Best Practices for Global Litigation Management
Managing legal disputes that cross international borders presents a unique set of challenges. When your business operations span multiple countries, a single legal issue can quickly multiply, involving different legal systems, languages, and cultural norms.
At David L. Cohen, P.C., we have built our practice around helping businesses contend with these challenges. From our office in New York, New York, our founding attorney, David L. Cohen, brings years of dedicated experience to clients facing disputes worldwide. We focus on providing cost-effective and flexible legal solutions that protect your interests, wherever they may be. If your company is dealing with litigation on a global scale, we can provide the guidance and dedicated representation you need.
We believe in building a direct and collaborative relationship with you to gain a deeper understanding of your business. This allows us to develop litigation management strategies that align with your commercial goals. We serve clients worldwide, providing a centralized point of contact for their decentralized legal needs.
Whether you are dealing with intellectual property infringement in Asia, a contract dispute in Europe, or regulatory matters in South America, we will help you manage the process effectively.
Centralize Your Legal Strategy
When facing litigation in several countries at once, a scattered approach can be costly and ineffective. Different local law firms may offer conflicting advice or pursue strategies that don't align with your company's overall objectives. The first best practice for managing global litigation is to centralize your legal strategy. This means having a single, primary legal counsel responsible for overseeing all international cases.
A centralized command structure allows for a cohesive and unified legal front. At our firm, we work with our clients to establish this structure, acting as the main hub for all litigation-related activities. This involves coordinating with local counsel in various jurisdictions, streamlining communication, and making sure every action taken serves the broader business strategy.
By centralizing your decision-making, you can maintain control over costs, messaging, and legal tactics. It prevents the left hand from not knowing what the right is doing, a common pitfall that can weaken your legal position and inflate your budget.
Develop a Proactive Budgeting and Cost-Control Plan
Global litigation can be costly without a proactive financial plan. Legal fees, court costs, translation services, and travel expenses can add up quickly across multiple jurisdictions. Therefore, you should establish a detailed budget from the outset and implement strict cost-control measures.
We help our clients create predictable, transparent budgets for their international legal matters. This process starts with a thorough assessment of the potential costs associated with each case. We then explore alternative fee arrangements with local counsel, such as capped fees or blended rates, to provide more financial predictability.
Regularly reviewing legal invoices and tracking expenses against the budget is also a key part of the process. This financial discipline helps you allocate resources effectively and avoid surprise costs, allowing you to focus on the legal merits of your cases rather than the mounting bills.
Select and Manage Local Counsel Effectively
The success of your global litigation strategy often depends on the quality of your local legal representation. Choosing the right law firm in each country is a significant decision. You need counsel that not only understands the local laws and court procedures but also helps your business objectives and is willing to work together with your primary legal team.
Our approach involves helping you vet and select the best local counsel for a specific dispute. We look for firms that have a proven track record in the relevant area of law and that align with your company’s values and budget. Once local counsel is engaged, effective management is key. We set clear expectations for communication, reporting, and billing.
Regular check-ins and strategy sessions help keep everyone aligned and focused on the same goals. This active management of local firms transforms them from hired vendors into integrated members of your legal team.
Understanding New York's Role in International Disputes
For businesses operating globally, New York often serves as a key legal hub. Its courts are highly regarded for their experience in handling complicated commercial disputes, and many international contracts designate New York law as the governing law or its courts as the chosen forum for resolving disputes.
Under New York's Civil Practice Law and Rules (CPLR), parties to a contract can agree to submit to the jurisdiction of New York courts, even if they have no other connection to the state, provided the contract involves at least $1 million in value. This "forum selection clause" is a powerful tool in global litigation management, as it allows for a predictable and sophisticated legal environment for resolving disputes.
Furthermore, judgments from New York courts are often more readily enforceable in other countries compared to decisions from other jurisdictions. Our attorney frequently utilizes this feature of New York law to the advantage of our clients, thereby creating a stable legal foundation for their international business dealings.
Use Technology to Your Advantage
Modern technology offers powerful tools for managing litigation across different time zones. A sound global litigation strategy embraces technology to improve efficiency, communication, and organization. Secure, cloud-based platforms can be used to share documents, manage case files, and facilitate collaboration among your legal team members worldwide.
We use technology to provide our clients with real-time access to their case information. Video conferencing allows for face-to-face meetings with local counsel without the need for expensive travel. E-discovery tools can streamline the process of collecting and reviewing electronic documents from various sources, which is often a significant component of modern litigation.
By leveraging technology, you can reduce administrative burdens, cut costs, and enable your legal team to work together more effectively, regardless of their location.
Litigation Management Attorney Serving New York and Worldwide
Intellectual property is a driving force in our modern economy, representing a significant portion of economic growth and job creation. At David L. Cohen, P.C., we're dedicated to helping you manage and monetize your intellectual property assets in a more affordable and adaptable way.
We will work with you to pinpoint and achieve your business objectives, whether you require litigation support to defend against IP infringement or business consulting to enhance the growth and oversight of your valuable assets. Contact our firm today to schedule a consultation.
