How do we nip lawsuits in the bud, saving clients the considerable cost, time and stress of litigation?

We keep business disputes out of court. Our focus is on preventing conflicts from becoming lawsuits and resolving transactional disputes before they escalate. Several members of our team have litigation experience, but we are not a traditional litigation, mediation or arbitration shop. If litigation does become necessary, we bring in trusted litigation counsel through pre-established joint-representation arrangements and remain closely involved, so the lawyers stepping in already understand the client, the business and the issues.

Avoiding litigation on the back end with best practices on the front end.

The best way to avoid litigation is to plan for it from the beginning. That means more than drafting strong agreements. It means understanding the business, anticipating points of friction, structuring transactions appropriately, maintaining corporate formalities, securing the necessary licenses and permits and ensuring the right insurance coverage. The objective is to eliminate ambiguity and address vulnerabilities before they become disputes, giving clients a stronger position if a conflict ever arises.

Making claims go away.

When a client is sued, we do more than simply hand the matter off to litigation counsel. Because we know the client’s business, assets, relationships and history, we can respond immediately and substantively, whether that means reaching out to opposing counsel, making an initial court appearance or filing an initial response. The goal is to resolve the matter before it turns into full-blow litigation.

Giving opposing counsel everything they need.

One of our most effective pre-litigation tools is the demand letter, especially in cases involving fraud, a clear violation or breach of contract.  Opposing general counsel often can’t prioritize a matter until they receive a formal demand, so we make ours count. No mere one-page threat; ours can run 40 to 80 pages and are designed to give opposing counsel the complete case up front: the facts, legal analysis, evidence, supporting documents and relief demanded. That transparency allows a general counsel or other decisionmaker to evaluate the matter without first spending months and substantial resources on discovery. By making their job easier and stating our position clearly, we often create the conditions for an amicable resolution before litigation becomes necessary.

“One of our clients initially questioned spending approximately $20,000 on a comprehensive demand letter responding to a $15 million claim brought by a major energy conglomerate. The concern disappeared when the conglomerate’s general counsel received the letter, reviewed our detailed presentation of the facts, legal position and supporting evidence, and agreed with our client’s position. The result demonstrated the value of the strategy: a significant investment in getting the facts and legal position right at the outset can eliminate the far greater cost and disruption of litigation.”