Jaw Jaw is better than War War

My company has a good market abroad in the US and our product has sold well. However, we have received a legal notice from a company that says we have breached its copyright. We are worried about the expense of a US court case. How can we deal this?

First, you need to defend the claim. You will probably be advised to fight fire with fire, but if you think the other side may see reason, consider opening an early dialogue. Aside from the expense of US litigation – losers don’t pay winners’ legal costs, so even if the claim is unfounded, you could end up with a hefty legal bill – litigants often underestimate the stress involved and the time that litigation devours.

Mediation might be sensible. It stops parties arguing, or hiding behind lawyers while they argue, and gets them talking instead. If there’s a way of working it out sensibly, an independent mediator can usually help parties resolve things quickly, navigating them over any humps. I suggest hiring someone familiar with both UK and US practices, as cultural nuances can sometimes get lost in translation.

You could offer to mediate there rather than in the UK. There is no such thing as home advantage but, psychologically, it will play well. Mediation tends to be quick, inexpensive and private – litigation is not – and as there is no risk of any unwelcome ruling being imposed, you can explore whatever solutions work for you. Who knows, maybe they can even help you grow your US business.

Rodney Hylton-Potts