Enforcement of Judgments

If a defendant does not voluntarily pay a judgment, the plaintiff must find assets that belong to the defendant and collect them. This process may be easy for some defendants if they have well-known assets or if details about their bank accounts were shared in discovery. But for others, plaintiffs may need to hire an investigator or use public records (like property records or vehicle registrations) to find assets.

Discovery to Aid Litigation Outside of the United States

The American legal system allows litigants to compel the production of far more evidence before trial than many other systems. And it does not limit this power to proceedings taking place within the United States. Instead, pursuant to statutes like 28 U.S.C. §  1782 or CPLR 3102(e), litigants can ask American courts to compel discovery for use in proceedings abroad.

Intellectual Property Litigation

Disputes regarding intellectual property can range from interpreting a license agreement or non-disclosure agreement, to stopping infringement, to seeking damages for infringement, to exploring potential business opportunities with an infringer, or a combination thereof.

Employment Discrimination and Harassment Claims

When determining whether to settle, it can be difficult for employees and employers to calculate an appropriate amount for the employer to pay. Unlike a contract dispute, where an agreement can set forth an amount due, there is no natural number that can compensate an employee for discrimination.

Litigation in Victoria, Australia

When I do attend the County Court or Supreme Court (not a tribunal) in person, only robes are required (no wigs except in exceptional circumstances), and even then, only for substantive hearings (such as trial) for the practitioner addressing the court and not the practitioner instructing the addressing practitioner.

Comments on Recent Cases: October 2020

When drafting agreements, parties should be aware of what kind of procedures are available to enforce the agreement and, if an expedited procedure is preferable, draft the agreement accordingly. They should also only file for summary judgment in lieu of complaint if the debt meets the applicable criteria.

Litigation in Ethiopia

The parties or their pleaders shall produce, at the first hearing of the suit, all the documentary evidence of every description in their possession or power, on which they intend to rely. They must also list down the details thereof, including the names and address of the witnesses, while filing their statement of claim or statement of defense in the court.

Courtesies to Adversaries

The client may believe that, if her lawyer says “too bad” to an adversary who is about to go off on vacation and therefore cannot respond to a complaint, the lawyer may be doing justice by helping her win quickly and cheaply. But the truth is that the opposing counsel will likely be able to ask the court for an extension anyway and then be less willing to give extensions in return when the client’s counsel wants them. It’s a lose-lose situation.

More Details on Discovery and Trials in China

Unlike the U.S., there is no evidence discovery system in China. In principle, parties should bear the burden of proof for their claims/defenses and arguments in lawsuits. As a result, plaintiffs usually initiate lawsuits when they believe they have enough evidence to win.

Comments on Recent Cases: September 2020

Arbitration is traditionally considered to be a cheaper alternative to court litigation. But its filing fees are often much higher than court equivalents, and the lack of published decisions often makes arbitration difficult to navigate.

Specialized Commercial Courts

Sophisticated businesses often agree to resolve their disputes through private arbitration instead of by going to court. Arbitration has numerous advantages, such as being confidential instead of public and being generally less expensive. But another advantage is that the parties can provide input on the selection of their arbitrator and thus can select an arbitrator and a forum that is well-suited for commercial disputes.

Litigation in Mexico

In Mexico City, I estimate that it takes an average of a year to a year and a half to get a decision from the lower court. But I had a case that took ten years to get a judgment from the lower court and I have also had cases that proceeded to judgment in two months.