| |
| | | | |

Business Disputes & Litigation

The business world can often be a hostile one. The effects of fierce competition and increasing labor and production costs in the marketplace put most new companies out of business. Those companies strong enough and smart enough to survive often become targets for unfair competition and other potentially devastating problems. Breach of contract, fraud, misrepresentation and misappropriation of trade secrets are terms that most business people have unfortunately become familiar with.

As if outside forces were not severe enough, many businesses face internal struggles as well. Corporate in-fighting, LLC operating agreement disputes, dilution, freeze-outs, breaches of fiduciary duty, breaches of loyalty, self-dealing, managerial entrenchment and misappropriation of corporate opportunity are all nightmares that arise internally, at the top levels of a company. Further, the old saying that good help is hard to find holds true today. Employees are often the cause of major business litigation resulting from misappropriation of trade secrets, customer lists, good will and confidential business information, or from unfair competition, breach of loyalty, civil conspiracy or outright conversion of business assets.

The unfortunate reality is that business litigation is often lengthy and expensive. Many times, two or more parties with diametrically opposing interests resolve to engage in "scorched earth" litigation to preserve a competitive advantage and/or to drive a competitor out of business. In light of this, Toomey Legal takes a two-fold approach toward business disputes. If the firm is retained early enough, we attempt to employ alternative dispute resolution techniques whenever their use is deemed prudent. ADR is a rapid, cost-effective way to resolve most business disputes before they escalate into major, business-threatening litigation. If the firm is not retained before the situation escalates, or if the situation is one that is not suited for ADR, Toomey Legal takes a strong litigation stance. A company faced with a business lawsuit should be prepared to defend itself or its vital interests, and commit significant time and resources to the preparation and presentation of its case. Many companies expect the monetary costs of litigation, but they are surprised at the amount of time involved in properly preparing the company's witnesses and documentation for trial. Toomey Legal prides itself on its commitment to putting its clients' interests in the best possible light at trial, through prudent counsel, diligent preparation, and dedication to ensuring that the client, his witnesses and his evidence are prepared to deliver results.