For your most important and challenging business disputes
Whether prosecuting or defending a lawsuit, our business litigation attorneys guide our clients through the litigation process while being cost-effective. On the plaintiff’s side, our attorneys have cumulatively collected millions of dollars for our clients. As defense attorneys, our litigation team has vigorously defended clients and has protected them from overreaching plaintiffs. We are experienced in all aspects of the litigation process, from pre-lawsuit negotiations, discovery, law and motion practice, mediation, settlement, trial, and arbitration.
Individuals and businesses often find themselves entangled with a legal dispute for a variety of different reasons, sometimes through no fault of their own. Whether you are bringing a legal action or have had an action filed against your company, it is essential to seek representation from a skilled business attorney who has specific experience handling that type of case.
The following are some limited examples of the many types of business litigation cases that we are experienced to handled.
Breach of Contract
If you are in business, it is safe to say that you have entered into some type of contract with another party, whether it be with clients, other businesses, suppliers, landlords, tenants, etc. Even though both parties sign the contract and purportedly agree to expectations and obligations, contracts are often breached. Breach of a contract usually causes financial losses and additional harm to companies, such as loss of a client’s trust or damage to reputation. If one party breaches a contract and a solution cannot be found, a legal claim may need to be filed to obtain the relief needed to rectify the situation. Such relief can potentially involve ordering the party to perform their duties under the contract and/or financial relief. Alternatively, if you are accused of breaching a contract, you will have to defend against these claims or potentially face costly liability.
Partnership or Shareholder Disputes
In many cases, conflicts do not arise between other businesses, but within a business itself. Disputes between owners can drain business resources and should be handled as effectively and efficiently as possible. Many of these conflicts involve allegations of breaches of fiduciary duty, self-dealing, and mismanagement of the company. The law sets out specific claims and defenses in these cases. Additionally, there are often complex contracts involved including operating or shareholder agreements.
Alternative Dispute Resolution (ADR)
Our litigation lawyers are skilled and experienced in representing clients in alternative dispute resolution forums such as arbitration and mediation. Many parties choose alternative dispute resolution as a means to efficiently and economically resolve litigation instead of relying upon the slow and overburdened Michigan court system.
Many contracts into which companies enter contain binding arbitration clauses. Arbitration is a trial, but without a judge, per se, and a jury. In Michigan, a single neutral arbitrator presides over the arbitration hearing, or the parties can agree that a panel of arbiters will preside. The mechanics of arbitration are substantially similar to a trial in court. Parties call witnesses and present evidence. Parties have the right to cross-examine witnesses who testify against them. Arbitrators rule on the admissibility of evidence and maintain the proper procedures. They are the sole decider of the facts and law. Arbitrators also determine the credibility of the witness called to testify at the hearing. The arbitrator issues a written ruling, making findings of fact and rulings of law.
In addition to arbitration, mediation is another form of alternate dispute resolution with which our business litigation attorneys are vastly experienced. Courts commonly favor mediation as a means of resolving disputes. Many litigants choose to resolve their differences through mediation. Unlike arbitration, mediation is non-binding. The mediator is skilled in listening to each side’s proposals and working to find common ground. Mediation is highly cost-effective and can be more efficient than arbitration. Additionally, parties benefit because they do not relinquish the right to a trial if mediation fails.
Negotiating with an Experienced Business Litigation Attorney
Our business litigation attorneys are highly skilled and experienced at negotiating resolutions of disputes between parties without an intermediary. We take the time to listen to our clients. Whatever the nature of litigation, each client receives personal attention from a seasoned attorney to fully understand the client’s needs and goals. Consequently, they negotiate with their client’s best interests at the fore of their efforts.
Our business litigation attorneys are here to also represent you in court. They are skilled at preparing and filing pleadings and responding appropriately to the other party’s pleadings. They will work closely with their clients through the discovery phase of the case and thoroughly prepare for trial. At the same time, our attorneys will continuously evaluate whether your case can be resolved short of a trial. Whether you are a plaintiff or defendant, hiring a qualified business litigation attorney is crucial in achieving a successful outcome in your case.