Litigation & Dispute Resolution

Helping You Avoid The Expense Of Formal Litigation Using Practiced Dispute Resolution Techniques

Business disputes encompass disagreements that arise in a business context and span the activities preceding, during, and following their settlement. The Calhoun Law Firm, PLC, helps business owners evaluate the merits of their position and scale their activities to meet their legal and business requirements. Efficiency, innovation, and solid judgment are essential for resolving disagreements effectively, whether they are “bet-the-company” scenarios or minor issues. While all conflicts must be addressed with the goal of eventually trying them, The Calhoun Law Firm, PLC, strives to get the best possible conclusion at the lowest possible cost by enabling agreements between the parties to avoid the expense and inconvenience of formal litigation.

Based on the dispute and the client’s participation as plaintiff or defendant, dispute resolution activities may include:

  • Plaintiff Initial Case Assessment determination of whether enough evidence exists to warrant suing.
  • Defendant Initial Case Assessment determination of what evidence exists to defend against a lawsuit.
  • Drafting and filing Plaintiff Complaint and Summons to sue.
  • Drafting and filing Defendant Answer and Counterclaims.
  • Drafting motions to strike or dismiss evidence.
  • Drafting motions to change the venue or location of a trial.
  • Drafting motions for judgement on the pleading making a court appearance unnecessary.
  • Drafting and responding to interrogatories.
  • Drafting and responding to requests for admissions.
  • Deposing opposing parties and witnesses.
  • Collecting, processing, and analyzing information gathered during e-discovery.
  • Drafting discovery-related motions to compel the other side to respond to discovery requests.
  • Engaging in negotiations and mediation with opposing parties to achieve a settlement during the life cycle of a lawsuit.
  • Developing trial strategies based on the facts, evidence, and client goals.
  • Developing persuasive arguments base on strengths and weaknesses of a case.
  • Preparing witnesses and the clients for testimony.
  • Presenting the case before the court.
  • Appealing cases that resulted in an inappropriate decision due to procedural error or alternative interpretations of the law.

A further discussion of each activity is provided in the Dispute Resolution Section of the Blog.

Dispute Resolution Services Provided

Our firm has 15 years of experience handling business disputes for individuals and businesses throughout Arizona. We assist clients with:

  • Negotiations between the parties designed resolve the dispute and avoid the cost and inconvenience of a formal lawsuit. Negotiations review the harm done to the wronged party and the causing party’s willingness to provide compensation. Negotiation can occur at any time, it isn’t uncommon for negotiations to resolve a dispute after a lawsuit is filed.
  • Mediations are proceedings in which each party presents their case to an impartial attorney (mediator), who then seeks to reach an agreement between the two parties. The Calhoun Law Firm, PLC, participates in mediations as counsel to one party or as the neutral mediator. Mediation attempts to reach an agreement that is reasonable for both sides. Mediation can take place before or after a formal lawsuit is filed.
  • Contractual arbitration happens when the parties have signed an agreement saying they will accept arbitration in the event of a disagreement. Arbitration is essentially a court proceeding heard by an attorney (arbiter) rather than a judge or jury. It is less formal than litigation in the court system, and while not free, arbitration is frequently less expensive than litigation in the court system due to the less severe regulations controlling the proceeding.
  • Litigation in state court, federal court, and administrative hearings. The Calhoun Law Firm, PLC, develops and implements creative legal approaches to each individual problem, focusing on the key legal and factual issues, resulting in effective resolution of the underlying dispute. We effectively present your side of a dispute to a judge or panel to protect your rights and maximize your opportunity to achieve a favorable decision.
  • Appeals requesting a change to a court decision. We begin the appeal process by reviewing trial records and case law to identify gaps or flaws in the original trial susceptible to attack.  Using ironclad arguments backed up by solid legal reasoning and precedent we demonstrate how lower court errors influenced the outcome of the trial and require reconsideration.

Common Small Business Disputes

Our firm has assisted businesses throughout Arizona resolve numerous types of business disputes including those governing:

Business Formation Disputes involving:

  • Quiet Title
  • Easements
  • Partnerships
  • Business Break-Ups
  • Successor Liability
  • Corporation Legal Issues
  • Corporate Finances
  • Shareholders
  • Real property
  • Real Covenants
  • Securities Fraud
  • LLC Operating Agreements
  • S Corp Bylaws

 

 

Commercial Transaction Disputes involving:

  • Breach of Contract
  • Breach of Fiduciary Duty
  • Uniform Commercial Code
  • Unfair Trade Practices
  • UCC Article 2 Litigation
  • Mechanic’s Liens
  • Debtor-Creditor Violations
  • Fair Debt Collection Practices
  • Fraudulent Conveyance

Employment Disputes involving:

  • Restrictive Covenant Conflicts
  • Non-Compete Agreement Disputes
  • Workers’ compensation claims
  • Worker’s compensation exposure claims

Intellectual Property Disputes involving:

  • Copyrights
  • Trademarks
  • Trade Secrets

A further discussion of each of these dispute types is provided in the Dispute Resolution Section of the Blog.

Contacting The Calhoun Law Firm, PLC

If our capabilities match your needs, we invite you to contact us today by one of these means:

  • Call us at 877-455-6344 to evaluate our capabilities to address your situation.
  • Submit an inquiry via our Contact Us Form to brief your situation and needs.
  • Schedule a 45-minute legal Consultation via our client portal to review your situation and potential approaches by which your objectives can be met.