Complex litigation is not just complex by its ordinary meaning. The mere difficulty encountered in a case does not make it complex either. Complex litigation encompasses court battles with very large sums of money at stake, multiple parties in multiple jurisdictions, lengthy trials and complex legal issues. It involves complicated or technical issues that require some type of expert analysis and testimony. Complex litigation requires a massive amount of due diligence and an in-depth understanding of all the laws and regulations which may come into play. Unlike general litigations, complex litigation needs that “extra touch”.
Characteristics
1. Unwanted Media Scrutiny of your Company: Complex litigation most times causes media war. These media publications can destroy your company if not well handled. The Complex Litigation Department of Barnwell Law Group has decades of experience in handling the media to avoid destructive information from leaking out to the public.
2. Large Cost: Complex litigation involves very large sums of money, irrespective of whether you lose or win. There is usually a need for an expert to analyze complicated financial transactions and other experts in other relevant fields as the case may be. All these are cost-intensive. But at Barnwell Law Group, our Complex Litigation Department first and foremost carries out a case evaluation, thoroughly analyzes the case and opts for the best way to resolve the issues involved, which could be an out of court settlement or summary judgment.
3. Lengthy Time: Complex cases are time-consuming. This nature of litigation at times halts or slows down the operation of the business until the outcome of the litigation. An experienced complex litigation firm bears this in mind when choosing the path to toe in affirming or defending the suit.
4. Complex Legal Issues: Lawyers are good, no doubt, but it takes experienced lawyers who specialize in complex litigation to unravel the intricate legal issues involved. The Complex Litigation Department of Barnwell Law Group has the best of hands to help analyze and unravel the legal issues involved in your case. “…such a wonderful team” has been the testimony of our clients.
Examples of Complex Litigations
1. Regulatory & Compliance Matters:
Complex Litigation has to do with high stakes and a wide array of litigation rules and procedures. Due diligence is required to ensure that the litigant is adequately protected. It can be very complex.
2. Sarbanes – Oxley & Antitrust Issues:
Sarbanes-Oxley (SOX) Act came in response to financial scandals involving publicly traded companies. The high-profile frauds shook investor confidence in the trustworthiness of corporate financial statements and led many to demand an overhaul of decades-old regulatory standards. Matters emanating from this act can be very complicated and should be handled by a Complex Litigation team.
3. RICO Issues:
RICO (Racketeer Influenced and Corrupt Organizations) Act was created to combat traditional organized crime. This law was expanded to include multiple types of fraud. Additionally, it includes computer crimes that can be committed by individuals and corporations. The statute allows for the collection of treble (triple) damages and attorney’s fees. Also, a RICO judgment is not dischargeable in most types of bankruptcy and can sometimes be collected against successor corporations. RICO is used to prosecute employee embezzlement cases, credit schemes, Ponzi schemes, and so on.
4. False Claims Act Issues:
By the provisions of this Act, private citizens informally referred to as whistleblowers file lawsuit on behalf of the government, against parties who allegedly defraud the government and provide that the government may recover treble damages, plus fine and penalties.
5. Sherman Antitrust Act Issues:
This law prohibits activities that restrict interstate commerce and competition in the marketplace. As simple as it sounds, matters arising from this law can be very delicate.
6. Dissolution of Business, Mergers/Acquisition and other Business Chain:
How issues are resolved goes a long way to determining the continuous existence of the business. Hence, it needs due diligence.
7. Breaches of Contract:
Breach of contracts is a daily occurrence in civil litigation. It becomes a complex litigation when the breach of contract involves a very large sum of money at stake with multiple parties in multiple jurisdictions and so on.
Other Examples
Other examples of complex litigations include but are not limited to the following: Violations of Fiduciary Duties, Shareholder Litigation, Review of Articles of Incorporation & Bye Laws, Product Liability, Misuse of intellectual property, “White collar crimes”, Contract Disputes Involving Subcontractors, International Arbitrations, and so on.
Barnwell Law Group has decades of experience in handling the most challenging, and high-profile cases. This includes defending state agencies in a class action. Be it affirmative or defensive litigations,
Alternative Options to Litigation
1. Out of Court Settlement: With this option, our Complex Litigation Department weighs the risks of pursuing trials and the possible risk of a large jury verdict. If our client would likely spend so much time and money before the conclusion of the case, irrespective of whether we win or lose, we opt for an out of court settlement. Secondly, we weigh the impact of the suit on the day to day running of the business and the possible effect of the litigation on the business at the end of the legal process. All these and more are determinants of the option to take in handling your complex litigations.
2. Summary Judgment: This option can be chosen if, after the case evaluation, it is evident that there is no genuine issue of material fact to be resolved based on the facts of the case. Therefore, the party going for summary judgment is entitled to judgment on the law applicable to the established facts.
Why Barnwell Law Group?
At the Complex Litigation Department of Barnwell Law Group, we study your case. We also diagnose the legal issues and thereafter, work together to give your business the peace it needs to carry on its day-to-day activities in one piece. We prioritize the growth of your business over and above all!