Preparing for Business Litigation

Dec. 13, 2023


As a business litigation attorney, I've seen firsthand the importance of preparing for potential legal disputes. If you're a business owner, it's not really a question of if you'll face a lawsuit, but when. And when that time comes, how you respond can make all the difference. 


In this post, I'm going to share some insights on how to prepare for business litigation. I'll walk you through what to do if your business is being sued and give you an overview of the litigation process. 


If you're currently facing a lawsuit, reach out to a business litigation lawyer immediately. The sooner you get help, the more prepared you'll be. If you're in or near Troy, Michigan, let me shoulder your legal burdens. Contact my firm today to set up a meeting. 

What to Do if Your Business Is Being Sued

First things first, if you discover your business is being sued, don't panic. It's a stressful situation, no doubt, but acting hastily can lead to mistakes. The key is to take immediate, thoughtful action. Your first step should be to consult with a business litigation attorney. As an experienced litigation lawyer, I can assess the situation, review the lawsuit, and suggest the best course of action.


Next, it's essential to preserve all documents related to the lawsuit. This can include contracts, emails, financial records, or any other evidence that may be relevant to your case. Organize these documents and secure them — they'll be crucial during the litigation process. Additionally, check your business insurance policies to see if you have coverage for the type of lawsuit you're facing. If so, notify your insurance provider about the lawsuit and follow their instructions regarding the claims process.


Lastly, develop a litigation strategy with your attorney. This might involve gathering additional evidence, identifying potential witnesses, or exploring settlement options. Communication is also key during this time, so keep your stakeholders informed about the lawsuit. This transparency will help maintain trust and ensure everyone is on the same page throughout the litigation process. Remember, every lawsuit is unique, and the specific actions you need to take will depend on the circumstances of your case and the goals of your business. 


It's also worth mentioning that, should you need to communicate with the opposing party for any reason, you should only do so via legal counsel. Any communication outside of the litigation process can potentially harm your case. So let your business litigation attorney handle all interactions with the opposing party to protect your rights and interests. 

An Overview of the Litigation Process and How to Prepare

Understanding the litigation process is vital when facing a business dispute. It will typically look like this: 


  • Pre-lawsuit negotiations. This is an opportunity to resolve the dispute amicably without going to court. As your attorney, I can help you assess the situation and engage in these negotiations on your behalf.
  • Discovery phase. Both parties will exchange relevant information and evidence during this time. It's crucial to gather and organize all necessary documents and evidence during this phase. I can guide you through the discovery process and help you respond to requests for information.
  • Law and motion practice. This includes filing and responding to various motions. As your attorney, I'll handle these legal procedures and ensure your rights and interests are protected. Alternative dispute resolution methods, such as mediation and arbitration, may also be pursued to resolve the dispute outside of court.
  • Trial. If the case goes to trial, I'll prepare your case, present evidence, and argue on your behalf. 


It's important to note that most cases are resolved through settlement before reaching trial. In this case, I'll negotiate on your behalf to achieve the best possible outcome. 



Common Reasons Businesses Get Sued

There's rarely a business that doesn't face at least one lawsuit in its lifecycle. Whether you run a large corporation or a small business, understanding the problems you could face is another key way to prepare for potential lawsuits. The following are some common of the most common reasons why businesses get entangled in lawsuits:


  • Breach of contract. Contracts are the lifeblood of business transactions. When one side doesn't fulfill their obligations, it can lead to significant financial losses and even damage to your company's reputation. It's no small matter and often requires legal intervention.
  • Partnership or shareholder disputes. Conflicts between business owners over allegations of breaches of fiduciary duty, self-dealing, and mismanagement of the company can take a toll on the business's resources and morale. Addressing these issues promptly and effectively is crucial. 
  • Intellectual property infringement. With the rise of technology and online businesses, protecting intellectual property rights has become more important than ever. Claims of trademark or copyright infringement can lead to costly legal battles if not handled correctly. 
  • Employment disputes. Disputes with employees over issues such as discrimination, harassment, or wage and hour violations can have serious consequences for your business's reputation and finances. It's crucial to have proper policies in place and handle any complaints promptly and appropriately. 


But regardless of the nature of the dispute, one thing's for sure: you'll want a qualified business litigation attorney by your side. I'm here to guide you through the complexities of the legal world, from negotiation and alternative dispute resolution to court representation if necessary.


