Business Litigation
Litigation is a fact of life in today’s business environment. Litigation is many things – expensive, terribly slow, risky, fear inducing, and distracting, to name a few. But litigation is neither all good nor all bad, and it should not be avoided simply for the sake of avoiding litigation.
For the plaintiff, business litigation is a tool which can be used (and should only be used) as a means of achieving a desired business objective. Litigation is rarely the only tool available. Litigation is not an ends in and of itself, but one (of several) means to an end, be it a judgment
after trial or a negotiated settlement. At its essence, litigation is leverage. The leverage derives primary from the risk associated with litigation, and secondarily from the law, the facts, and a host of other factors. When we represent the plaintiff, our goal is to educate the client of the risks and costs of litigation, ensure that the business objective is worth the risk and cost, and then to develop the very best facts and the legal arguments to maximize your leverage, and hence, your probability of obtaining the desired business outcome.
The defendant in business litigation faces a different calculus due to their involuntarily involvement in the proceedings. Often, the defendant has little to gain (and much to lose) from litigation. The business objective of the defendant is generally to end the litigation at an acceptable cost so that they may resume their business affairs. As explained above, a lawsuit is leverage. The role of the defense attorney is to develop the facts and legal arguments to not only take away that leverage, but turn the leverage back on the plaintiff. When we represent the defendant, our goal is to educate the client of their exposure and the risks and costs of litigation and then develop the very best facts and legal arguments to take away the plaintiff’s leverage and apply leverage of your own in order to bring the litigation to an acceptable negotiated settlement or a judgment in your favor after trial.
For the plaintiff, business litigation is a tool which can be used (and should only be used) as a means of achieving a desired business objective. Litigation is rarely the only tool available. Litigation is not an ends in and of itself, but one (of several) means to an end, be it a judgment
after trial or a negotiated settlement. At its essence, litigation is leverage. The leverage derives primary from the risk associated with litigation, and secondarily from the law, the facts, and a host of other factors. When we represent the plaintiff, our goal is to educate the client of the risks and costs of litigation, ensure that the business objective is worth the risk and cost, and then to develop the very best facts and the legal arguments to maximize your leverage, and hence, your probability of obtaining the desired business outcome.
The defendant in business litigation faces a different calculus due to their involuntarily involvement in the proceedings. Often, the defendant has little to gain (and much to lose) from litigation. The business objective of the defendant is generally to end the litigation at an acceptable cost so that they may resume their business affairs. As explained above, a lawsuit is leverage. The role of the defense attorney is to develop the facts and legal arguments to not only take away that leverage, but turn the leverage back on the plaintiff. When we represent the defendant, our goal is to educate the client of their exposure and the risks and costs of litigation and then develop the very best facts and legal arguments to take away the plaintiff’s leverage and apply leverage of your own in order to bring the litigation to an acceptable negotiated settlement or a judgment in your favor after trial.