What is Litigation?

Litigation is the process by which an injured party can bring legal action for redress and compensation for their damages. Usually involving the court system, a litigation attorney is skilled in the procedures of our legal justice system and know how to wade through the numerous requirements and procedures of our courts. Litigation may often result in a court or jury trial, but often such legal disputes are resolved through settlement or arbitration through a neutral arbitrator. If you are injured either physically, emotionally or financially, you may be entitled to compensation for your damages or if you are being sued by someone else, you should have legal representation to protect your interests. Call A. Singer & Associates, Inc. today for a free consultation to find out your rights and remedies.
 
Alternative Dispute Resolution:
Disputes can be resolved traditionally, by way of litigation as described above, however, a modern trend is a less expensive and time consuming process now referred to as Alternative Dispute Resolution (ADR.) This trend is in the direction of resolving disputes more informally than through a court of law through one of two methods of conflict resolution, called "mediation" and "arbitration".

Mediation:
Mediation is one form of Alternative Dispute Resolution that is gaining in popularity in all types of litigation matters. In this process, the parties jointly select a mediator, often a lawyer or retired judge, known by both sides to be honest and fair and, more importantly, known to have experience with the type of issues involved in the mediation. Each side submits written factual summaries to the mediator, together with any legal citations that seem appropriate.

There is a meeting, usually at the mediator's office. The mediator meets first with both sides, inquiring whether or not there has been any progress toward settlement, and if so, he or she may invite the parties to use his office to discuss the matter further. The goal in a mediation is to assist and guide the parties to reach a mutually agreeable settlement. Often, the mediator will meet with each side separately, commenting on that side's factual summary and the law supporting (or not supporting) their position. The mediator will often express an opinion as to the probable outcome if the issues are litigated, and may make recommendations with regard to settlement. The mediator gives both sides an opportunity todiscuss the mediator's interpretation of the case and settlement recommendations with their attorneys. Then all come together again and the mediator attempts to urge both sides toward a common ground of settlement. The mediator has no authority to impose a settlement, so the parties remain free to resolve their dispute in court if the mediation is unsuccessful.

Arbitration:
Arbitration is another method of Alternative Dispute Resolution. In this process, the parties jointly select an independent arbitrator often choosing someone with an outstanding reputation for personal and professional integrity, with heavy litigation experience involving cases similar to the one in which the parties are currently involved. The parties may select either "binding" or "non-binding" arbitration. Some lawyers discourage their clients from participating in "non-binding" arbitration, seeing futility in the expense and inconvenience of a process that may prove a waste of time. Other attorneys discourage their clients from participating in "binding" arbitration, so that their options are preserved in the event of an unreasonable adverse ruling by the arbitrator.

Arbitration is just like a trial only in a more informal setting. In binding arbitration, the arbitrator's decision is binding and ultimately taken to a court of law so that a judgment may be issued on the arbitrator’s award. Unless there is some egregious error of some kind that occurred in the process, courts will uphold the award and issue a judgment that is binding on all parties just as if it was issued by the court itself. In arbitration, each side presents evidence and witnesses just like a trial but the only adjudicator is the arbitrator. The rules of evidence are less rigorously applied in arbitration hearings than in trials. Sometimes the arbitrator announces a decision at the end of the hearing, but more often, the case is taken under submission by the arbitrator, the decision being communicated by letter to both sides within a week or two. The arbitration process takes a lot of pressure off the court system, and it has proven itself as an effective alternative method for the resolution of disputes. Courts are encouraged to support arbitration as a most effective form of dispute resolution.

Business Litigation:
Business litigation is the area of law in which a business, whether a sole proprietorship, partnership or corporation, can protect its rights through either filing or defending a lawsuit. Business lawyers advise and represent businesses and financial institutions in such areas as contracts, business torts (i.e, negligence), class actions, financial disputes, government investigations, international dispute resolution, employment law, real estate disputes, securities and antitrust, technology and intellectual property, professional malpractice, shareholder and corporate governance and telecommunications. Business lawyers place an emphasis on achieving or defending against pre-judgment remedies, including pre-judgment orders for writs of possession, attachments, temporary restraining orders, and injunctions, as well as arbitration or mediation. Transactional business lawyers represent clients in matters relating to, but not limited to, organizational, operational and contractual documents for all types of businesses. This can include incorporation documents, partnership agreements as well as real estate acquisitions and commercial financing. At A. Singer and Associates, we put an emphasis on small business solutions and assistance, something that most business owners know little about despite the high risks that may be involved.

