Business Disputes

I represent clients with business disputes such as collecting on unpaid invoices, interference with my client’s business opportunities, and the misappropriation of trade secrets.  It is often a good idea to discuss the nature of one’s business with a lawyer before a problem arises to identify potential risks, and it’s helpful to know a good attorney when a claim needs to asserted or defended.

Insurance Bad Faith

F.A.Q.

What is the best way to avoid a business dispute?

The best business disputes are those that are avoided. As a result, the best way to avoid business disputes is to use clear and thorough contracts. A good contract can address in advance how certain problems are to be resolved, possibly avoiding a dispute altogether. A good contract can also provide my client with enough leverage the other side is incentivized to settle. For example, non-payment is much less likely when the contract contains an attorney fee provision, a default interest rate, and requires litigation take place in my client’s home jurisdiction.

Generally, there is no insurance coverage for disputes that could be described as a willful breach of contract.  However, a good commercial general liability insurance policy can protect a business from a number of unintentional occurrences.  With the help of a good insurance broker, I often assist my clients in making sure they have the best insurance coverage for their particular business.

Mediation is a process in which a third party, often a former judge or experienced litigation attorney, is hired to help negotiate a settlement.  The parties provide summary statements and relevant documents to the mediator prior to the mediation, and during the mediation the mediator shuttles back and forth between the parties offering advice and a fresh perspective.  Mediation is not binding, it is just an attempt to reach a settlement.  If no settlement is reached, the parties can continue with litigation or arbitration.  What is said at the mediation is inadmissible and a mediator cannot be compelled to testify, so the parties are free to be candid.  Mediation is often an excellent way to resolve a dispute without having to go to trial.

Arbitration is similar to having a dispute resolved in a court of law, except that the judge is a private person hired by the parties.  Like a mediator, an arbitrator is often a former judge or experienced attorney.  Unlike mediation, the decisions of an arbitrator are binding on the parties.  Because all of the rules of civil procedure don’t necessarily apply in an arbitration, it can be a quicker and less expensive way to get a judgment.  The parties can agree at any time to resolve a dispute via arbitration, or arbitration can be required as a term in a contract.

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