Business Law

Our areas of focus include the following concerns:

  • Contract issues with subcontractors, independent contractors and sources
  • Licensing, master service and other business relationship agreements
  • Employment, partnership, buy-sell and severance agreements
  • Restrictive covenants (non-competition, non-solicitation, confidentiality and proprietary information agreements and clauses)
  • Business reorganizations, break-ups, dissolutions
  • Commercial transactions
  • Workplace and employment related matters
  • Business entity formation
  • Closely-held and family business disputes
  • Drafting and review of employment manuals, policies and procedures
  • Homeowner-contractor disputes

We help with business law issues or disputes in three vital ways:

1. By serving as your Primary Care Lawyer

Disputes between business interests, contracting parties and in the workplace can be minimized and avoided by the early choices you make. Most of the time, assisted and guided by your Primary Care Lawyer, you can safely navigate the minefield of business and employment law, and prevent lawsuits and legal claims. By providing proactive counsel, we also help you to create a better, healthier and less stressful workplace environment and keep all your important business and employment relationships healthy.

2. By using the right Dispute Resolution process for your situation

You have choices in how to best deal with disputes that arise. We want you to utilize ways to resolve your specific dispute that are best suited to your unique situation and circumstances. In all these approaches, you maintain control over the process and you ultimately decide which options will best resolve the matter and meet your interests and goals. This is why Dispute Resolution Counsel LLC provides you representation as your Settlement Counsel, focusing on resolving your dispute quickly, efficiently and in a way that best meets your needs. We encourage the use of processes like mediation, collaborative law, case evaluation, direct negotiation between counsel and other approaches that are more time and cost-efficient options than the adversarial, cumbersome court-connected procedures or binding arbitration, over which the parties have little control.

Should situations become disputes, we believe you are best served by approaches that are intentionally designed to resolve the dispute, while always being responsive to what matters most to our clients in business disputes: Cost efficiency, speed, preservation of important relationships, minimal loss of productivity or disruption in the workplace and no reputational damage. Lawyers trained and experienced as “Settlement Counsel” or “Collaborative Counsel” are better equipped than most litigators to represent you in these kinds of processes.

3. Consider 3-D Mediation or Settlement Counsel for resolving business disputes

We encourage the use of our early 3-D Mediation or Settlement Counsel for quicker, less costly, more efficient and more creative resolutions than litigation or arbitration can provide. 3-D Mediation is used instead of litigation or arbitration, or very early – right after the complaint and the answer have been filed with the court – in the litigation process. Business people are motivated by solving the problem quickly and effectively, preventing the draining of the business’s resources and energies, and getting everyone back to work.

Family and small, closely-held business disputes, partnership disputes or business succession disputes often involve many issues and interests. Most of these kinds of business disputes are about interests and needs other than just money and call for creative and efficient problem-solving. These include:

  • Preserving or improving relationships
  • Correcting a wrong so it doesn’t keep happening
  • More strategic utilization of each person’s strengths and talents
  • Changing the business culture for the better
  • Differences about what direction the business should go
  • Creating more clarity and consistency of management and communications
  • Having the opportunity to be heard by other parties (having our “day in court”)
  • Having the opportunity to listen and consider what the other parties have to say
  • Offering a chance for apologies, explanations and better mutual understanding
  • Maintaining confidentiality and privacy

When some of these considerations are present in a dispute, 3-D Mediation or Settlement Counsel (including Collaborative Law) can provide better and faster ways of reaching an optimal resolution. For more information, go to 3-D Mediation or Settlement Counsel. To read more about Settlement Counsel, here are two excellent articles by James McGuire and by William Coyne.