Lexero LLC https://lexero.com Thu, 24 Jan 2019 14:40:33 +0000 en-US hourly 1 https://wordpress.org/?v=5.8.1 https://i0.wp.com/lexero.com/wp-content/uploads/2018/06/cropped-Screen-Shot-2018-06-26-at-9.52.29-AM.png?fit=32%2C32&ssl=1 Lexero LLC https://lexero.com 32 32 148557988 An Overview of the Anti-cybersquatting Consumer Protection Act https://lexero.com/blog/an-overview-of-the-anti-cybersquatting-consumer-protection-act/ Sun, 20 Jan 2019 14:37:22 +0000 https://lexero.com/?p=3419 The Anticybersquatting Consumer Protection Act (ACPA) was passed in 1999 in order to provide protections for companies and individuals who had a third party register their company name as a domain. At that time, people were buying up the domain names of famous individuals, companies of all sizes, trademarked names, and a variety of other […]

The post An Overview of the Anti-cybersquatting Consumer Protection Act appeared first on Lexero LLC.

]]>
The Anticybersquatting Consumer Protection Act (ACPA) was passed in 1999 in order to provide protections for companies and individuals who had a third party register their company name as a domain. At that time, people were buying up the domain names of famous individuals, companies of all sizes, trademarked names, and a variety of other things with the intent of simply holding them until another party wanted to buy them. They could then charge large sums of money for the trademark holder to buy the domain back (or they could also sell it to a competitor).

When Can the ACPA Be Used?

Companies or individuals can bring a case against another party using the ACPA when a domain was registered by someone who engages in any or all of the following activities:

  • Profit from the Domain Without Intent to Build Site – When someone buys a site but does not build a website, or intend to build a website, on their own. They instead plan on making a profit from the domain name alone.
  • Registers, buys, or traffics in Distinctive Names – When someone registers or buys domain names that are trademarked, or those that are confusingly similar to trademarked domain names.
  • Registers Names of Famous People – When someone intentionally registers domain names of celebrities or other famous people without the intent to make their own website.

In order to meet the above-mentioned standards, the trademark owner needs to be able to show that name or phrase used as the domain is widely recognized as being associated with the trademark owner or their company. This must be clear to the general public.

What Do the Courts Consider?

When reviewing cases related to the ACPA, the courts will look at a variety of different factors. These factors include things like the registrant’s trademark, their intellectual property, whether the domain name contains things like a legal or common name, whether the domain in question has a connection with offering goods or services, and much more.

When to File a Case

If you think that someone has registered a domain name that you are entitled to under the ACPA, you will want to start by gathering as much information as possible. While the courts are certainly reasonable when it comes to protecting the rights of trademark owners, they also want to allow others the right to register reasonable domain names. Contact us to discuss the specifics of your situation and see if a lawsuit is a good idea.

The post An Overview of the Anti-cybersquatting Consumer Protection Act appeared first on Lexero LLC.

]]>
3419
Why Your Website Needs a Privacy Policy https://lexero.com/blog/why-your-website-needs-a-privacy-policy/ Thu, 20 Dec 2018 16:57:51 +0000 https://lexero.com/?p=3173 For most businesses today, having a website is an essential part of their marketing and overall branding strategy. In many cases, it is also a key area where sales and customer interaction take place. With this in mind, you need to make sure your website is set up properly so that you can maximize its […]

The post Why Your Website Needs a Privacy Policy appeared first on Lexero LLC.

]]>
For most businesses today, having a website is an essential part of their marketing and overall branding strategy. In many cases, it is also a key area where sales and customer interaction take place. With this in mind, you need to make sure your website is set up properly so that you can maximize its benefit. One critical aspect of your website that many people overlook is the privacy policy. While very few people ever read these pages, they are actually quite important. Read on to learn why.

It is Legally Required in Many Cases

If your website collects any type of personal information, you are legally required to have a privacy policy. This policy must outline what you do with the information collected, whether you sell or rent the information, and other important details. Personal information can include name, email address, GPS location, phone number, mailing address, and a variety of other pieces of information.