Real Estate Litigation:
This form of litigation involves the sale and or purchase of real property and any problems that may occur in the process or even after a sale is completed. Parties to such law suits can range from the individual buyers and sellers of the property to the real estate agents, real estate broker, home inspectors, termite inspectors, contractors and even the mortgage brokers and companies. Such litigation is as diverse as the people involved and can often become quite complex if parties are claiming injuries for mold infestation, for example or damage from shoddy construction. A Singer and Associates specializes in this area of law.
Personal Injury Litigation:
Personal Injury Litigation obviously involves some type of physical injury that someone may sustain as the result of the negligence or, even, intentional acts of others. This type of litigation includes everything from automobile accidents to dog bits and even medical malpractice claims. Since most often parties in such litigation are covered by insurance, this type of litigation requires a certain level of expertise in understanding the workings and procedures of insurance companies and insurance policies. At A. Singer & Associates, we have skilled, experienced personal injury litigators who are available to meet with you to discuss your case and what you can expect in the litigation process.

Bankruptcy Law:
Bankruptcy is a process authorized under the federal Bankruptcy Act under which a debtor who is unable to pay his or her creditors may petition the U.S. Bankruptcy Court for relief. Depending upon the factual circumstances of the case and the particular Chapter of the Bankruptcy Act under which relief is sought, the Court may grant varying forms of relief, ranging from an order granting full discharge of the debts to the establishment or an arrangement under which the debtor is given additional time to pay the debts. As long as the debtor complies with the terms of that arrangement the creditors will be barred by court order from taking any further collection actions against the debtor. There is a special type of Bankruptcy proceeding authorized under Chapter 11 of the Act. It is called "business reorganization," and it is designed to enable a business debtor to remain in business while reorganizing the debt under a plan providing for the creditors to be paid.

Condominium Conversions:
The upsurge in land values in recent years has contributed to the growing popularity of condominium living. More and more people, especially first time home buyers, are turning to condominiums for their first real estate investment. As the cost of building materials and construction labor has increased, so has the interest in the conversion of mobile home parks and apartment buildings into condominiums or cooperative corporations. Condominium conversions can be extremely profitable, but they are long-term projects, sharply regulated by state and local legislation.

Condominium Association Matters Including Common Area Fee Recovery:
While Condominium Associations are autonomous, they must comply with state and federal law and with the provisions of their own bylaws. A qualified real estate lawyer can provide timely and useful advice to Condominium Associations so that they may accomplish this purpose. Association officers can be held individually responsible if the Association fails to comply with the law.

Construction Liens:
When doing building construction or repairs, building contractors often utilize a legal device called a "construction lien" as a means of making certain they will be paid for their labor and materials. The creation of a lien involves written notice to the owner of the property and other formal requirements, and its enforcement is subject to strict procedural rules. Once a valid lien attaches to the property, however, it operates as a claim against the property which, if it remains unpaid, can ultimately result in foreclosure proceedings.

Contract Law:
Contracts are the very stuff upon which the marketplace is founded, and they provide the basis for a large share of business litigation. The remedies for breach of contract include money damages and injunctive relief expressly directing one of the parties to perform a contractual obligation. This remedy involves a form of injunction called a "specific performance" decree. The remedy of specific performance is often called an "extraordinary" equitable remedy, in that courts will not grant specific performance except in a sharply limited number of circumstances. Punitive damages are not an available remedy in a contract lawsuit.
 
Defamation:
Defamation is the communication of a false and unprivileged statement that exposes another to hatred, contempt, or ridicule, or which causes him or her to be shunned or avoided, or which has a tendency to injure him or her in his or her trade or occupation. The defamatory statement must be communicated to someone other than the person to whom it refers, and it must refer to a living person. Defamation communicated verbally it is called Slander, but if it is communicated in writing, it is called Libel. Most defamation litigation in the business arena concerns the employer’s "qualified privilege" to defame. Under this concept, employers and former employers are often protected from liability for defaming employees or former employers. By its very definition, however, the privilege is "qualified," and not absolute. It is generally limited to situations in which the employer or former employer is making a good faith communication of information to someone who has a legitimate interest in receiving it..

Eminent Domain Proceedings:
Eminent Domain proceedings are used by governmental agencies to acquire real estate (even when the owner doesn’t want to sell it) for use in a project of some kind for the general public benefit. A recent decision by the United States Supreme Court has greatly expanded the discretion of state and local governments to seize property, even when they do so for the benefit of a private company, if they feel the project contemplated by the private company will benefit the public. In mounting a defense to an eminent domain action, the landowner can resist the seizure itself, and can also challenge the dollar amount the agency is willing to pay for the land. The landowner in an eminent domain proceeding is entitled to the fair market value of the land.
 
Employment Law:
Employment law is a growing and ever-changing body of state and federal statutes, rules, regulations, ordinances, judicial precedents and administrative rulings touching on the legal rights and obligations of employers and employees, and of their respective affiliated organizations. One or another aspect of employment law affects virtually every facet of commercial activity in the modern marketplace.

