Business Litigation


Business Litigation

Many times it is only after a conflict results that clients consider talking with an attorney about their business ventures. At Panagopoulos Embry we believe that it is never too late to get things back on course. Of course each case and conflict is unique, and the longer one waits to seek out legal counsel, the less options they may find available to them. However, Panagopoulos Embry has a wealth of experience and knowledge it is utilized to bring about solutions regardless of how limited those options may be.

Business disputes are either settled or litigated. That means disputes are either resolved by the parties of their own volition, or they are resolved by the Court where the Judge or Jury will decide the outcome of a case. In cases where the Court decides the outcome, parties are many times surprised to find the Court did not decide the case as either party expected, leaving both parties dissatisfied.

Panagopoulos Embry aggressively employs techniques and strategies designed to favorably posture our clients and bring about the best possible solutions for our clients. If negotiations fail, we relentlessly pursue our client’s legal positions through litigation.

There are often situations where an adverse party will only sensibly listen to settlement proposals after they are in jeopardy of having a Court enter judgment against them. Depending on our client’s goals and objectives, settlement is always an option, and at essentially any stage of the litigation process.

The litigation processes usually involves making a formal written demand to resolve the problem. Generally, the writing contains key proposals that will end the dispute.

The next step is filing a complaint before the Court. In the complaint you state your allegations as to why you are entitled to relief, and in some cases how much relief to which you are entitled.

The other party will have to then be served with the summons, and a copy of the complaint. Once they are properly served with such, they have to answer the complaint in a timely manner or risk having a default judgment entered against them.

Once they have answered a process of discovery begins where each side gets to seek out facts and information from the other.

During or after this phase there may be various motions filed to resolve undisputed elements of the case, or to have the court rule on the law that applies to undisputed facts of the case.

In the course of the case there will be status and readiness hearings to make sure both sides are geared up for the trial, and a trial date is set and a determination regarding whether a Jury will be involved.

At trial, each side will present its evidence, which includes documents, witnesses, experts, and related things that tend to prove material facts that support their case. The Judge will decide the law. The Judge will also decide the facts in the case, unless there is a Jury. If there is a Jury it will be solely up to them to decide the facts of the case.

At the end of the trial there will be a verdict, and a judgment will be entered. At that point there may be issues that warrant appellate review, and the appeals process commences.

Litigation can be very expensive for both parties. In addition to the financial burdens, there is a time commitment involved. As the process moves forward clients will have to be available to confer with counsel on various matters and respond to discovery requests. Further, for most people, there is also an emotional burden as a person revisits the sour relationship at the various stages of litigation.

At Panagopoulos Embry we make every effort to keep our clients out of the litigation process, thus avoiding the financial, time, and emotional burdens associated with litigation. If litigation is ultimately necessary, Panagopoulos Embry has the experience and knowledge to manage cost containment, make efficient use of clients’ time when their involvement is required, and to counsel the client in a way that mitigates the emotional stress involved.