Third Party Services Often Require It

Websites today are quite advanced and will often incorporate a variety of third party tools and services into your app. If you are using any of these types of services, the chances are that they will require that you have a privacy policy in place on your site. Some examples of third party services that require a privacy policy include Google AdWords, Google Analytics, SDKs, and more.

Give Users Peace of Mind

While only a small percentage of users will actually read your privacy policy, many more of them want to at least know that it is there. Having a link to your privacy policy at the bottom of the page, and then again anywhere that has a consumer enter their personal information, will help give them the peace of mind that you won’t be misusing the data that they are trusting you with.

There is No Real Downside

In the end, there is no real downside to adding a privacy policy to your website. Even if you’re not sure that you are required to have one on your website, it makes sense to put one up just to be safe. You may never know how it fully benefits your business, but in the long run it is well worth the effort.

Get Help Today

Generic privacy policies can be acceptable for certain types of businesses, but it is often best to have one customized to meet your specific needs. If you want to speak with an attorney about your website’s privacy policy, please don’t hesitate to contact us today.

The post Why Your Website Needs a Privacy Policy appeared first on Lexero LLC.

]]>
3173
Anti-SLAPP https://lexero.com/blog/anti-slapp-lawyer/ Mon, 26 Nov 2018 21:16:49 +0000 https://lexero.com/?p=2825 You have a constitutional right to petition the government for a redress of grievances guaranteed under the First Amendment of the United States Constitution as well as the free speech and petition clauses of many state constitutions. If someone is trying to intimidate or censor your free speech, you have the right to fight back […]

The post Anti-SLAPP appeared first on Lexero LLC.

]]>
You have a constitutional right to petition the government for a redress of grievances guaranteed under the First Amendment of the United States Constitution as well as the free speech and petition clauses of many state constitutions. If someone is trying to intimidate or censor your free speech, you have the right to fight back and in some cases there is already legislation to help.

What is a SLAPP?

A SLAPP or a “strategic lawsuit against public participation” is often disguised as a defamation case. The difference is that the alleged offense occurred in the course of political discussion. The earliest of these cases were often filed against local neighborhood groups and individuals who dared to oppose a zoning request or land use regulation. However, anytime a citizen is speaking, whether it be oral, broadcast or publication, on a subject of public interest, there is a danger of some chilling public interest litigation. The goal of the plaintiff is to stop a vocal opponent from expressing their first amendment rights.

What does Anti-SLAPP Legislation Prevent and Protect?

In the states that do not have a statute to curb this type of lawsuit, motions to dismiss and motions for summary judgement sometimes will stop them early. However, merely litigating a case, even if you ultimately win, is costly, painful and chilling to free speech. Even the threat of a lawsuit of this kind can cause a vocal opponent to think twice about speaking up.

In the states that have a statute to prevent this type of malicious prosecution, the law often provides a halt to discovery. Demanding loads of documents and requiring multiple depositions early in litigation is a typical method of attempting to squash “the little guy.”  It is also often a fishing expedition to find something that is not constitutionally protected speech to provide some merit to an otherwise meritless case. Second, these statutes provide for recovery of attorney’s fees for the defendant if the plaintiff’s case is deemed to be a SLAPP. This is a big plus, especially for a smaller litigant, facing large corporations or other firms with legions of staff attorneys. Even if the plaintiff drops the case, they cannot escape paying the penalty for filing a weak case.

What to do if you suspect you are the defendant in one of these meritless lawsuits?

Speak with an experienced Anti-SLAPP lawyer at Lexero that understands the nuances of these cases. You need an experienced attorney to protect your rights, no matter where you live or what laws may apply in your case. The first amendment is too important to leave to doubt.

The post Anti-SLAPP appeared first on Lexero LLC.

]]>
2825
What You Need to Know About Cyberbullying https://lexero.com/blog/what-you-need-to-know-about-cyberbullying/ Tue, 20 Nov 2018 15:47:24 +0000 https://lexero.com/?p=2874 When most people hear of cyberbullying, they assume that it is an issue only impacting young people who are bullying others online. While that is certainly a major component of this problem, this is just one aspect of a much larger subject. In fact, cyberbullying today impacts adults all the time, and is even a […]

The post What You Need to Know About Cyberbullying appeared first on Lexero LLC.

