Silicon Valley Business Litigation Tag Archives

COVID-19 and Civil Litigation: What’s Changed With Our California Superior Courts

October 7, 2022 | Ryan Penhallegon

The coronavirus pandemic changed every aspect of life in California. Though the health crisis has improved, the long-term effects of COVID continue to affect us in many different ways. One of the big problems facing the legal profession is access to the state court system. Emergency procedures shut the courts down entirely in the early days of the pandemic. Soon, the courts operated on a limited basis, but even these short closures caused serious problems in a backlog that existed long before the COVID crisis. Reuters reports on the emergency COVID-19 orders that were rescinded in March 2022. After two full years, the California court system is no longer operating under restrictions. This change does not mean that it will be business as usual for every litigant seeking help in the courts.

Court Hearings

The state court system enacted many emergency procedures to protect the health and safety of all litigants during the COVID-19 pandemic. These steps included remote hearings, mask use, and restricting the number of people in a courtroom at the same time. These restrictions have been lifted as the health crisis improves. You are more likely to find normal court procedures in cases throughout the state. The courts’ limited operations during COVID have, however, created a backlog. As a result, it can take much longer to get a court date at all.

Business Litigation – Fact vs. Fiction

November 2, 2018 | Structure Law Group, LLP

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Despite the fact that everyone is entitled to their day in the court, the reality is that most cases are resolved out of court. Many clients will approach their lawyers with the hope that they will be able to quickly get in front of a judge and explain their story—a vision of American justice that is reinforced in popular media and Court TV. However, getting to trial is a long process and most cases never make it to trial. In most situations, the cases take earlier exit ramps, such as informal out-of-court settlement, mediation, arbitration, or is resolved by a ruling before trial. Even if a case is set for trial, it is very common for the parties to settle on the eve of trial.

Often, the cheapest and most efficient way for a dispute to get resolved is for the attorneys to work on an out-of-court settlement. This can occur at any point either before or after a lawsuit has been filed. Under this track, attorneys informally negotiate a resolution. If the parties agree to it, the attorneys will memorialize the resolution in a settlement agreement. This is often the quickest way to resolve a case, as it does not require any third-party intervention—it only requires the parties to work together to settle their differences and capable counsel to guide the parties through the process.

In addition to out-of-court settlements, cases often get resolved with the help of a neutral third-party. For instance, cases often go to non-binding mediation before they move on to trial. Indeed, more and more courts are making mediation a mandatory step before allowing the case to move to trial. During mediation, the parties present their case to a neutral third party whose job is to facilitate a settlement agreement by working with the parties and their attorneys as a go-between. Sometimes, cases may end up in front of a neutral third-party who has the authority to make a binding decision. For instance, if the parties signed an agreement for binding arbitration, a private judge will make the final decision and the parties must live with the decision whether or not they are happy with it. Arbitration is usually less costly and more efficient than going to trial.

What to Expect in Business Litigation

October 26, 2018 | Structure Law Group, LLP

Options When Faced with a Legal Dispute

When faced with a legal dispute, it is important to know what your options are. A San Jose business owner typically juggles multiple commercial relationships on a regular basis – vendors, clients, employees, contractors, and business partners. Given the nature of running a business, it is likely that a legal dispute will come up at some point. When this happens, it is very important to educate yourself on what your options are. Litigation can subject a business to unnecessary stress, be huge time sink, and cost you significant legal fees and expenses. Alternative dispute resolutions like mediation and arbitration are processes that may allow you and the other side to reach a solution that you both can live with without the substantial causalities that litigation typically entails.

The experienced San Jose corporate attorneys at Structure Law Group have extensive experience in litigation, mediation, and arbitration. They can discuss the pros and cons of each option with you and help you pick the best course of action for your business.