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A Tax Guide for Plaintiffs Negotiating a Commercial Litigation Funding Agreement
Editors’ Note: This article is a follow-up to the authors’ series, Demystifying Commercial Litigation Finance, which in turn is based on their article, A Guide for Plaintiffs & Commercial Litigators Seeking Funding in the United States (the “Guide”).
Read MoreMaking Mediation Work Before the Dispute Goes Back to Court
Editor’s Note: Most business disputes end in a deal, not a verdict. That is not a guess. Exposed to the full cost and unpredictability of litigation, the vast majority of […]
Read MoreBaruch Gottesman and the $50 Million Letter for an Account That Didn’t Exist
Editor’s Note: This article tells the story of a $23 million investor fraud and the federal malpractice lawsuit that followed– not against the con man, who is already in prison, […]
Read MoreThe Valuation Gap: Why Litigation Demands a Different Model
In litigation, valuation is not an academic exercise. It is evidence under attack.
Read MoreWhen Marriage Becomes a Business Liability: Lessons from Celebrity Divorce Battles
Whether it’s reputational spillover, financial exposure, or ownership risk, marriage can directly impact the value and control of a business.
Read MoreDispositive Motions: How Cases Are Won (or Lost) Before Trial
Understanding how dispositive motions work and when to use them is critical for anyone involved in litigation.
Read MoreWhy Patent Reexaminations Are Experiencing a Resurgence
The resurgence in patent reexaminations reflects a convergence of procedural uncertainty, litigation pressures, evolving policy, and an appreciation for its strategic advantages.
Read MoreTrademark Damages Ask What the Infringer Made. They Should Ask What the Brand Lost.
Trademark damages often rely on infringer profits or lost sales; a better lens is how much revenue stems from misused brand value.
Read MoreEarnout Burnout: Drafting Earnout Agreements to Minimize Disputes Following the Sale of Private Companies
The interpretation of earnout provisions can lead to post-closing litigation. Consider these tips to reduce the risk of post-closing conflicts.
Read MoreLost Profit Claims: Proving Business Damages
Lost profit damages are designed to compensate a business for the profits it would have earned if wrongful conduct had not occurred.
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