]]>
When most people hear of cyberbullying, they assume that it is an issue only impacting young people who are bullying others online. While that is certainly a major component of this problem, this is just one aspect of a much larger subject. In fact, cyberbullying today impacts adults all the time, and is even a very serious legal subject that can lead to fines and jail time. If you are a victim of cyberbullying, or you are accused of cyberbullying, you need to have a good understanding of this subject.

Examples of Cyberbullying

There are many different actions that can be considered cyberbullying. All of them can cause serious psychological suffering and may lead to consequences in the real world. One may not assume that their actions online aren’t serious or won’t have further impacts. The following are some of the most common types of cyberbullying seen today:

  • Harassment – This is the most well-known type of cyberbullying and is where one person or group harasses another individual on social media, email, or other platforms. This harassment can be name calling, criticizing, and even encouraging the individual to commit suicide.
  • Threats – Threatening people online is a very serious form of cyberbullying. These threats can include saying they will fight the other party when they see them, they will kill them, or other serious types of violence. Even threatening a school or workplace shooting can be considered cyberbullying.
  • Outing – Outing can either be revealing a serious type of personal information about the other party or posting private images or videos about the person. Common types of outing include revealing a private sexual orientation of another party or posting private pictures publicly.
  • Masquerading – Masquerading is when one person or group pretends to be another person, or even acts anonymously, to engage in other types of cyberbullying.

Legal Penalties of Cyberbullying

The legal penalties of cyberbullying can vary greatly depending on the extent of the bullying and what other actions were taken. For example, if someone commits suicide after extended cyberbullying, the bullies can be held legally responsible based on their actions. Given the rapidly changing nature of the Internet, and cyberbullying itself, the courts often struggle to keep up with appropriate laws and punishments.

This is one reason why it is so important to have experienced legal representation whenever dealing with these types of issues. If you have been the victim of cyberbullying and want to talk about your options, or you are accused of cyberbullying, please contact Lexero Law Firm to schedule a consultation today.

The post What You Need to Know About Cyberbullying appeared first on Lexero LLC.

]]>
2874
The Communications Decency Act of 1996 | The Volatile Law that Built the Internet https://lexero.com/blog/the-communications-decency-act-of-1996-the-volatile-law-that-built-the-internet/ Sat, 20 Oct 2018 16:06:11 +0000 https://lexero.com/?p=2474 The Communications Decency Act was first made law in 1996 and has been one of the most important and volatile sets of rules and regulations ever since. Immediately after its passing, free speech groups filed suits to rule it unconstitutional due to it being vague in a number of areas, which would result in it […]

The post The Communications Decency Act of 1996 | The Volatile Law that Built the Internet appeared first on Lexero LLC.

]]>
The Communications Decency Act was first made law in 1996 and has been one of the most important and volatile sets of rules and regulations ever since. Immediately after its passing, free speech groups filed suits to rule it unconstitutional due to it being vague in a number of areas, which would result in it violating the first amendment. Much of the original law was indeed ruled unconstitutional, but some of it remained in place, including section 230.

Section 230

This section is primarily used to limit the liability of website owners based on content that is submitted by their users. For example, Facebook can’t be sued because a user makes an unlawful post on their site.  

This section has been amended several times over the years. Some of the most significant changes included the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) and the Stop Enabling Sex Traffickers Act (SESTA) that were passed in 2018. These changes have resulted in making it illegal for website owners to knowingly assist or facilitate in sex trafficking.