Estate Planning Law:
An estate is the collection of assets held by an individual, including real and personal property. Estate planning is the process that an individual and his or her family undertake to determine how best to transfer those assets prior to and at the time of the individual's death. The estate plan's purpose is to work within existing state and federal laws to preserve the maximum amount of wealth possible for the beneficiaries (those designated to inherit the estate). The most common means for carrying out the estate plan is through legal documents, primarily wills and trusts. Estate planning includes simple and complex wills, living wills, revocable and irrevocable trusts, gift planning, Medicare protection, family limited partnerships, powers of attorney, health care powers of attorney, limited powers of attorney, special powers of attorney and prenuptial agreements.

Foreclosure Issues:
When mortgage payments fall behind, the lender may ultimately take steps to foreclose. Sometimes the best course is to seek temporary relief in the United States Bankruptcy Court. Since the mortgage is a "secured" debt, it cannot be discharged in bankruptcy. The filing of a bankruptcy petition triggers an automatic federal court order temporarily staying (suspending) any pending foreclosure sale. With the additional time provided by the stay, the defaulting borrower can often make arraignments to sell the real property for a much higher price than would be obtained in a foreclosure sale.

Essentially, a foreclosure sale involves sale of the real estate at public auction. The proceeds of the sale are then applied against the debt owed on the mortgage. Any funds remaining after the mortgage (and the foreclosure costs) are paid will be transferred to the defaulting borrower. What happens when the proceeds of the auction sale are insufficient to pay off the mortgage and/or the foreclosure costs depends on the law where the property is located.

Franchises and Other Types of Business Marketing:
A great many small businesses in the marketplace today are operated not as purely independent businesses, but as franchises, distributorships, or any of various types of licensing arrangements. All of these businesses are created through written agreements containing express and implied warranties, and it is not uncommon for issues to arise resulting in litigation.

Fraud:
Fraud is not an uncommon cause of action in civil and business arenas. False representations in the sale of goods or property or even in contractual promises are common bases for many law suits. In the civil business litigation arena, there need only be a showing that the defendant made a false statement, intending that the plaintiff rely upon it and that the plaintiff did, in fact, rely upon it. A plaintiff is entitled to monetary compensation as well as punitive damages if they were damaged as a result of reasonably relying on such false representations. Punitive damages are commonly awarded to successful plaintiffs in fraud cases.

Government Regulation Law:
Businesses often find themselves at odds with one governmental agency or another, whether it be the local zoning commission, the federal Environmental Protection Agency, the Federal Trade Commission, or any one of several hundred other federal, state and local agencies. Conflicts with governmental agencies are usually covered under state and federal statutes, and also under state and federal regulations and local ordinances. As a general rule such conflicts are litigated before administrative tribunals under administrative law. This usually imposes fewer formal requirements on the parties and produces a quicker result, but sometimes it does so at the expense of someone’s rights. If you feel that your rights have been violated in an administrative hearing that has gone against you, the judicial system will consider an application for relief, based upon allegations that there was an abuse of discretion in the holding against you.

Intellectual Property Law:
The term "intellectual property" refers to a "creation of the intellect" that has commercial value, such as copyrighted literary or artistic works, and ideational property, such as patents, appellations of origin, business methods, names, images, and designs used in commerce and in industrial processes.

Land Development Issues:
Land development projects grow more difficult and complex with each passing year. Your real estate lawyer can guide you through the labyrinth of zoning regulations, environmental agency requirements, building, fire and safety codes and the various other requirements for doing business in this complicated field of real estate.

Mergers and Acquisition Law:
The phrase "Mergers and Acquisitions" refers to corporate financing, strategy and management in the merging and acquiring of different companies and their assets. Usually mergers occur in a friendly setting where executives from the respective companies participate in a due diligence process to ensure a successful joinder. Corporate mergers are often aimed at reducing market competition. On other occasions, acquisitions can occur through hostile takeover by a "corporate raider" purchasing the majority of outstanding shares of a company in the open market. In the United States, business laws vary from state to state whereby some companies have limited protection against hostile takeovers.

Technically, what differentiates a merger from an acquisition is how it is financed. Simply put, a merger is a combination of two companies joining together into one larger company. A "merger" or "merger of equals" is often financed by an all-stock deal (a stock swap). An all-stock deal occurs when all of the owners of stocks of either company get the same amount of stock in the new combined company. The term "demerger" is sometimes used to indicate the effective opposite of a merger, where one company splits into two, the second often being a separately listed stock company if the parent was a stock company. An acquisition (a larger company buying out a smaller company) can involve a cash and debt combination, or just cash, or a combination of cash and stock of the purchasing entity, or just stock. In addition, the acquisition can take the form of a purchase of the stock or other equity interests of the target entity, or the acquisition of all or substantially all of its assets.
 
