Complex Litigation

If a business is around long enough, it will at some point inevitably face litigation. Usually, the litigation will revolve around practical lawsuits or disputes that just about any business attorney with a few years under his or her belt can help resolve. Complex litigation, however, is another story.

Defining Litigation

I suppose the best way to understand this concept is by first pinpointing the difference between litigation and complex litigation. Litigation in and of itself is simply defined as "the process of taking legal action." It's the process of getting a lawsuit or dispute resolved. Usually, litigation can be resolved by the parties without going to court, but it's not uncommon for a judge and jury to get involved.

Complex Litigation

Then there's complex litigation. Sure, any litigation can be "complex" in nature. But, the legal term for complex litigation as a whole refers to specific factors. Complex litigation involves multiple parties — not just two. It also involves large sums of money, difficult legal issues, and a long trial. Another big difference between litigation and complex litigation is that complex litigation is heard by one judge — no jury — from beginning to end. The media is usually drawn to complex litigation cases and any business involved should be prepared for it to take up a lot of time and a lot of money.

There are several types of lawsuits that can be defined as complex litigation. Contract disputes, international arbitration, and class action lawsuits all fall under the scope of complex litigation. There are two types of cases that I typically take on:

  • Civil RICO
  • Consumer Fraud

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Civil RICO

The Racketeer Influenced and Corrupt Organizations Act (RICO) was passed in 1970. The purpose of this law was to take on organized crime head-on. Before then, the government couldn't even charge people for racketeering. Some examples of RICO crimes are obstruction of justice, bribery, money laundering, loan sharking, and extortion. There are thirty-five types of crimes altogether, and there are a few hurdles to jump over in order to prove someone is guilty of civil RICO. It must be proven that the accused party committed not one crime but a pattern of the crime, and the charge must be brought on within four years of the alleged victim discovering the damages.

Consumer Fraud

There are several types of consumer fraud. Some include cashier's check fraud, phishing, unauthorized banking, identity theft, and prime bank fraud. While facing charges as such can be quite frightening, there are a few factors that could prove innocence like entrapment, insufficient evidence, and lack of intent.

New York Complex Litigation Attorney

Are you going up against a Civil RICO or Consumer Fraud charge? You don't have to face these accusations alone. New York attorney Glenn M. Jones can position you for the best possible outcome. Also licensed to serve D.C., The Glenn M. Jones Law Firm is available for you. Call to schedule a consultation today.