Violations of the Communications Decency Act

While this act has done a lot to protect free speech on the Internet, it doesn’t give website owners or any communications device users a free pass on everything. There are a number of different ways that people can, and have, violated this act. The following are some key violations to be aware of:

  • Sex Trafficking Services – The most high-profile example is when backpage.com, a site that allowed users to offer their sex-based services to local customers, was shut down. This was because the site was easily used for sex trafficking and violated the SESTA amendment.
  • Adult Services Pages – Related to the previous example, CraigsList took down their “personals” section of their site where people would go to meet up with others. This is because CraigsList knew that they couldn’t prevent this section from being used in sex trafficking.
  • Failure to Warn Situations – Courts have determined that the laws in the Communications Decency Act can be used in failure to warn claims. This means that a website may have an obligation to warn users of foreseeable dangers of using their service, if it is practical.

Navigating this Confusing Act

There is no doubt that the Communications Decency Act is confusing. This is in large part due to the fact that so much of it has been changed, ruled unconstitutional, or amended in the years since its passing. If you are being charged with a violation of this act, or you want to take steps to ensure you are not, please contact Lexero Law Firm to discuss your situation.

The post The Communications Decency Act of 1996 | The Volatile Law that Built the Internet appeared first on Lexero LLC.

]]>
2474
4 Situations When You Need a Nondisclosure Agreement https://lexero.com/blog/4-situations-when-you-need-a-nondisclosure-agreement/ Thu, 20 Sep 2018 18:44:20 +0000 https://lexero.com/?p=2061 If you are running a business, you need to make sure you are able to maintain every possible market advantage possible. For many businesses, the most important thing is to keep your products, technologies, strategies, and other ideas private so competitors can’t use them. One of the most effective ways to do this is to […]

The post 4 Situations When You Need a Nondisclosure Agreement appeared first on Lexero LLC.

]]>
If you are running a business, you need to make sure you are able to maintain every possible market advantage possible. For many businesses, the most important thing is to keep your products, technologies, strategies, and other ideas private so competitors can’t use them. One of the most effective ways to do this is to use non-disclosure agreements whenever appropriate. These agreements will allow you to share private information without the risk of that person using it themselves or sharing it with others who should not have it.

When Employees are Given Access to Confidential or Proprietary Information

Employees often have to have access to confidential or proprietary information in order to do their jobs. If they do not sign a nondisclosure agreement, they could be recruited away from your company by a competitor, and then use some or even all of their knowledge to benefit that company and therefore hurt your business. Another risk is that the employee will take the confidential information they learned working for you and start their own business in direct competition.

Presenting Offers to Potential Investors or Partners

If you need additional capital to run or grow your business, you may need to bring on investors or even partners. In order to put up their money, these potential investors or partners will want to know everything possible about your products, services, and other business information. If they do invest, they obviously won’t want to do anything to hurt the company. If they don’t, however, they could take that information learned and use it for their own benefit. Either way, it is best to have them sign a nondisclosure agreement to ensure you are protected. This will also show the potential investors that you protect your business, which will make them more willing to buy in.

When Negotiating the Sale or Licensing of Products or Technologies

Selling or licensing the rights to your products or technologies is a great way to make money for a business. When negotiating with another party for the rights to your products, however, you need to make sure you are protected. If you don’t have a nondisclosure agreement in place, there is little that could be done to stop them from using what they learned to simply build their own products or technologies.

When Discussing Business Information with Possible Buyer

If you are thinking about selling your business, you will want to keep it quiet as long as possible. Selling a business makes sense in many situations, but when it happens it can cause employees to want to leave, customers to start looking elsewhere, and much more. If you are in discussions with a potential buyer, make sure the nondisclosure agreement not only applies to the details of your products or technologies, but also to the very fact that you are thinking about selling.

The Agreement Must be Properly Written

A “one size fits all” nondisclosure agreement isn’t typically going to be sufficient to protect your business. Instead, you will need one that is tailored to the exact situation for which it will be used. If you need one of these agreements, or you have any questions about them, please contact Lexero Law Firm to set up a consultation today.

The post 4 Situations When You Need a Nondisclosure Agreement appeared first on Lexero LLC.

]]>
2061
A Step-by-Step Guide to the Patent Process https://lexero.com/blog/a-step-by-step-guide-to-the-patent-process/ Mon, 20 Aug 2018 19:07:00 +0000 https://lexero.com/?p=1718 Do you have the next great idea for a product, app, or other item that you hope will make you millions? Before you are able to really move forward with this type of thing, you need to protect your idea so it isn’t stolen the second someone hears about it. In order to get legal […]

The post A Step-by-Step Guide to the Patent Process appeared first on Lexero LLC.

