If you asked most business owners, they would likely say they would know if their company was being sued. After all, a lawsuit seems like the kind of event that would be impossible to miss. Unfortunately, that assumption has cost some businesses hundreds of thousands, and sometimes millions, of dollars. It happens more often than […]
breach of contract
The Business Owner’s Litigation Survival Guide: What To Do During the First 30 Days of a Lawsuit
Few events capture a business owner’s attention faster than being served with a lawsuit. One day, business is operating normally. The next day, a process server appears at the office, a Summons and Complaint arrives, and suddenly a dispute that may have been simmering in the background becomes very real. Questions begin piling up immediately. […]
Why Being Right Is Not Enough to Win a Business Lawsuit
One of the more difficult conversations we have with our business litigation clients is explaining that being right does not guarantee success. Most business owners approach litigation with an expectation that they should win. The business owner believes that they have every right to feel that way because, from their perspective, the facts are clear. […]
The Business Owner’s Guide to Preserving Evidence Before It Disappears
We have learned in our practice that most business owner litigants do not lose important evidence because someone within the company intentionally destroyed it. Rather, more often than not, the business owner loses the evidence without realizing its importance in the first place. As the business dispute begins, tensions rise, and communication becomes strained. It […]
Your Business Partner Locked You Out, Now What?
Few client calls create more urgency than the one that starts with: “My business partner locked me out.” This lament often centers on a changed password or restricted access to bank accounts, accounting software, email systems, customer databases, or company records. In more extreme situations, owners find themselves excluded from meetings, decision-making, and day-to-day operations […]
When Should a Business Owner Walk Away from Litigation?
Deciding when to stop fighting can be difficult. Business owners often find themselves making that determination regarding litigation. By the time a partnership dispute, shareholder action, or contract litigation begins, emotions are often running high. Money has already been spent, relationships have been significantly strained or deteriorated, and positions have hardened. Many business owners become […]
The Most Expensive Email or Text You Will Ever Send During a Business Dispute
Business owners often fail to recognize that they are creating adverse evidence against themselves while writing it. It usually starts with frustration. Emotions run high when a business partner you once trusted stops being transparent, or a client refuses to pay, or a vendor breaches an agreement. Leading you to send an email or text […]
What it Means When Your Business Partner Says, “Let’s Keep the Lawyers Out of This”
When business disputes arise, you may hear: “Let’s keep the lawyers out of this.” This may sound like the other side seeks a collaborative resolution. At other times, the intent may be different. As a business litigator, I have seen situations where requests to “keep the lawyers out of it” were less about cooperation and […]