How to Avoid Personal Liability for Business Acts
14 - March - 2019
As New Albany business litigation lawyers, we represent clients in a wide variety of business litigation disputes, including breach of contract, intellectual property ownership, non-compete agreements, leases, contractual disputes, and other business matters. Our role as legal counsel is to work diligently towards achieving the business objectives of our clients.
In order to increase the probability of achieving the desired results, we work closely with client representatives in developing and implementing a strategic litigation plan around the company’s objectives.
We first seek to understand what the company’s objectives are. Once this is known, the strategic plan is then developed with the company. Thereafter, we actively manage the litigation in accordance with the strategy developed.
During the litigation process, we will need the company representatives to provide information and to make decisions at certain key points. This “planned approach” for litigation thus requires active, ongoing company participation.
In some instances, our company clients will seek to work toward a resolution in the early stages of the litigation. Often this requires “outside the box” thinking and developing innovative solutions. In most cases this strategy requires focusing not only on the objectives of our client and presenting a strong case as to why our client is likely to win at trial, but also on developing a solution that may be acceptable to the opposing party while obtaining the desired goals for our client.
With innovative and creative thinking, the parties to the litigation have a wide variety of possible solutions available, including opportunities for structured settlements. At trial, the discretion of the Court and juries is typically limited to calculating a dollar award that one party must pay to the other party.
In mediation, and through negotiations with opposing counsel, we are often able to obtain solutions for clients that are far more favorable than what they might get in the context of a trial. Through these processes, we are also able to obtain for our clients the sense of certainty that follows from a negotiated resolution. Clients thus no longer need to worry about the uncertainty of a trial, or the associated litigation costs, time, and disruption that are part of the trial process.
In most business matters, the best outcome for both parties is typically an early resolution before significant legal fees, costs, internal disruption, and other adverse aspects take place. However, an early resolution does not always happen.
Some matters inherently will require arbitration or trial, as there is no middle ground that will be acceptable to the parties. In these circumstances, we work hard to ensure that our clients are well positioned for arbitration or trial. We understand what is at stake for them, their company, their employees, and their shareholders.
If your company is threatened with litigation or has been sued, or if you have a potential litigation matter against another person or company, please call our firm. We can meet with you and explain the options and alternatives available based on your matter.