The trial lawyers may conclude that class-action litigation takes too long.
The idea of financers investing in commercial litigation takes getting used to, but getting used to litigation itself took the American bar the better part of a century.
Two leading Harvard Law professors with expertise in environmental law, administrative law, and Supreme Court environmental litigation, take an opposing view.
A subordinate legal agent of the classical system, the procurator, who attended to the formal aspects of litigation, took on added importance because later imperial legal procedure depended largely on written documents that the procurators produced.
To the contrary, there is no question where the conduct giving rise to this litigation took place: Petitioner seized physical cash from respondents in the Atlanta airport, and he later drafted and forwarded an affidavit in Georgia.
In every case, the company could have been prosecuted in either way, but, as it was, five companies faced civil charges and five criminal.In each example, litigation took a heavy toll on the company, but it was heavier for those facing criminal charges: only one of the five, Consolidated Edison, survived.
Besides, as TR Andhyarujina, a former solicitor general of India, wrote in his critique of the judgment "when a party to a litigation takes the law into its own hands and alters the existing state of affairs to its advantage (as the demolition in 1992 did in favour of the Hindu plaintiffs) … the court would not allow an act of lawlessness to benefit the party that indulged in it.
Unfortunately, litigation takes years, and no one seems all that interested in buying Kodak's patents.
For good reason, companies shy away from any legal risk in a deal: Litigation takes time and money.
As we explored more, knowing the toll litigation took and the additional costs, we determined that the right thing to do was to go through Chapter 11 restructuring.
