Litigation is a classic multiple player problem, which in the majority of cases is resolved prior to the courtroom. Most organizations do not want to risk the uncertainties of a trial, yet the mutually opposing interests of the involved parties can often push them toward this outcome.
The Open Options Process is valuable in helping organizations formulate pre-trial litigation strategies by considering each player’s viewpoint and uncovering trade-offs and threats. Also, the behavior of parties peripheral to the litigation can impact the litigation settlement itself. By better understanding the preferences and reactions of all players, solutions are often uncovered that achieve a win for our client, while making a trial unnecessary.
Below is a selected list of some of our success stories, in helping our clients manage their major litigations. Please contact us to learn more about our process and review a relevant case study.
IP Licensing – “Standing Amongst Giants” Show more
A small technology firm owned powerful intellectual property that entitled them to royalties from several companies. However, these licensees were pursuing legal action to delay paying these royalties. Analysis uncovered a significant danger for the small firm – it was at risk of being bought by the other companies to avoid paying the royalties – and the technology company needed to act boldly to precipitate a preferable legal settlement.
Expensive Lawsuit – “Stop The Bleeding” Show more
A large financial firm was sued over bankruptcy of one of its client companies. There were complex multi-jurisdictional issues, several classes of plaintiff and defendants, and political aspects. Settlement discussions had been ongoing for several years, without resolution, and legal costs for the Client were $1,000,000 per month, and rising…the bleeding had to stop!
Open Options has experience in the following aspects of major litigation:
- Patent disputes
- Using intellectual property to your advantage
- Land disputes
- Environmental remediation