ATLANTA BUSINESS LITIGATION
WHY CHOOSE THE FERNANDEZ LAW TO REPRESENT YOUR BUSINESS LITIGATION CASE?
WE HAVE WON THE MAJORITY OF OUR CASES AT SUMMARY JUDGMENT, WHICH IS WHEN THE COURT DETERMINES THAT THE CASE CAN BE DECIDED ON THE LAW, WITHOUT A FULL TRIAL. IN OTHER WORDS; WE SAVE YOU TIME AND MONEY.
A tremendous amount of our litigation involves motions practice. We have won the majority of our cases at summary judgment, which is when the Court determines that the case can be decided on the law, without a full trial. When the circumstances of the case allow summary judgment in the Client’s favor, this is almost always advisable over a full trial, which would be much more costly.
Making things even more convenient, the Firm is within walking distance of Forsyth State Court and Forsyth Superior Court. This makes trials here much easier. When the Court has a recess, you can come back to our office to prepare, take a break, have some coffee, and regroup. Our Clients like this very much.
Recently, we represented a software developer in a mandatory mediation preceding a litigation. We had included a mandatory mediation provision in the contract that we had structured and prepared. The customer argued that our software did not work and wanted a refund of the license and installation fee. We spun that around and showed that we were about to counter with a very valid multi-million dollar claim. Some weeks thereafter, the customer fired its chief witness. No litigation ensued.
We highly recommend mediation, which allows the parties to argue their case before a non-binding mediator. The process of gathering all the facts and preparing for the mediation, as well as arguing the case, and hearing the other side’s arguments, allows the parties to learn the relative strengths and weaknesses of their cases and defenses well before trial. Often, more can be learned in a day of mediation than in six months of discovery and depositions. Perhaps even more importantly, it is a rare opportunity for the parties and counsel to have to sit together and talk diligently and seriously, which means that the parties can resolve their dispute.
A mandatory mediation provision in a contract enables us to do two things: first, any time you get the parties and their lawyers together, you have the opportunity to talk and possibly resolve the dispute, thus saving a lot of time and money for the Client; second, whenever you hear the other side talk, you can learn things about the other side’s facts, strategies, and position — things you can learn in one day that in litigation you might not learn for six months.
You can’t win with unfounded claims. Everything turns on the specific contract language and specific performance. If you have a new, disruptive technology, you deserve to hire legal counsel who is experienced and can withstand the heat of the courtroom and knows what works and does not work.
You also need to hire counsel who are highly skilled at litigation avoidance, because litigation is extremely expensive. We can provision your contracts to make it very difficult to bring litigation against your company.
You deserve to have at your side legal counsel who does not fold easily. Our chief counsel is an intellectual property and business lawyer who has had many years of experience, and some of the best courtroom and strategic defensive training for attorneys and lawyers in the United States, including the Trial Lawyers College with Gerry Spence and the rigorous “fight club” Trojan Horse Method. She is admitted to the Bars of New York and Georgia.
Points of Advice
HERE ARE SOME POINTS OF ADVICE:
- If your business has been sued, you need to obtain an attorney right away. An individual cannot represent a corporation or LLC at court, and without a lawyer, any response you make will be disregarded as a non-Answer, the case against your business will almost always default, and you will lose, and you will likely have to pay the entire amount stated in the claim.
- If your business been sued, you need to engage an attorney very quickly. The time to Answer is thirty days in the Georgia State and Superior Courts, but a much shorter twenty days in federal court.
- If you believe that you will soon be sued, immediately engage counsel so that counsel can begin to develop your defense — or even turn the litigation completely around by developing additional strategies that you may never have considered.
- If you believe that your business will need to litigate, engage an attorney early on to advise you so that you begin to develop the facts, witnesses, and evidence that you will need to prevail. Much of success turns on procedure, and there is no way for a non-lawyer to know how the rules of hearsay and procedure work — and sometimes they are counter-intuitive.
Some of Our Successes
HERE ARE SOME OF OUR SUCCESSES:
- Court of Appeals victory on matter involving trade secret, proprietary information, confidentiality, non-disclosure, non-solicitation, and customer list at United States District Court for the Northern District of Georgia.
- Judgment for our Client exceeding $3Million in securities fraud case.
- FINRA arbitration victory and punitive damages award on securities litigation claim involving churning and unauthorized trades.
- Summary judgment victory on discrimination defense at United States District Court for the Northern District of Georgia.
- Successful mediations at the Equal Employment Opportunity Commission EEOC involving race and gender claims.
- Summary judgment victory at Fulton County Superior Court on matters involving trade secret, proprietary information, confidentiality, non-disclosure, non-solicitation, and customer list.
The Firm has tremendous success with litigation at the trial and appellate level, in the Georgia State and Superior Courts, as well as the federal Court, the United States District Court for the Northern District of Georgia here in Atlanta, Gainesville, and Rome. Our victories are in the millions. We have also been very successful at arbitrations. Our Firm has consistently been recognized for excellence won the highest award and the highest customer approval rating from Martindale Hubbell and Lawyers.com for quality of service, overall value, responsiveness, and communication ability for 2013, 2014, 2015, 2016.