PUBLICATION ARCHIVE

28

Sep

Shareholders Disputes do not have to be “Autopsy” Litigation – You have Options



 

Over the years we have represented quite a number of business owner-managers in shareholders disputes. Prevention is often worth a pound of cure, but what do you do when things have already gone off the rails?

The first thing to recognize is that commercial disputes are what we call “real-time litigation,” as opposed to autopsy litigation. For example, in a personal injury claim, an accident results in an injury that requires compensation. The litigation focuses on the facts that caused the accident. Those facts dictate liability and a further set of facts about the injuries and their impact dictate the amount of damages. The facts in these types of cases are set, there’s no changing them, and legal battles are fought over whether there is sufficient evidence to support these facts.