Litigation FAQs
Straight answers on working with us, litigation, trademarks, patents, copyright, business formation, and more. Search, filter by topic, or ask your own question below.
Most disputes follow the same arc: a pre-suit assessment and demand; the complaint and the other side's response; discovery, where each side exchanges documents, answers written questions, and takes depositions; motion practice, sometimes including a motion to end the case early; settlement talks or mediation, which resolve the large majority of cases; and, only if needed, trial and a possible appeal. Each phase has its own deadlines and its own cost—and most matters never reach a courtroom.
Litigation
Discovery, almost always—the volume of documents, the number of depositions, and the fights over how far it all has to go. Motion practice, expert witnesses, and how aggressively the other side litigates pile on from there. Our job is to find the cheapest route to your real goal, which is frequently a well-timed, well-positioned settlement rather than a multi-year march to trial.
Litigation
Probably not. The large majority of civil disputes settle or resolve through mediation or arbitration before a trial ever starts. We prepare every matter as if it could be tried—that readiness is exactly what creates leverage to settle on good terms—but we'll always be straight with you about when settling beats the cost and uncertainty of rolling the dice in front of a judge or jury.
Litigation
Don't ignore it, and don't fire back on your own. Preserve everything related (deleting things can become its own problem), make no admissions, and get the letter to counsel fast—there's often a deadline buried in it. We'll assess how strong the claim really is, what your actual exposure looks like, and craft a response, which is usually a far cry from whatever the letter is demanding.
Litigation
Patent, trademark, copyright, and trade secret cases in federal district court, before the Patent Trial and Appeal Board, at the International Trade Commission, and on appeal to the Federal Circuit; business and commercial disputes including breach of contract, partnership and shareholder disputes, and fiduciary-duty claims; and arbitration. We assess the merits and the cost-benefit honestly up front so you can decide whether to fight, settle, or design around.
Litigation