Remember, each case is unique and requires a tailored approach. So, if you're facing a business dispute, don't hesitate to seek professional help. I'm here to protect your interests and work towards the best possible outcome. Remember, this information is for general purposes only. Always consult with a qualified business lawyer for advice on your specific situation.

Get Knowledgeable Representation Today

Being well-prepared for each stage of the litigation process is crucial. By working closely with your attorney, providing them with all necessary information, and following their guidance, you can navigate this challenging situation effectively. Remember, preparation is key when it comes to business litigation.


From my law firm — The Law Offices of Barton Morris — in Troy, Michigan, I work with businesses and professionals throughout Macomb County and Oakland County. Reach out today to schedule a time to meet and discuss your case.

Can a Partner Withdraw Without Dissolving the Business?

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Nov. 28, 2023  It’s relatively easy to form a general partnership in Michigan. There are no papers to file or licenses to obtain from the state, but the locality where you intend to conduct business may well impose licensing, permitting, and zoning requirements. While you and some of your friends, family members, or associates may shake hands to form a partnership to market widgets, there are still many details to be ironed out. For instance, who among the partners is going contribute what? Are all just going to ante up a share of the start-up costs, or is one or more partners going to contribute in another way, perhaps through professional expertise? Who is going to manage operations, everybody together or through a kind of managing agreement over who does what? Then, in drawing up the partnership agreement—which should be in writing and agreed to by all the partners—you also must address the issue of what happens if one partner wants out. Does that mean the partnership ends with that person’s departure? In other words, if you create a partnership without an overall partnership agreement addressing the full range of issues that might arise during the course of the partnership’s existence, you might indeed find yourself in a corner, where the departure—or demands—of one partner may well sink the whole enterprise. It’s the Boy Scouts’ motto writ large—“Be prepared.” If your partnership in or around Troy, Michigan, is facing the possibility of one partner departing, and thus leaving the fate of the partnership in question, reach out to The Law Offices of Barton Morris . I have helped countless others draw up agreements and contracts to protect their rights and interests, and I can advise you too, whether you have a written agreement or just a few handshakes. I also proudly serve clients throughout Oakland and Macomb counties.

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Firearm Carry Restriction Exemptions

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July 27, 2023  If you possess a firearm or intend to possess a firearm in the future, it’s imperative that you stay informed about your rights and responsibilities. You are responsible for your own safety and the safety of others, and you should know your rights around carry restrictions—including some notable exemptions. If you require a Second Amendment attorney, call me, Ian Redmond, at Redmond Law Group , serving Troy, Michigan, as well as throughout Oakland and Macomb counties. I can work with you to help you understand your gun rights.

Private Party Firearm Transfers

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The Difference Between “Material” and “Immaterial” Contract Breaches

By Ash Walker • 10 Apr, 2023
April 10, 2023  Running a business involves developing ties with other people and business entities. Of course, you need customers, but you will also often need suppliers, service providers, and professional assistance. In other words, to keep your business operating, you will need to forge agreements to help you in the operation of your business. These agreements will usually be a contract, whether it’s oral or in writing. A contract requires both parties to live up to what’s been agreed upon. For instance, you, as a retail store operator, would most likely have to enter into contracts with suppliers to bring you the products to sell. In return, you generally must pay them for those products. The contract the two of you agree to requires both sides to fulfill their obligations. For example, Supplier A must deliver 100 widgets every other Tuesday, but suddenly the shipment stops. This can be considered a breach of contract as the vendor failed to deliver the goods. However, the supplier contacts you and says that due to weather conditions, the shipment will be delayed until the week after. Is this still a breach? In legal terms, there are immaterial or minor breaches and material breaches. A week’s delay would no doubt be considered an immaterial breach, but if the shipments stopped altogether or for a substantial period of time and put your business in jeopardy, that would be considered a material breach. Material breaches can lead to lawsuits if not resolved in negotiations. If you’re involved in a contract dispute in or around Troy, Michigan, contact me at the Redmond Law Group. I am a business attorney with extensive knowledge of contracts, and their enforceability, and will help you resolve the situation, even if it requires courtroom action. I also proudly represent clients throughout Oakland and Macomb counties, Michigan.

Dispelling Business Formation Myths

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