Posted by moireadmin on January 2, 2012
A Gambler’s Approach Helps Contain Litigation Costs

A Gambler’s Approach Helps Contain Litigation Costs

Litigation is always a gamble—and like the old gambler in the Kenny Rogers’ song says, “you gotta’ know when to hold ‘em, know when to fold ‘em.” Whether in the courtroom or at the card table, the objective is to play the hand you’re dealt and come out ahead.

For Sequel, the old gambler’s advice captures the essence of what we offer our clients in litigation cases—exceptional judgment, depth of knowledge about the subject and years of experience involving copyright, trademark, trade secret, unfair competition and patent infringement. With a keen awareness of the stakes involved for our clients, our measured approach is designed to save clients money while positioning them for the advantage.

Two recent engagements demonstrate Sequel’s winning, cost-effective strategies.

A long-standing Sequel client was sued by a prominent media organization. Our client had not received a cease and desist letter, nor been given any opportunity to discuss the activities addressed in the surprise complaint. Additionally, the plaintiff’s demands were excessive. Settlement was not an option and full-blown litigation was unavoidable. However, our client had serious budget constraints.

Sequel delivered a budget and a plan to shoulder the bulk of the work at boutique rates while engaging and managing a New York-based “litigation powerhouse” for well-defined, specific tasks. This strategy allowed our client to mount an aggressive defense that went immediately on the attack. The result was a satisfactory settlement, defense fees that were far less than what would normally have been paid, and the continuation of a vibrant business.

For another client, the potentially high cost of IP litigation made it nearly impossible for them to protect their intellectual property assets. Sequel prepared a brief about the potential returns on an investment in this litigation and then worked with litigation investors to find a solution. Having an investor fund some of the litigation costs allowed us to offer the client a contingency-fee arrangement. Without this solution, the client would not have the opportunity to fight back.

Sequel welcomes appropriate contingency fee cases.


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