A common misconception that people unfamiliar with the litigation process share is the belief that a party needs a good faith basis to commence a lawsuit. Many inexperienced clients are absolutely mystified that a litigant can start a lawsuit against them on grounds that they believe are completely devoid of legal or factual merit.
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One of the principal reasons businesses incorporate is to shield the personal assets of the owners from the debts of the corporation and to limit the shareholders’ liability from claims against the corporation. This limited liability is a function of the corporation’s status under state business corporation statutes as a distinct legal entity, separate and independent of its owners.
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The Internet. Can’t live with it, can’t live without it. A friend posts something online about you in fun, in jest, out of spite or anger, and now it is out there for the world to see, read, and/or comment upon. Oh, it will go away or blow over, you think. But will it? The answer is No.
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A typical client call begins, “You know, someone posted this ridiculous thing about my business on the internet, and now every time someone does a search, it is the first thing that comes up on Google. What can I do?”
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