Quiet Title Matters:
Sometimes a particular piece of real property has title defects of such significance that no sale or other transfer of ownership can occur until they are resolved. The usual method of clearing title defects is a lawsuit called a "Quiet Title" action. In the Quiet Title action, the Court would receive and consider evidence on the issue, and if satisfied that the judgment had been discharged, would issue an order dissolving (removing) the judgment lien.

Real Estate Breach of Contract Issues:
Once a written agreement has been executed by both parties to a real estate transaction its provisions are legally binding. Which judicial remedies, if any, may be available for the breach of the agreement depends on a variety of factors. There may, for example, be remedies available to the Buyer if the Seller breaches that are not available to the Seller, if the Buyer is the breaching party.

Real Estate Financing and Transactional Services:
Typically, as they expand, growing businesses become more and more involved in real estate transactions, ranging from office space to retail store properties to warehouses and shopping mall syndication. A qualified business lawyer can provide valuable assistance in traditional real estate purchase, sale and leasing transactions, and in dealing with environmental and various other issues arising out of industrial and agricultural redevelopment projects.

Real Estate Negotiations:
In major financial transactions, especially those involving real estate properties, it’s important to have a knowledgeable negotiator working for you, one who knows the law and whose loyalty to you is undivided. Real estate brokers and agents depend on sales commissions for their livelihood. If the sale does not occur they receive nothing for their time and energy, and this can create a conflict of interest. You need someone representing you who is less concerned about a particular sale going through than with making certain your legal rights are protected.

Sales Commission Disputes:
In avoiding sales commission litigation there is no substitute for an artfully drafted agreement spelling out precisely how and at what rate sales representatives are to receive commissions. Common usage and custom are also taken into consideration by courts in determining the issues, even where there is a written agreement.

Securities Litigation Law:
In the course of financing expansion, businesses commonly turn to one or more activities involving the sale of securities, ranging from the funding and formation of start-up companies to buying and selling professional companies, and engaging in private stock offerings and re-sales. Businesses may also get involved with such things as venture capital financing, forming off-shore sales and sourcing entities, structuring commercial and partnering transactions and syndicating real property acquisitions.
 
Software Law:
Computer software issues are among today’s fastest growing areas of business litigation. This burgeoning commercial field is broad-based, spanning many levels, including software licensing, maintenance and support, source code escrow, as well as end user licensing, patent and other technology license agreements. High-tech business litigation also involves software development agreements, purchase and supply agreements, manufacturing agreements and non-disclosure agreements.

1031 Exchanges:
Internal Revenue Service Code §1031 provides a means for deferring the capital gains tax consequences of a real estate transaction when the proceeds of sale from one transaction are to be promptly reinvested in another similar type property. The key word here is "deferral". What happens is that the tax basis of the old property is transferred to the new, so that when the new property is ultimately sold, the tax will be due. Of course, if the second property is also sold under a 1031 exchange, the tax will be deferred yet again.

Title Clearance Issues:
In large urban centers title insurance has reduced the need for in-depth title searches by real estate lawyers, but this is not necessarily the case in rural areas of the state. As with any other insurance policy, title insurance documents are usually packed with disclaimers of one kind or another, all in highly technical real estate jargon and legalese, and all set forth in the tiniest of fine print. Failure to fully understand the import of a particular clause or disclaimer in the policy can result in financial consequences at some later date, when it may be too late to do anything about it. If you find things in the title policy you don’t understand, your real estate attorney can explain them to you and can also point to you any items that need to be challenged and resolved. Given the amount of money involved in modern real estate transactions, it is critical to make certain that title problems are not going to make the deal a disaster.

Trade Secrets:
A trade secret is any information that can be used in the operation of a business or other enterprise and that is sufficiently valuable and secret to afford an actual or potential economic advantage over others. Trade secret difficulties can be eliminated or, at least, minimized by effective legal language in employment and/or severance agreements, but situations will still arise from time to time where litigation presents the only viable solution.

Zoning & Land Use Issues:
Zoning and land use laws come into play in every real estate development, whether large or small. Before buying real estate property or making major improvements to property you currently own, it is absolutely essential that you know about and understand the existing zoning and land use restrictions.

As a general rule, specified land uses are compatible. You cannot, for example, put in a dairy herd, a shopping mall or an office building on land zoned for residential use. It is sometimes possible to persuade local authorities to change the zoning for a particular area, but it can be very difficult, very expensive and it can take a long time. In some cases it is possible to secure a zoning variance. A variance is in the nature of an "exemption" for the particular parcel of real estate, from a particular zoning requirement. Zoning changes and variances both involve extremely complex and difficult legal and political skills and often require public hearings before governmental agencies.

If you or someone you know in Ventura County or Los Angeles County needs the assistance of an experienced Agoura Hills Business Litigation Attorney, call A. Singer & Associates today at 866-720-9969, or complete the contact form provided on this site to schedule your free consultation.