Christopher D. Johnson joined Diamond McCarthy in 2001. He has extensive experience in the area of debt restructuring and corporate reorganizations. He has served as counsel for debtors, official committees of unsecured creditors, chapter 7 and 11 trustees, liquidating trustees, and creditors...
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Showing posts with label diamond mccarthy. Show all posts
Showing posts with label diamond mccarthy. Show all posts
Friday, March 14, 2008
Thursday, March 6, 2008
What is Litigation?
Litigation is always in the news, class action lawsuits, asbestos cases, drug recalls, it’s everywhere. But what does litigation really mean?
Litigation is a controversy before a court or a lawsuit. All action involves risk; most action involves the possibility of subsequent claims and litigation. The threat of litigation usually deals with the degree of injury. In most instances, lawyers are less likely to pursue litigation in cases where the injury is not serious. Most personal injury cases are taken on a contingency fee, and lawyers know that a modest injury will probably result in a modest fee that might not even equal a reasonable hourly rate. Also, if the case on liability is questionable, the defense is more likely to try a case of modest injury, and that makes it even less desirable to the lawyer. Where the injuries are severe, the odds of litigation are much greater.
There are two kinds of litigation: civil and criminal. If you break a state or federal law, you commit an offense against society. The government, on behalf of the community, begins a criminal proceeding to hold the offender responsible. A criminal litigation is therefore between the government and the accused or defendant. The government is represented by a prosecutor, typically a district attorney (for state prosecutions) or a federal prosecutor (for federal crimes). Either a private criminal attorney represents the defendant or a public defender appointed by the state.
A civil action encompasses virtually any non-criminal court proceeding. It can be a private action between two citizens, a proceeding by one person against the state, a suit by an individual against a corporation or any combination thereof. The party brings the suit, known as the plaintiff or petitioner, usually is seeking a sum of money (damages) from another party (the defendant or respondent) to compensate her for a claimed injury or loss. Sometimes the remedy sought involves not money but performance; one party wants the court to compel another either to do something he is obligated to do or to stop doing something that is injurious to one bring suit. In a civil action, the case turns not on the defendant’s guilt but on the issue of liability, a party is found either liable or not liable. The burden of proof required to establish liability in a civil suit is generally a lower threshold than the “guilty beyond a reasonable doubt” requires in a criminal trial.
In the either a criminal and civil litigation, the parties may never actually make it to court; they might come to a mutual comprise before the trial date. Parties to a civil suit might reach a financial agreement or other settlement, while the prosecution and defense in a criminal case might agree to a plea bargain, under which a prosecutor offers a reduced charge or sentence in exchange for the defendant’s plea of guilt.
Litigation is a controversy before a court or a lawsuit. All action involves risk; most action involves the possibility of subsequent claims and litigation. The threat of litigation usually deals with the degree of injury. In most instances, lawyers are less likely to pursue litigation in cases where the injury is not serious. Most personal injury cases are taken on a contingency fee, and lawyers know that a modest injury will probably result in a modest fee that might not even equal a reasonable hourly rate. Also, if the case on liability is questionable, the defense is more likely to try a case of modest injury, and that makes it even less desirable to the lawyer. Where the injuries are severe, the odds of litigation are much greater.
There are two kinds of litigation: civil and criminal. If you break a state or federal law, you commit an offense against society. The government, on behalf of the community, begins a criminal proceeding to hold the offender responsible. A criminal litigation is therefore between the government and the accused or defendant. The government is represented by a prosecutor, typically a district attorney (for state prosecutions) or a federal prosecutor (for federal crimes). Either a private criminal attorney represents the defendant or a public defender appointed by the state.
A civil action encompasses virtually any non-criminal court proceeding. It can be a private action between two citizens, a proceeding by one person against the state, a suit by an individual against a corporation or any combination thereof. The party brings the suit, known as the plaintiff or petitioner, usually is seeking a sum of money (damages) from another party (the defendant or respondent) to compensate her for a claimed injury or loss. Sometimes the remedy sought involves not money but performance; one party wants the court to compel another either to do something he is obligated to do or to stop doing something that is injurious to one bring suit. In a civil action, the case turns not on the defendant’s guilt but on the issue of liability, a party is found either liable or not liable. The burden of proof required to establish liability in a civil suit is generally a lower threshold than the “guilty beyond a reasonable doubt” requires in a criminal trial.
