if it continues after that, but there certainly are companies that have outside counsel handle position statements too.
At my company, it depends on the nature of the claim. Straightforward matter, maybe I draft it. If there are complex issues though, then we probably want to have outside counsel involved from the outset.