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.
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.
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