Choose a Business Litigator Who Understands Business as well as He Understands Litigation
Any decent litigator can explain your rights and the legal procedures established to protect and enforce them. As a trial attorney with nearly a quarter century of experience in the State and Federal Courts in New Jersey and New York possessed of familiarity with a wide range of areas of practice within the law, I will ensure that you understand your rights and those procedures.
However, where I am unusually qualified is in my ability to understand, anticipate and prepare you for the economic impacts of a lawsuit by or against your business and to assist you in making wise business decisions about your litigation, as well as finding creative ways to maximize your claims and minimize your expenses and exposure. A background in business and economics, which I received from the Wharton School of Business at the University of Pennsylvania, gives me an insight into these dynamics and that education, combined with my experience as an attorney representing businesses of various sizes for so many years, has provided me with the perspective necessary to assist you not just in enforcing and protecting the rights of your business but also in doing so in an economically beneficial manner.
When Your Business Has a Claim
A claim, the basis for any lawsuit, is, from the perspective of any business, really just another asset, albeit an uncertain and potentially risky one. The cost of litigation, therefore, needs to be viewed as an investment, and like any business venture, a lawsuit on behalf of your business should be pursued with an eye towards profitability. Factors affecting the profitability of a lawsuit include the size of the claim (meaning the size of the loss to your business, in terms of both out-of-pocket expenses and lost profits or opportunities), the strength of the legal and evidentiary bases for the claim, the cost of litigating the claim, the risks associated with the claim (including the risk of a counterclaim against your business by any defendant, the risk of upsetting any customers or clients of your business who might be necessary witnesses or possess necessary evidence and the risk of simply losing the lawsuit), the time it will take to perfect your claim to a verdict and judgment and complete any potential appeals and the likelihood that any defendant is sufficiently solvent to satisfy any judgment obtained. Considering all of the economic factors carefully is as important when initiating litigation as it was when your business began. As an experienced business litigator with a strong educational background in economics, I can and will assist you in making the right decisions when it comes to whether to sue, whom to sue, where to sue and how to prosecute a claim.
When Your Business is Sued
Responding to a lawsuit involves a different set of economic considerations, but they are no less vital to the success of your litigation and, potentially, of your business. One of the most important considerations when defending a lawsuit against your business is whether to settle or fight, and that decision depends upon several factors in addition to the legal and evidentiary strength of your opponent's claim and the defenses to it. Again, the costs of a defense are key, as well as the risks of losing, of course. Another factor sometimes overlooked involves the opportunity costs associated with the time your business and its staff will spend preparing evidence for your attorney and the documents and testimony properly requested by the plaintiff's attorneys, as well as providing testimony in court at trial. And you will need to keep in mind that a reasonably high-level representative of your business will likely need to be at many of the depositions (pre-trial testimony taken for evidentiary and preparation purposes during what is called "discovery") and in court for nearly every moment of the trial, itself. Don't forget that your customers or clients might be called upon by your or your opponent in the lawsuit to provide evidence or testimony, and considering how that will affect your business and how to minimize any negative impact is absolutely necessary. Making the right decisions during a lawsuit requires the same care and logical reasoning that starting and operating your business profitably requires, and effective counsel will provide you with all of the information necessary to make the smart decision
When It Comes to Business Litigation, the Bottom Line is Your Bottom Line
Business litigation, like business, itself, is ultimately about minimizing unnecessary costs and maximizing your return on investment. A good business litigator can tell you not only how to achieve justice, but whether and how it can be achieved profitably. Justice that costs more than it's worth is no more than a meaningless slogan, and more importantly, it's just bad for business.
Get the right advice, legal and practical - Contact Me about your business litigation needs.