In the either a criminal and civil litigation, the parties may never actually make it to court; they might come to a mutual comprise before the trial date. Parties to a civil suit might reach a financial agreement or other settlement, while the prosecution and defense in a criminal case might agree to a plea bargain, under which a prosecutor offers a reduced charge or sentence in exchange for the defendant’s plea of guilt.
Thursday, February 28, 2008
What is Bankruptcy?
Bankruptcy is a legal proceeding in which people who are unable to pay their bills can get a fresh financial start. The right to file for bankruptcy is provided by federal law, and all bankruptcy cases are handled in federal court. Filing bankruptcy is a way to instantly stop all of your creditors from trying to collect debts from you, at least until your debts are sorted out according to the law. Which means if you are experiencing a lot of nasty phone calls, they will stop.
According to Tripp Finley, Esq. of Diamond McCarthy Law Firm, bankruptcy can make it possible for you to eradicate the legal obligation to pay most or all of your debts. This is called a discharge of debts. It is designed to give you a fresh financial start.
Bankruptcy can stop foreclosure on your house or mobile home and provide you the opportunity to catch up on missed payments. However, bankruptcy does not automatically eliminate mortgages and other liens on your property without payment.
It can prevent repossession of a car or other property, or force the creditor to return property even after it has been repossessed.
It can also stop wage garnishment, debt collection harassment, and similar creditor actions to collect a debt. Restore or prevent termination of utility service. Allow you to challenge the claims of creditors who have committed fraud or who are otherwise trying to collect more than you really owe.
But bankruptcy cannot fix every financial problem. And it may not be the right course of action for you. In bankruptcy, it is usually not possible to eliminate certain rights of "secured" creditors.
According to Tripp Finley, Esq. of Diamond McCarthy Law Firm, a "secured" creditor has taken a mortgage or other lien on property as collateral for the loan. Common examples are car loans and home mortgages. You can force secured creditors to take payment over time in the bankruptcy process and bankruptcy can eliminate your obligation to pay any additional money if your property is taken. However, you generally cannot keep the collateral unless you continue to pay the debt.
Bankruptcy also cannot discharge certain types of debts singled out by the bankruptcy law for special treatment such as child support, alimony, some student loans, court restitution orders, criminal fines, and some taxes.
Protect cosigners on your debts. When a relative or friend has cosigned a loan, and the consumer discharges the loan in bankruptcy, the cosigner may still have to repay all or part of the loan.
Different types of bankruptcy include:
Chapter 7-which is known as straight or liquidation bankruptcy. It requires a debtor to give up property, which exceeds certain limits called exemptions, so that the property can be sold to pay creditors.
Chapter 11-which is know as reorganization, is used by business and a few individual debtors whose debts are very large.
Chapter 12-is reserved for family farmers.
Chapter 13-is called debt adjustment and it requires a debtor to file a plan to pay debts or parts of debts from current income.
Most people filing bankruptcy will choose to file under either chapter 7 or chapter 13. Either type of case may be filed individually or by a married couple filing jointly.
As with any area of the law, it is important to carefully select an attorney who will respond to your personal situation. The attorney should not be too busy to meet you individually and to answer questions as necessary.
The best way to find a trustworthy bankruptcy attorney is to seek recommendations from family, friends or other members of the community, especially any attorney you know and respect. You should carefully read retainers and other documents the attorney asks you to sign. You should not hire an attorney unless he or she agrees to represent you throughout the case.
In bankruptcy, as in all areas of life, remember that the person advertising the cheapest rate is not necessarily the best. Many of the best bankruptcy lawyers do not advertise at all.
According to Tripp Finley, Esq. of Diamond McCarthy Law Firm, bankruptcy can make it possible for you to eradicate the legal obligation to pay most or all of your debts. This is called a discharge of debts. It is designed to give you a fresh financial start.
Bankruptcy can stop foreclosure on your house or mobile home and provide you the opportunity to catch up on missed payments. However, bankruptcy does not automatically eliminate mortgages and other liens on your property without payment.
