Preventive and negotiation-based counsel for business disputes, from clear contracts through negotiated exits.
A preventive, negotiation-first approach
Most business disputes trace back to an agreement that was unclear, incomplete, or never put in writing. The firm's dispute-related work begins with the same discipline that governs its transactional work: precise contracts, documented decisions and clear communication, so disagreements are less likely to arise and easier to resolve when they do.
The firm does not litigate. When a dispute does arise, the objective is a negotiated, documented resolution (a demand letter, a settlement agreement, or a structured separation) reached without the cost, delay and uncertainty of a lawsuit.
Where the firm's dispute-related work concentrates
- Demand letters that state a position clearly and invite resolution before positions harden.
- Settlement agreements and releases that close out a disagreement with defined, enforceable terms.
- Negotiated business separations and exits among partners, members, or shareholders.
- Pre-litigation resolution: structured negotiation, and where appropriate, mediation, before any complaint is filed.
- Contract and governance improvements designed to prevent recurring disagreements.
What happens if a matter cannot be resolved without litigation
Some disputes cannot be resolved through negotiation, whether because of an intractable disagreement, a limitations deadline, or a party unwilling to engage. In those situations, the firm refers the matter to trial counsel suited to the specific dispute and forum and can continue to support the client on the underlying business, contract and governance issues throughout the litigation.
Building disputes out of the relationship from the start
The most effective dispute resolution happens before a disagreement exists: buy-sell provisions that specify a valuation method, notice-and-cure clauses that give both sides a defined path to fix a problem and dispute-resolution clauses that specify negotiation or mediation before litigation. These provisions are addressed as part of the firm's transactional and governance work.
Answers
Frequently asked questions
- Does the firm represent clients in lawsuits?
- No. The firm's practice is transactional and preventive. When a dispute requires litigation, the firm refers the client to trial counsel and can remain involved in the underlying business and contractual matters alongside that counsel.
- What is a demand letter, and when does it make sense?
- A demand letter states a party's position and requested resolution in writing, typically citing the relevant contract or facts. It is often a useful first step because it creates a documented record and gives the other side a defined opportunity to respond before positions become adversarial.
- Can a business partnership be dissolved without a lawsuit?
- Frequently, yes. Many partner and member disputes are resolved through a negotiated buyout or wind-down governed by a settlement or separation agreement, particularly where the underlying operating or partnership agreement already provides a mechanism.
- What is pre-litigation resolution?
- It refers to structured negotiation (and, where appropriate, mediation) conducted before any lawsuit is filed, with the goal of reaching an enforceable agreement while preserving the working relationship or at least an orderly separation.
- How can I reduce the risk of disputes in my business going forward?
- Clear, complete contracts; documented decision-making; and governance provisions that specify how disagreements will be handled (valuation methods, notice-and-cure periods, dispute-resolution clauses) meaningfully reduce the frequency and severity of disputes.
Official sources
Consult the official sources above for current rules and procedures.