Services


Mishcon Recoup

 

The counterfeiting of your company's products is a serious matter. A counterfeiter's work deprives your company of profits, tarnishes its reputation, and may even expose it to legal liability. Still, even after securing a criminal judgment against the counterfeiter, realization of economic restitution may not follow. How do you recover the damages your company has suffered when a restitution order is not sufficient to persuade the counterfeiter to pay or the criminal Court is not inclined to aggressively enforce its Order? Introducing Mishcon Recoup™.

What does Mishcon Recoup™ do?

Mishcon Recoup™ builds on the recognition that once a criminal judgment has been entered, either through a plea agreement or trial, all of the elements for civil liability and a civil award of damages are already in place. Using the established findings from the criminal proceeding, we commence a civil proceeding aimed at a civil damages award. Because the defendant has already been adjudicated to be liable on the same or substantially similar facts, he or she is precluded from challenging the civil claim, leading to a settlement, default judgment or quick summary judgment without the time or expense of discovery. Once a civil judgment and damages award has been entered, we use the expansive post-judgment discovery tools provided under Federal law to locate, attach, and acquire the defendant's assets.

Selecting targets carefully

Of course, not every case is appropriate for this procedure. Thus, in consultation with you, the client, we select the most appropriate targets based on the results of pre-action evaluation and private investigation. This enables us and you to avoid expenses on a case that may not produce a sufficient recovery.

FEES

The cost of Mishcon Recoup™ varies depending on the unique circumstances of each case. Cases may be taken on a fixed fee, hourly fee, contingency, or hybrid basis. Give us a call to discuss your needs.