Litigation

The Office of the General Counsel (OGC) represents BYU, BYU–Hawaii, BYU–Idaho, or Ensign College when they are involved in litigation or other legal disputes. The OGC defends these client institutions when they are threatened with a legal claim or sued. When necessary, the OGC pursues legal claims or files lawsuits to protect the rights of its client institutions.

OGC attorneys litigate in numerous areas of law, including

• religious freedom and other civil rights
• contract
• employment
• intellectual property
• negligence
• nondiscrimination
• student discipline

OGC attorneys handle cases and make appearances in local, state, and federal courts and other legal forums. Those who become aware of potential legal claims or threats of litigation against one of the client institutions should immediately contact the OGC attorney assigned to their campus unit.

When an institution reasonably anticipates litigation, the OGC works with affected campus units to conduct privileged investigations and institute legal holds to preserve documents and information that may be relevant. The OGC also seeks to resolve litigation matters efficiently and effectively at all stages, including through pleadings, discovery, motions, trial, appeal, and settlement. OGC approval is required before responding to, asserting, or resolving any legal claim or lawsuit against, or on behalf of, a client institution.

The OGC retains qualified outside counsel when appropriate. OGC approval is required to engage outside litigation counsel for any of the client institutions.