Three Types Of Litigation You Should Be Aware Of

Written by Business magazine. Posted in Frank bullock, James f. davis, Stephen m. orlofsky

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Each day, millions of lawyers get to work across the world — with many of them working within the United States. The fact is that litigation has become a part of our world. We often work through litigation, and at the same time, we often try to avoid it whenever possible. Sometimes, avoiding litigation is impossible. There are many reasons why you may need a litigator on you side. With that being said, it’s possible that litigation can be helpful — there doesn’t have to be a “loser” in all litigation cases. Sometimes, litigation has to do not with crime, but with taxes or corporate law. Other times, it may have to do with intellectual property. There is also federal securities law litigation. In preparing for litigation, there are several steps you can take. Many lawyers like to hold mock trials and essentially “test” their cases before a mock jury. In this way, they can know what to expect, and how they should change their case to create a better outcome. Let’s look into the different types of litigation out there, and how they can help people.

Federal Securities Law Litigation

What is federal securities law litigation? Although federal securities law litigation is not an uncommonly-utilized type of litigation, many don’t know what it means. Federal securities law in general refers to the regulation of securities in the U.S. But then, what are securities? Securities here do not refer to the type of security that people often imagine, but rather the financial term. A security is a tradable financial asset, with its legal definition varying depending on jurisdiction. In some areas, this term refers to financial instruments other than equities and fixed income instruments. In others, the term “securities” refers to any type of financial instrument. Clearly, this type of litigation can be used in any number of ways. The federal securities laws regulate roles like those of broker-dealers and other professionals. They regulate the distribution of new securities, the trading of securities, the regulation of debt securities, the regulating of mutual funds, and the regulation of investment advisers. This kind of litigation, therefore, can be used on a corporate level. There is a lot of money at stake with this kind of litigation, and it can’t be neglected.

Personal Injury Litigation

Personal injury litigation is among the most well-known types of litigation. It’s also very lucrative. As high-stakes as this type of litigation can be, it requires a lot of preparation and time. Yet it’s also very important. Personal injury litigation leads to actual change, which in turn keeps people safer and healthier. It’s believed that over 5,000 lives could be saved each year and thousands of cases of respiratory and heart disease prevented by reducing toxic air pollution from industrial plants. Personal injury lawsuits, if successful, can force these plants to make a change. But it’s not just industrial plants we should worry about. An estimated 40% of Americans are worried about indoor and outdoor air quality — particularly in regards to carbon emission, tropospheric ozone, particulate matter, sulfur oxides, volatile organic compounds, radon, refrigerants, and methane emission. Personal injury cases, when high-profile, can grab enough attention that changes are made. And even if widespread change doesn’t happen, your case deserves to be heard.

Intellectual Property Litigation

Intellectual properties are works — or even inventions — that are the products of an individual’s creativity. That person can and should have rights to their intellectual properties, and can apply for a patent, trademark, or copyright, among other things. This is where litigation comes in. Whether that litigation concerns the application for a patent or a breach of copyright, or one of many other matters, is dependent on the client in question. There are many things unknown about intellectual property to the general public — such as the fact that the limited-time term of a patent is 20 years from the earliest patent filing application date. This term can be extended through patent term adjustment, or, if necessary, litigation.

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