Organisational Change Drives Settlement Administration Success

A legal settlement firm had been appointed as administrator of a multi-billion dollar mass tort settlement. As they faced the enormous task of managing this highly publicised case, the client looked to Protiviti to help scale its operations and meet the anticipated surge in demand. They retained our team of attorneys and project managers, technology specialists and legal talent management experts for guidance and assistance with risk identification and mitigation strategies and overarching project management.

The client was unaccustomed to handling such a massive settlement involving several hundred thousand claimants. This presented challenges in terms of operational capacity, workflow efficiency, data management, and security – all critical areas that needed immediate attention due to the high volumes and award amounts involved. Protiviti’s end to end support for class action, claims settlement administrations including loan staff, technology, and advisory support was a competitor advantage in our selection to support this high-profile effort.

Understanding the client’s needs

Our first step was to thoroughly understand the client's existing operational framework. The initial stage of the settlement process involved assessing the completeness and accuracy of information submitted by the claimants. If deficiencies were found, communications and escalation pathway protocols were established, word tracks written, and stakeholders identified to ensure decision making protocols and appropriate approvers were aligned.

Speed was the operative word in this phase of the project and, working together with the client, we needed to quickly assess the situation, recommend and design the appropriate path forward. Within a week, we sourced, trained and deployed a team of more than 50 experienced attorneys and paralegals who began the work while our core project team supported the client in developing workstreams, prioritising tasks and organising the key stakeholders’ roles of responsibility. We conducted an exhaustive audit – from personnel capabilities to technological infrastructure – identifying the bottlenecks that could inhibit smooth ramp up.

Initially, the client had engaged Protiviti to provide legal staffing support to help with the manual effort of reviewing large volume of materials, but our work quickly expanded to taking responsibility as the acting project management office (PMO) for the organisation. We identified a need to enhance human resources with additional training support; bolster IT infrastructure for efficient data handling; implement cybersecurity measures; and streamline workflows by adopting industry best practices.

Mitigating potential risk

Protiviti’s Americas Delivery Center team was leveraged to assist in verifying wire transfer protocols and evaluating the accuracy of the data within the client’s technology tools to mitigate potential fraud risk. Given the sheer volume of data, we leveraged advanced legal technology solutions including Large Learning Language (LLM) models to conduct document review and expedite processing times while maintaining accuracy. Our team provided additional alternatives for the client to consider regarding AI integration with call centers and call scripting for the Tier 1, 2 and 3 settlement requirements. Our proactive strategy provided the client the flexibility needed to adapt as the project evolved.

We addressed data security concerns which were paramount given the sensitive nature of information being handled during this settlement process. Our team developed comprehensive cybersecurity strategies including encryption protocols, multi-factor authentication systems, and a calendar of regular audits to ensure data integrity remained uncompromised throughout.

Our team established robust internal and external communication to streamline the extensive settlement process.

Transformative changes

The Protiviti team earned a reputation by the client for being deeply knowledgeable and agile, developing and implementing innovative solutions, and providing exceptional project management support – all of which resulted in transformative changes within the client’s settlement operations. The company successfully navigated through this demanding period – not just meeting but exceeding its goals in managing this large-scale settlement effectively and efficiently.

Protiviti’s commitment to creating lasting improvements beyond the initial scope of work helped the client transition to a sustainable growth strategy and a culture committed to continuous improvement following project close-out.

Regular performance reviews were instituted focusing on key operational metrics associated with scalability and efficiency – ensuring that any future scenarios requiring similar scaling up could be adeptly managed by the client’s own team.

Our partnership with this client demonstrates how legal consulting can go beyond reactionary measures to proactive long-term strategic planning even under challenging circumstances – reinforcing Protiviti's reputation as trusted advisors committed to client success.