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What is the difference between state and federal court?

Most business disputes are usually litigated in state court. If the dispute (a) involves parties from different states and an amount in controversy greater than $75,000 or (b) presents a question of federal law, the suit may be brought in federal court.

Do I need to file a lawsuit?

Every case is different. Sometimes, a letter stating your legal position to an opposing party may be sufficient to remedy a situation. However, in trademark disputes, if a letter fails to obtain compliance, a suit will probably be necessary to prevent abandonment of the trademark.

What is mediation?

Mediation is a kind of non-binding dispute resolution. A mediator – oftentimes a retired judge – will work with parties to negotiate a settlement.

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Arbitration is a more formal type of alternative dispute resolution more akin to a court proceeding than a mediation. Arbitration may be binding or nonbinding.

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A jury hears many kinds of business disputes, from breaches of contract to trade libel. A jury does not hear issues that involve the exercise of a court’s equitable authority, like a request for a restraining order or an injunction.


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