Litigation & Dispute Resolution
Negotiation before litigation.
One of many important considerations that should be given to litigation is that it should be regarded as a tool of last resort. We will help you examine the possible alternatives to resolve a dispute and possibly avoid litigation, including licensing, mediation, negotiation, arbitration, domain name dispute resolution through ICANN, and opposition or cancellation proceedings, to name just a few.
Task based billing for better value
When litigation is the only alternative, we will work with you to develop a cost effective strategy for the best possible outcome in all areas of intellectual property. Our worldwide network of experienced counsel is always available to assist when matters cross international borders. The litigation department works closely with the members of our other departments to ensure that the most effective analysis of the legal and technological issues occurs in tandem with the management of your overall intellectual property portfolio.
Strategy considerations
- Identify which key interests are at stake
- Consider the impact that litigation is going to have on your organization
- Is your goal to deter? Or to set a precedent?
- Consider what is required to prove the claim
- How much will litigation cost both in terms of time and dollars? Can you afford it? Can you afford not to do it?
Factors that increase costs
- Micromanagement
- Emotional involvement (position vs. interests at stake)
- Litigator mentality – refusal to negotiate with the other side
- Inadequate access to information
- Poor communication
