Turning Defeat Into Victory

Posted on June 29, 2011 by Tom Patterson

The owner of a computer school that suffered a crippling burglary of high-tech equipment came to us after losing a trial--while he was represented by a different lawyer--against his insurance company. He had immediately sought compensation from his insurance company in order to resume operations and prevent canceling classes. After a grueling eight month insurance investigation, the insurer claimed the owner was not entitled to any payment under the policy because he allegedly misrepresented or concealed material facts during the course of the investigation. The owner sued unsuccessfully, seeking compensation for replacement equipment and business income losses. Once we were retained to replace the prior lawyer, we successfully asked the judge to grant a new trial, defeated a petition for leave to appeal that decision, and then won the second jury trial, obtaining a jury verdict of $534,000. The verdict included compensation for all losses claimed: business income loss, lost equipment and software, building repairs and extra costs incurred.

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Ten Reasons Your Company Should Not File a Lawsuit To Resolve a Business Dispute

Posted on November 3, 2009 by Tom Patterson

While I make my living suing people, I think all clients should be advised of the top ten reasons not to file a lawsuit. I offer this list:

  1. You owe your opponent more money than he or she owes you.
  2. You don’t want to turn over relevant documents to your opponent’s lawyer or they are already shredded.
  3. You fired all of your employees who are knowledgeable about the dispute.
  4. You lack the time to educate your lawyer about the dispute, retrieve relevant documents, or give a deposition.
  5. You think that all witnesses tell the truth.
  6. You regard yourself as superior to jurors or the Judge.
  7. You believe that just by filing the lawsuit, you will get a settlement.
  8. Your opponent has no money to pay a judgment.
  9. Your company or key witnesses must continue to do business with your opponent or his or her allies. 
  10. The cost of the lawsuit is more than you would benefit with total victory.

If none of your clients are now contemplating a lawsuit, print and save.

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