It can prevent repossession of a car or other property, or force the creditor to return property even after it has been repossessed.
It can also stop wage garnishment, debt collection harassment, and similar creditor actions to collect a debt. Restore or prevent termination of utility service. Allow you to challenge the claims of creditors who have committed fraud or who are otherwise trying to collect more than you really owe.
But bankruptcy cannot fix every financial problem. And it may not be the right course of action for you. In bankruptcy, it is usually not possible to eliminate certain rights of "secured" creditors.
According to Tripp Finley, Esq. of Diamond McCarthy Law Firm, a "secured" creditor has taken a mortgage or other lien on property as collateral for the loan. Common examples are car loans and home mortgages. You can force secured creditors to take payment over time in the bankruptcy process and bankruptcy can eliminate your obligation to pay any additional money if your property is taken. However, you generally cannot keep the collateral unless you continue to pay the debt.
Bankruptcy also cannot discharge certain types of debts singled out by the bankruptcy law for special treatment such as child support, alimony, some student loans, court restitution orders, criminal fines, and some taxes.
Protect cosigners on your debts. When a relative or friend has cosigned a loan, and the consumer discharges the loan in bankruptcy, the cosigner may still have to repay all or part of the loan.
Different types of bankruptcy include:
Chapter 7-which is known as straight or liquidation bankruptcy. It requires a debtor to give up property, which exceeds certain limits called exemptions, so that the property can be sold to pay creditors.
Chapter 11-which is know as reorganization, is used by business and a few individual debtors whose debts are very large.
Chapter 12-is reserved for family farmers.
Chapter 13-is called debt adjustment and it requires a debtor to file a plan to pay debts or parts of debts from current income.
Most people filing bankruptcy will choose to file under either chapter 7 or chapter 13. Either type of case may be filed individually or by a married couple filing jointly.
As with any area of the law, it is important to carefully select an attorney who will respond to your personal situation. The attorney should not be too busy to meet you individually and to answer questions as necessary.
The best way to find a trustworthy bankruptcy attorney is to seek recommendations from family, friends or other members of the community, especially any attorney you know and respect. You should carefully read retainers and other documents the attorney asks you to sign. You should not hire an attorney unless he or she agrees to represent you throughout the case.
In bankruptcy, as in all areas of life, remember that the person advertising the cheapest rate is not necessarily the best. Many of the best bankruptcy lawyers do not advertise at all.
Thursday, February 7, 2008
Diamond McCarthy LLP
An important aspect of writing and/or marketing is learning how to write a press release. Below is an example of a Press Release, it is key to state your purpose for the release, give as much detail as possible without being too wordy. There are numerous Internet sites as well as the AP that you can distribute your Press Release too. Verify all of your facts:
DIAMOND MCCARTHY LAW FIRM OPENS NEW OFFICE IN NEW YORK
Diamond McCarthy, a boutique law firm specializing in the investigation, litigation, and cost-effective resolution of complex business disputes on a local, national, and international stage. announces the opening of its new office in New York City. Taking almost 10,000 square feet on the 39th floor of the New York Times Building, the groundbreaking new headquarters of the New York Times on Manhattan's West Side.
As Managing Partner Allan Diamond explained, "We wanted our New York office to reflect our firm's reputation and values." The New York Times Building has been heralded as architecturally innovative and part of the eco-friendly building revolution, which is consistent with our firm's reputation for legal innovation. Diamond McCarthy's Law offices have floor to ceiling unobstructed panoramic views looking to the East, South and West at the Chrysler Building, the Empire State Building, southern Manhattan's bridges, the Hudson River and the Statute of Liberty They are quite simply, breath-taking.
Founded by a group of attorneys, Diamond McCarthy is committed to providing innovative legal solutions to their clients' most complex problems - wherever those problems arise. From their inception, they have addressed the most significant and complicated issues facing their clients across the Continent, through the Caribbean, and into Europe.
Diamond McCarthy's national and international presence continues to expand, with their international docket including objectives for clients from the United Kingdom, the Netherlands, the Cayman Islands, the Republic of Colombia, and the Philippines, as well as their domestic docket that includes matters pending before federal and state trial and appellate courts from coast to coast. No matter where their clients may be or where their problems may arise, Diamond McCarthy is committed to solving its clients' problems and getting effective results.
