Many business disputes must be resolved in litigation and discovery is a critical part of the preparation that occurs before a case reaches the trial phase. Discovery is the formal process by which information is exchanged between the parties in the lawsuit. In...
Litigation
What Not to Do When Preparing for Litigation
Although there are many things you should do when you’re preparing to litigate a business dispute, there are also a number of things you should not do. Inadvertently saying the wrong thing to the opposing party or making certain decisions can be detrimental to your...
Answering Lawsuit FAQs with Joshua D. Brinen
https://vimeo.com/733388666 How is a Lawsuit Started? A lawsuit generally starts with two people who can't agree on something and it gets heated or it doesn't. Letters are sent between the two, one demanding something and one rejecting something. Then, one party will...
Not So Fast — Appeals Aren’t Magic Wands
Appeals are the process by which a party requests that a higher court review the decision of a lower court because they believe it was made in error. The error appeals courts look for are errors of law or abuses of discretion. But not so fast — before you rush...
Advancement Versus Indemnification
A lawsuit is all about positioning. Plaintiffs start with the power – they choose the who, the what, the when, and where of an action. Plaintiff always wants to maintain control. Defendant seeks to shift the center of gravity in a lawsuit – to stop the...
You Can’t Keep Away From The Runaround of Being Sued
“You won't get sued for anticompetitive behavior.” - Linus Torvalds In continuing Tuesday’s theme of asking essential legal questions, all business owners should approach their lawyer at the outset and inquire: What are the chances my business will get sued? The short...