Litigation Avoidance

High-stakes business litigation is a somewhat more civilized version of war. Like war, litigation is sometimes inevitable, but often it can be skillfully avoided. Because litigation, like war, is almost always costly and time-consuming, the perceptive Business Litigation Practice Team at Bingham McHale is committed to helping our clients avoid having to launch an attack, or being attacked, unless and until the time is right.

Our lawyers have extensive experience in negotiating a wide variety of business disputes including disputes between suppliers, vendors and/or distributors, internal corporate and partnership governance disputes and disputes between competitors. We work with your management team and in-house counsel to understand how the dispute arose and how it might be resolved. We never forget that your ultimate goal is to maximize your bottom line and that any possible resolution of the dispute should make sense from a cost-benefit analysis. We never forget that a dispute should be resolved in a manner that best serves the interests of the business, not its outside lawyers. We also help to put you in the best position possible if litigation becomes unavoidable.

With the proliferation of electronically stored information (ESI), electronic discovery is one of the most rapidly evolving areas of the law, and the potential risks facing litigants, especially corporations lacking a well-designed records retention policy, are massive. In addition, federal and state laws require businesses to maintain certain types of records for certain periods of time, and the penalties for failing to do so can be harsh. Bingham McHale has extensive experience in records retention and management issues, including the formulation and revision of document retention policies. We are prepared to use that experience to work with your company’s management and/or in-house counsel to craft a records retention policy that is specifically tailored to meet the your unique business interests and legal requirements.

Like war, litigation may often be avoided through effective negotiation and planning. If a fight is necessary, we will respond, fighting with you every step of the way. Give us a call so that we can help you avoid having a minor skirmish escalate into a major battle.

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