]]>
Do you have the next great idea for a product, app, or other item that you hope will make you millions? Before you are able to really move forward with this type of thing, you need to protect your idea so it isn’t stolen the second someone hears about it. In order to get legal protection of your idea, you will need to obtain a patent from the US Patent Office. With millions of ideas patented, and new ones being submitted every day, this isn’t as easy a process as many people would hope. When seeking a patent, you will need to take each of the following steps.

Document Your Idea (With Details)

You can’t simply walk into a patent office and tell them about your idea. Instead, you will need to have written documentation of the idea itself and what sets it apart from any similar ideas (if applicable). The documentation needs to include as much information as possible including design blueprints, code concepts, examples of prototypes, and much more. The specific details that will need to be included will vary greatly depending on what the idea is, but the more you can provide, the better the chances of being approved.

Conduct a Patent Search

While you may not know of anyone who has had your idea before, that doesn’t mean it doesn’t exist. You may be surprised to know that many ideas are patented, even if the patented idea never resulted in popular products in the marketplace. To confirm that your idea is unique, and therefore patentable, you need to perform a patent search. There are a variety of online tools that can provide you basic results, but to be certain that your idea is unique you need to have a professional perform an in-depth search. If your idea, or one quite similar to it, has already been patented, you won’t be approved unless your idea is significantly different in some important way.

Apply for the Patent

Once you are certain that your idea has never been patented before, you can submit all the necessary documentation along with the application to the US Patent office. Once your application has been properly submitted and accepted, you will be able to start marketing your product as “patent pending,” which will discourage anyone from attempting to steal the idea. The patent office can take months, or even longer, to review an application, so make sure you are ready for this extended review period. The examiner may also need to get in touch with you with questions or additional documentation, so always be available should this be necessary.

Hire a Patent Attorney

For the vast majority of people who want to patent a product or idea, this will actually be step number one. While it is technically possible to successfully obtain a patent on your own, it will undoubtedly take far longer and expose you to far more risk in the process. Lexero Law has helped many clients through this complex task and will provide you with the best possible way of getting your patent approved as quickly as possible. Contact us to discuss your idea and see how we can help you attain a patent.

The post A Step-by-Step Guide to the Patent Process appeared first on Lexero LLC.

]]>
1718
Understanding Domain Name Warehousing https://lexero.com/blog/understanding-domain-name-warehousing/ Fri, 20 Jul 2018 23:57:18 +0000 https://lexero.com/?p=1325 One issue that most companies don’t expect to have to face when running their business is called “domain name warehousing.” This is a practice wherein a domain name registrar will gain control of an expired domain name and then not list it for resale right away. This is done with the intent to try to sell […]

The post Understanding Domain Name Warehousing appeared first on Lexero LLC.

]]>
One issue that most companies don’t expect to have to face when running their business is called “domain name warehousing.” This is a practice wherein a domain name registrar will gain control of an expired domain name and then not list it for resale right away. This is done with the intent to try to sell the domain back to the original owner or another party at an inflated price.

In most cases, a business will usually have up to 45 days to renew their domain once it has officially expired. Unfortunately, unless a business keeps close track of these matters, they often don’t even notice that the domain has expired until their website goes offline. We have seen this happen many times over to the clients that come to us, and what we at Lexero emphasize is that you have legal options available to you.

Examples of Domain Name Warehousing

GoDaddy is one of the world’s largest domain name registrars, and also operates what is likely the best known example of domain name warehousing. When a customer fails to renew a domain that was registered with them on time, they will evaluate the domain to see if it is what they consider a “premium domain.” These domains would have some added value beyond a traditional domain either due to it being a well-known term, it belonging to a site with lots of traffic, or any number of other things. GoDaddy doesn’t simply put these domains back up for sale, but instead offers them to customers either at a highly inflated price (often thousands of dollars) or puts them up for auction, where they can bring in a lot of money.