Richard Janvey, who has been practicing in New York for the past 35+ years (formerly with Debevoise & Plimpton, LLP, Arthur Young, and his own firm, Janvey, Gordon et al), has become a partner at Diamond McCarthy and is heading up Diamond McCarthy's New York office. Joining Richard is Joan Secofsky, also with 35+ years of experience (formerly with Skadden Arps, Proskauer Rose and others). For more information, please see their individual biographies at diamondmccarthy.com.
Consistent with Diamond McCarthy's "single firm approach," its New York office already is involved in all aspects of the Firm's complex commercial litigation/trial and insolvency practice. "The demands of our international trial practice require that we approach case staffing on a firm-wide basis, rather than office by office," Diamond said. "That permits us to devote our resources to the cases for which they are best suited and most needed, rather than being hindered by physical geography." As Janvey added, "Our New York office provides Diamond McCarthy with valuable new resources, while permitting the Firm to better serve its clients in New York and abroad."
The Firm's sub-prime litigation task group, formed earlier this year, will be collaborating and working with the New York office, and the Firm currently is planning to launch one or more new sub-practice group areas to be spearheaded out of the New York office.
620 Eighth Avenue (between 40th & 41st Streets)
39th Floor
New York, New York
Telephone number (212) 430-5400
DIAMOND MCCARTHY LAW FIRM OPENS NEW OFFICE IN NEW YORK
Diamond McCarthy, a boutique law firm specializing in the investigation, litigation, and cost-effective resolution of complex business disputes on a local, national, and international stage. announces the opening of its new office in New York City. Taking almost 10,000 square feet on the 39th floor of the New York Times Building, the groundbreaking new headquarters of the New York Times on Manhattan's West Side.
As Managing Partner Allan Diamond explained, "We wanted our New York office to reflect our firm's reputation and values." The New York Times Building has been heralded as architecturally innovative and part of the eco-friendly building revolution, which is consistent with our firm's reputation for legal innovation. Diamond McCarthy's Law offices have floor to ceiling unobstructed panoramic views looking to the East, South and West at the Chrysler Building, the Empire State Building, southern Manhattan's bridges, the Hudson River and the Statute of Liberty They are quite simply, breath-taking.
Founded by a group of attorneys, Diamond McCarthy is committed to providing innovative legal solutions to their clients' most complex problems - wherever those problems arise. From their inception, they have addressed the most significant and complicated issues facing their clients across the Continent, through the Caribbean, and into Europe.
Diamond McCarthy's national and international presence continues to expand, with their international docket including objectives for clients from the United Kingdom, the Netherlands, the Cayman Islands, the Republic of Colombia, and the Philippines, as well as their domestic docket that includes matters pending before federal and state trial and appellate courts from coast to coast. No matter where their clients may be or where their problems may arise, Diamond McCarthy is committed to solving its clients' problems and getting effective results.
Richard Janvey, who has been practicing in New York for the past 35+ years (formerly with Debevoise & Plimpton, LLP, Arthur Young, and his own firm, Janvey, Gordon et al), has become a partner at Diamond McCarthy and is heading up Diamond McCarthy's New York office. Joining Richard is Joan Secofsky, also with 35+ years of experience (formerly with Skadden Arps, Proskauer Rose and others). For more information, please see their individual biographies at diamondmccarthy.com.
Consistent with Diamond McCarthy's "single firm approach," its New York office already is involved in all aspects of the Firm's complex commercial litigation/trial and insolvency practice. "The demands of our international trial practice require that we approach case staffing on a firm-wide basis, rather than office by office," Diamond said. "That permits us to devote our resources to the cases for which they are best suited and most needed, rather than being hindered by physical geography." As Janvey added, "Our New York office provides Diamond McCarthy with valuable new resources, while permitting the Firm to better serve its clients in New York and abroad."
The Firm's sub-prime litigation task group, formed earlier this year, will be collaborating and working with the New York office, and the Firm currently is planning to launch one or more new sub-practice group areas to be spearheaded out of the New York office.
620 Eighth Avenue (between 40th & 41st Streets)
39th Floor
New York, New York
Telephone number (212) 430-5400
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