Litigation Process

[Helpme12345]

Hey everyone,

Just preparing for an AC and I've gone through the M&A course on TCLA which was fab! I was wondering if anyone knew of anywhere I could find a similar outline for the litigation process? Stuff like the steps taken to avoid litigation, the lawyers' role, any documents and any key elements to know?

Thanks in advance

 

[Naomi U]

Hi @E123456

I personally have never come across a litigation based case study. However, I have at times had litigation issues which arise within a contract or deal. For these sorts of issues I would recommend improving your knowledge of key contractual terms and clauses as this can help when advising your "client" on ways to mitigate litigation issues.

Therefore to prepare, I'd think about questions such as:

- What is the difference between warranties, indemnities, and undertakings?

- What is the difference between a condition and a warranty?

- What is a condition precedent and what impact may this have in a contract?

- What is the doctrine of frustration and what are its impacts?

- What role do clauses such as a; force majeure, non-solicit and non-compete clause play?

For each, consider how this may help minimise the litigation issues faced by a client in a commercial setting e.g. regarding employees, IP concerns, tax and competition implications etc.

Hope this helps