What Are Your Options?

If your business’s domain name has expired and the registrar is warehousing it at a very high price, it is important to know your options. Since this practice is not technically illegal, some cases can be more difficult than others. If your domain name matches your business name or slogan, you may be able to make a legal case based on your existing copyrights or trademarks. We can help you potentially negotiate with the registrar or go to court if need be.

Getting Your Domain Back

For many companies, the domain name is an important part of their brand, making it crucial to keep intact. There are a few options to choose from including paying the higher price, negotiating with the registrar, or taking the issue to court. We have years of experience in this area, and we can evaluate your current situation to help determine what the best course of action may be. Contact us to start this important process right away.

The post Understanding Domain Name Warehousing appeared first on Lexero LLC.

]]>
1325
Intellectual Property Law 101: What’s the Difference Between Trademarks and Copyrights? https://lexero.com/blog/intellectual-property-law-101-whats-difference-trademarks-copyrights/ Fri, 29 Jun 2018 18:00:05 +0000 https://mydevhost.us/lexero/?p=1075 For today’s modern businesses, protecting the business’s intellectual property is almost as important as protecting its physical, tangible property (and in some cases, even more so). In order to ensure your IP is legally protected, you need to use and employ the right tools and strategies. In many cases, this means filing for either a […]

The post Intellectual Property Law 101: What’s the Difference Between Trademarks and Copyrights? appeared first on Lexero LLC.

]]>
For today’s modern businesses, protecting the business’s intellectual property is almost as important as protecting its physical, tangible property (and in some cases, even more so). In order to ensure your IP is legally protected, you need to use and employ the right tools and strategies. In many cases, this means filing for either a trademark or a copyright and then continuing to protect your rights even after you obtain the rights. Understanding the differences between these two options, and which one is right in which situation, is essential.

Trademark vs. Copyright

Both of these legal options will help to protect your business’s intellectual property, but each one is made for different types of IP. Trademarks are used to protect specific words, symbols, names, sounds, colors, and other distinguishing items that a business attaches to the goods or services they offer. Examples of things that a business should typically trademark are the business’s name, their slogan, their logo, their jingle, and other similar items.

Copyrights, on the other hand, are used to protect any original works the company created. This would include things like books, reports, videos, music, and more. Reports, including many types of research reports, should be copyrighted in order to ensure other companies don’t attempt to use the same information.

Protecting Your Intellectual Property

In order to keep your business’s intellectual property safe, it is necessary to properly register for any needed trademarks or copyrights . In addition, should another company infringe on your protected rights, you will need to take immediate action in order to minimize any potential damage that could occur.

While most business owners don’t have a lot of experience working with trademarks, copyrights, and other IP matters, it shouldn’t be difficult to get the protections you need with the help of an experienced and dedicated IP lawyer . As soon as you have some type of intellectual property that needs to be protected, we can help you get the application process started for either the trademark or the copyright. Trademark applications through the U.S. Patent and Trademark Office, and copyrights go through the U.S. Copyright Office .

Having an experienced attorney at your side through the process will be the difference in getting these applications through as efficiently and accurately as possible and maintaining your rights over your IP. This blog barely scratched the surface of all that needs to be done with safeguarding what’s rightfully yours.

Contact Us!

Whether you are just starting your business and you need to begin the process of applying for copyrights and trademarks, or you have an existing business where your intellectual property is under threat, we are here to help. Contact us to set up a consultation and learn how we can help you right away.

The post Intellectual Property Law 101: What’s the Difference Between Trademarks and Copyrights? appeared first on Lexero LLC.

]]>
1075
What is Litigation? https://lexero.com/blog/what-is-litigation/ https://lexero.com/blog/what-is-litigation/#respond Wed, 26 Feb 2014 20:55:18 +0000 http://www.lexero.com/?p=1043 Litigation is the legal process through which the plaintiff and defendant (litigants) argue their side in court to achieve a specific outcome (monetary award, injunction to stop use of patented invention, avoidance of paying a settlement, etc.). Both businesses and individuals can file complaints with the court to start the process. In the end, the […]

The post What is Litigation? appeared first on Lexero LLC.

