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Roger, Attorney
Category: Business Law
Satisfied Customers: 31729
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My question was pretty detailed. However, my main concern

Resolved Question:

My question was pretty detailed. However, my main concern is how can a small company escape unfounded claims that ties it up in litigation to the extent it jeopardizes the company? We believe the other company knows it can drain our resources and is just playing the "waiting game" since it does not want us competing with it.
Submitted: 8 years ago.
Category: Business Law
Expert:  Roger replied 8 years ago.

The best course of action is to have good insurance in place to cover incidents such as this.


However, you cannot prevent someone from suing you, and if there is no insurance coverage, you'll have to defend it.


But, if the litigation is frivilous and done only to harass your business, you can file a counterclaim against the company under the litigation accountability act, which allows you to recover damages, including attorneys fees, for the other company bringing this bogus lawsuit.

Customer: replied 8 years ago.




Right now, everything is going back and forth and the litigation is frivolous. Is there an oversight board or association that can help? I've got the attorneys working on this, but there appears to be no end. The other company is drumming up strange complaints based on old internet laws. How can I end the madness?



Expert:  Roger replied 8 years ago.

The oversight board for frivilous lawsuits is the court system itself. If you've got attorneys pursuing this under the litigation accountability act, that's really all you can do.


Hopefully, they will prove that this suit is bogus, and you'll be awarded attorneys fees and damages for their interruption/interference with your business.

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