Dirty Secretes corprations use to screw you
Corporations often employ a range of legal strategies and tactics in court to protect their interests and minimize liabilities. Some of these strategies are entirely legitimate, while others may push ethical boundaries. Below are some common approaches corporations use in litigation:
1. Venue Shopping
Corporations may attempt to file or move cases to jurisdictions perceived as more favorable to their side, either due to local laws, jury composition, or precedent. This is called "forum shopping."
2. Complexity Overload
By introducing large amounts of complex documentation and data, corporations may overwhelm opposing parties with paperwork, making it harder for them to build a case or respond effectively.
3. Delay Tactics
Corporations often use procedural motions, appeals, or requests for continuances to drag out cases. This can financially exhaust plaintiffs or pressure them to settle for less.
4. Using High-Powered Legal Teams
Wealthy corporations can afford large, experienced legal teams to outmatch smaller opponents in resources, research, and court presentations.
5. Confidentiality Agreements
They may push for settlements that include non-disclosure agreements (NDAs) to prevent negative publicity and keep potentially harmful information out of the public domain.
6. Challenging Standing
Corporations might argue that the plaintiff has no legal standing to sue, effectively stopping the case before it starts.
7. Arbitration Clauses
Many corporations include arbitration clauses in their contracts, forcing disputes into arbitration rather than public courtrooms. Arbitration often favors corporations due to limited transparency and appeal options.
8. Using Counterclaims
Corporations may file counterclaims against plaintiffs, sometimes as a scare tactic, to deter them from continuing the lawsuit.
9. Settlement Without Admission
Corporations often settle lawsuits while explicitly denying any wrongdoing. This protects them from setting legal precedents or admitting liability in related cases.
10. Discrediting Opponents
They may focus on undermining the credibility of the plaintiff, witnesses, or experts to weaken the opposing case.
11. Sealing Records
Corporations often request court records to be sealed in sensitive cases, preventing public access to potentially damaging information.
12. Lobbying for Favorable Laws
Beyond courtrooms, corporations use political influence to shape laws and regulations that make it harder to sue them or cap damages.
13. Preemptive Litigation
Some corporations file lawsuits first, framing the narrative and putting the opponent on the defensive.
14. Mass Settlements
In class-action lawsuits, corporations may negotiate settlements that resolve claims quickly but often pay less per claimant than they might in individual suits.
15. Bankruptcy Filings
In extreme cases, corporations might declare bankruptcy to limit liability or escape paying large judgments, as seen with companies facing mass torts.
16. Third-Party Shell Entities
Corporations might use subsidiaries or third-party entities to shield themselves from direct liability or to complicate lawsuits.
These tactics often highlight the disparity in power and resources between corporations and individual plaintiffs or smaller entities. However, courts and regulators are increasingly scrutinizing such practices to ensure fairness.