Archive for litigation

Business Litigation: Things You Need to Know

If you are a business owner, at some point in the future you may need to lodge a lawsuit against someone. It may be a supplier for your business, a competitor, one of your employees, an independent contractor you deal with, or even a customer of your business.

It is imperative for all business owners to know and understand the basics when it comes to business litigation, even though you will hire an attorney if you are in this type of situation.

What is Business Litigation?

Business litigation normally occurs when a dispute breaks out in a business or commercial relationship. This can include your company versus another company, a group of people, or even a government entity. The issues are usually very involved ones which are why it will be important for you to have legal representation.

Keep in mind, anything filed in court, including lawsuits, falls under public records which means news sources in anyone else can look these records up which can be damaging for a company and cause public relations issues. Your company’s reputation is the most important asset you have, so you will want to avoid business litigation if at all possible. Handling a dispute effectively from the beginning of it is very important to your company’s bottom line and financial future.

While there are many different types of business litigation and different scenarios in which this type of dispute resolution is necessary, there are two types that are the most common when it comes to legal issues for companies. Business litigation can include a breach of a contract, an investigation into regulatory issues, trademark disputes, fiduciary disputes, insurance disputes, partnership disputes, and even post-closing disputes.

Be Prepared for Business Litigation

As a business owner, you may want to take on a “wait-and-see approach” when a legal dispute arises. Most people and other organizations do not want to confront litigation until they absolutely have to which means after an actual lawsuit is filed. In other words, many companies will base decisions on their fear of litigation or because they’ve been threatened with litigation.

You will want to hire legal representation immediately if a lawsuit is filed against your company or if it’s even threatened to be filed. An attorney with experience in business litigation can provide much-needed advice and support in these types of situations which will help you avoid making hasty decisions. An attorney can also help you identify areas of your business that may be vulnerable to potential business litigation and can provide you with advice and guidelines on ways you can protect your company from business litigation in the future. Basically, it’s better to be safe than sorry when it comes to business litigation.

Litigation Funding is Becoming More Popular

People need to defend their rights, and there is a new industry that is growing quickly. Litigation funding has become more popular among people who have filed a lawsuit. Now, people can borrow against lawsuit settlements, annuities, life insurance policies, and more. They feel like they can “get cash now,” but this is not necessarily right for everyone.

A lot of the commercials say that people can access funding with just a few short clicks or in just a few minutes. Even though this can be tempting, this is not necessarily the case. Many people exploring these options do not have any knowledge of the loan process, let alone lending related to lawsuits. People need to be careful even though it is often compared to a credit card application or a payday loan. They may not necessarily qualify, and they may not be given the best terms.

Those who are seeking litigation funding need to be aware that this is not the same as a traditional lender. A litigation funding company usually represents a group of investors. They are looking to turn a profit following the proceeds of a successful lawsuit. Even though it is the responsibility of the litigation funding company to do its due diligence, it is also the responsibility of the individual asking for the funding to speak with a trained legal professional. If the lawsuit does not get resolved in their favor, they could be in a difficult situation.

Furthermore, not every type of lawsuit is going to qualify. For example, people can get litigation funding for a personal injury case; however, it is much more difficult to secure funding for family law. Even though it is nice that not everyone is going to have to go through a credit check, it is still critical to take a look at the terms carefully. The terms are going to depend on how much money the plaintiff requires, the value of the lawsuit, and the reputation of the attorney. All of this is going to play a role in whether someone can secure funding for a potential payoff in a lawsuit.

Is Litigation leading To New Research in the Field of PFAS: An Overview

There are a lot of things in life that people take for granted. One of them is access to clean, safe drinking water. Unfortunately, many people across the United States do not have access to clean drinking water. One of the priorities of the Environmental Protection Agency (EPA) under the Biden Administration is to regulate the looming problem of PFAS, which stands for perfluoroalkyl and polyfluoroalkyl substances. This is a large group of chemicals that accumulate in the environment instead of breaking down spontaneously. These chemicals are commonly found in drinking water sources, our food sources, and even the air.

There are numerous reasons why this specific chemical can be dangerous; however, one of the biggest issues is that PFAS can lead to cancer. A few decades ago, the EPA started to investigate these substances for the first time. Throughout the years, a lot of information has been uncovered showing that these chemicals are incredibly harmful to the health of human beings. Now, there is a comprehensive regulatory scheme being developed to address this growing issue. It might even be possible for the courts to step in and do something about this problem.

Importantly, PFAS are not the first chemicals to lead to a flurry of lawsuits. These lawsuits fall under a category called “toxic torts.” While these lawsuits do not come on the heels of changes in government regulations or academic research papers, the litigation itself has led to new findings that could spawn research. In essence, litigation is leading to new research instead of the other way around.

Now, the companies that are responsible for introducing these chemicals into our water supply are under fire. It is incumbent on them to do something about it, or, they could find themselves in court facing a flurry of lawsuits. It will be interesting to see if plaintiffs have the ability to force these companies to change their actions. Hopefully, something will be done about them sooner rather than later. The health of the country depends on it because everyone deserves to have access to clean drinking water, and plaintiffs could be the ones driving the changes this country deserves.