Lawyer Monthly Magazine - October 2019 Edition

Business Litigation What Is a Complex Business Dispute? We have a brief chat with John Siracusa this month, where we discuss complex business disputes. He provides an overview on what a complex dispute entails and the key issues clients may face when they bring a case forward. John also touches on why ADR is not always the best option and how to protect commercially sensitive information during a dispute. When is business litigation regarded as ‘complex’? Generally, where damages are in excess of $750,000, there are multiple parties on each side and complex or unique questions of law. How do you handle litigation involving multiple parties? Any tips? Generally, I like to file, transfer or remove my complex business cases to federal court or a state court complex business litigation division. I also endeavour to have my cases trial or near trial ready before filing, which makes it easier for me to manage the other side through the case. What about when litigation is dispersed across multiple jurisdictions? What challenges arise here and how do you get over them? I am admitted to the Southern District of Texas because of one of my BP Oil spill cases, and my Chinese drywall cases were definitely a challenge. My advice is that if you are drawn into a multi-district litigation, make friends with the lead class attorneys. What key issues should a party consider before bringing a claim? I try to counsel my clients on the risks versus rewards factors of litigating their particular case before we move forward. This includes an analysis of the potential adverse financial and other risks. Currently, how common is commercial litigation as a method of resolving high value, complex disputes? Do you find more people opting for ADR? Litigation works well when there are good lawyers on each side, which tends to be the case in high value complex disputes. I am not a fan of ADR and rarely have clients that request it. Why would you prefer not to opt for ADR in complex disputes? I generally prefer litigation as my client can then maintain control, at least until the case is turned over to a jury or a judge for adjudication. If someone is proceeding against your client with a nonsense commercial dispute case, how can you get it thrown out? Super Lawyers By John Siracusa, Janssen & Siracusa P.A. 56 WWW.LAWYER-MONTHLY.COM | OCT 2019 Contact John Siracusa Partner www.jasilaw.com Tel: 305 428 2776