]]>
Litigation is the legal process through which the plaintiff and defendant (litigants) argue their side in court to achieve a specific outcome (monetary award, injunction to stop use of patented invention, avoidance of paying a settlement, etc.).

Both businesses and individuals can file complaints with the court to start the process. In the end, the side that provides the best argument or demonstrates enough proof of their claim wins the suit. Typically a judge determines which side wins in litigation, but in some states, sides may request a trial by jury instead.

The Litigation Process

The party who initially files a complaint with the court is known as the Plaintiff. The party or parties named in the complaint are known as the Defendants. Once a complaint has been filed, defendants have a specific amount of time to file a response. From there, other documents providing evidence against the defendant or plaintiff may be filed along with compensation demands.

In many cases, these lawsuits never make it to a courtroom. Other means including mediation and arbitration may be used to help plaintiffs and defendants reach some sort of agreement (monetary compensation, injunction or other constraints, etc.). Mediation and arbitration typically cost less than a trial and help ensure that both parties feel satisfied with the end result – unlike a trial where a judge (or jury) rules either for the plaintiff or defendant.

If the case goes to trial, the party that doesn’t win the lawsuit may file an appeal. This may or may not lead to a retrial or the overturning of a ruling.

Mediation

The mediation process involves each side sitting down and negotiating the finer points of the lawsuit until an agreement is reached. A trained, professional mediator acts as a neutral third-party to help both sides reach a fair agreement. Agreements reached during mediation are non-binding, which means that neither party has to legally follow-through with the agreed upon settlement. In most cases, however, both parties involved really want resolution and try their best to adhere to the agreement. If a mutual agreement is not possible or is not upheld, the lawsuit may continue to trial.

Arbitration

Similar to mediation, the arbitration process helps both parties reach a fair agreement. The only real difference is that all agreements reached during the process are binding – meaning that both parties must adhere to the agreement or face further charges.

Types of Litigation

There are many types of litigation including:

  • business litigation
  • commercial litigation
  • civil litigation
  • securities litigation
  • personal injury litigation
  • intellectual property (IP) litigation

The type of litigation a particular lawsuit falls into depends on the nature of the suit.

Business Litigation

This type of litigation involves one or more businesses or individuals. Lawsuits pertaining to breach of contract, copyright or patent infringement, fraud, or unfair competition, commonly fall into this category.

Commercial Litigation

This type of litigation involves one or more businesses or individuals. Lawsuits pertaining to aspects of business include partnership disputes, business dissolution, employee disputes, licensing agreements, class action suits, and other related business matters may fall into this category.

Civil Litigation

Civil litigation typically involves one or more individuals seeking monetary damages rather than a legal ruling. Reasons to file a civil lawsuit include wrongful death, medical malpractice, anti-trust issues, employee safety issues, personal injury, and landlord/tenant disputes.

Securities Litigation

Securities litigation include lawsuits filed by employees, partners, shareholders, fund managers, pensioners, and others that pertain to potential violation to the Securities Act of 1933, breach of contract, or misuse of company or organizational funds.

Personal Injury Litigation

This type of litigation may also fall under civil litigation as most people that file personal injury lawsuits seek monetary damages for work-related, medical malpractice, slip and fall, or other types of personal injury that may inhibit their ability to earn a living or advance in their career.

Intellectual Property (IP) Litigation

This type of litigation may also fall under business or commercial litigation. IP litigation typically involves businesses or individuals that file a complaint for infringement of their ideas, recordings, or trade names. Typically, the plaintiff claims the defendant knowingly or unknowingly used their protected works or processes without permission.

The Lexero Law Firm Can Help

If you want to file a complaint for litigation or you’ve been named in a litigation complaint, contact Lexero Law Firm today. The firm offers an attorney roster that is can offer expert counsel, advice, and representation in court, mediation, and arbitration proceedings.

The post What is Litigation? appeared first on Lexero LLC.

]]>
https://lexero.com/blog/what-is-litigation/feed/ 0 1043