Resolving Conflicts While Preserving the  Business

Legal Solutions for Partnership  Disputes in Berkeley, Oakland, Walnut  Creek,Contra Costa, Alameda County, Tri-Valley and the Bay Area

A relationship between business owners is very  much like a marriage. And as in marriage, conflicts  in the relationship often center on issues of trust,  control and money. At KORB/LAW, we understand  the dynamics involved in ownership conflicts within  closely-held companies and business partnerships,  and our attorneys have extensive experience in this  area.

In previous cases, our firm has helped owners of professional practices, small manufacturing companies, service companies, retail stores, family businesses and other enterprises resolve disputes both inside and outside of the courtroom.

Many of the people who come to see us about a partnership or closely-held business dispute want to resolve those conflicts as amicably as possible and return to “business as usual.” At the same time, doubts about the integrity of a business partner’s actions, perceptions of unfairness and issues of control and decision-making power must be objectively evaluated and addressed before that can happen. We can help you evaluate the situation and all of the options you have to address it with an eye toward preserving what you have worked so hard to establish as a business owner. In many previous cases, we have been able to deliver creative, cost-effective solutions through negotiation or mediation.

To discuss your partnership or family business dispute with an experienced attorney and mediator, contact our offices at (510) 524-0903 to schedule a free initial consultation.  RICHARD is a firm believer that trial, like war, should be a last resort. It only makes sense where all other options have been explored. Richard will, therefore, leverage his negotiating skills as acertified court mediator, and use Alternative Dispute Resolution (ADR), mediation and arbitration to resolve many cases early-on before you have lost valuable time, resources and money in litigation.

What Is ADR?

ADR is a term covering the full range and array of techniques designed to resolve disputes early and with the goal of avoiding the time, expense and stress associated with going to trial in a public court of law. ADR does not replace the court system. Certain cases will always have to be tried in a public forum. ADR complements the court system by making methods available to resolve some disputes at less cost, in less time, and often without the win-lose outcome that characterizes conventional litigation. Private vs. Court-Ordered ADR: ADR methods include private, voluntary procedures, as well as court-mandated programs.

ADR Obtains Better Results: It is now widely recognized that in many cases clients can obtain better overall results through ADR than through conventional litigation. With ADR, the parties can:

a. Avoid delay and expense of litigation: While over 90% of the lawsuits filed eventually settle, too often they settle only on the eve of trial, after rounds of pleadings and exhaustive discovery. As a result, attorney fees and costs often outstrip the value of a case, giving the client with the “deepest pocket” unfair leverage. Conciliatory ADR procedures, such as mediation) facilitate settlement before hostilities escalate and the litigation process gets under way.

b. Maintain confidentiality: For the most part, ADR proceedings are conducted in private, and the parties can maintain the results of the proceeding in confidence. This can be important in certain cases, such as sensitive trade secret cases or divorce. By contrast, court cases are public and with few exceptions, documents filed in court are matters of public record absent a gag order or “air-tight” protective order re confidentiality.

c. Maintain control over the process: ADR is a consensual process. The parties make the key decisions. They select the person who will facilitate the negotiations, conduct the hearing, or preside over the trial. They control the timing and pace of litigation. They can set deadlines for completion of pretrial proceedings, can limit discovery, and can determine where, when and in what sequence the trial will be held. They can alter applicable procedural rules as they wish. Their unique concerns can be addressed; and much of the “delays and inefficiency” of normal court proceedings can be avoided.

d. Achieve a better outcome without “collateral damage”: Conciliatory ADR procedures, such as mediation are particularly effective in resolving disputes because the parties participate directly. Direct party participation in the ADR process usually results in consideration of particular needs (emotional, financial, etc.) that are often neglected in the courtroom. Addressing these needs may lead to more appropriate solutions than those resulting when a problem is forced into a legal “cause of action” and its associated remedy. (For example, parties to an unfair competition dispute may agree to cooperate in cross-licensing of products and information rather than pursuing a tort action that can result only in a damages or injunction remedy.) Also, parties having a continuing relationship with each other are more likely to adhere to agreements reached through their direct participation.

Why Richard Korb? Richard  has negotiated and resolved many business disputes involving diverse issues such as breach of contract, fraud or misrepresentation and concealment; unfair competition, unfair business practices; business torts such as  interference with contract, interference with a business relationship, interference with customers; theft, conversion or misappropriation of assets; concealment  and/or non-disclosure in the purchase or sale of a business,  prosecution or defense of  trade secrets, issues pertaining to non-compete and/or non-solicitation clauses and/or an NDA in an employment agreement or severance agreement or independent sales contract; disputes between former partners to a LLP or LLC, franchise-related disputes, employment-discrimination related disputes, shareholder disputes including shareholder derivative disputes, corporate bankruptcy and reorganization; personal injury defense, business/trade  libel and slander/defamation,  major property damage and more.

Talk to a senior lawyer today with 30 years of in-depth experience about your rights and obligations. We can help you evaluate the situation and all of the options you have to address it with an eye toward preserving what you have worked so hard to establish as a business owner. In many previous cases, we have been able to deliver creative, cost-effective solutions through negotiation or mediation.

Litigation: Defending Your Business’s Interests When Settlement Is Not An Option Defending Your Business’s Interests in Berkeley, Oakland, Walnut Creek, Contra Costa, Alameda County, Tri-Valley and the Bay Area

When settlement is not an option, we will  aggressively pursue our client’s interests through  arbitration or trial. And because of our 30 years plus  experience, we often know the endgame: how the  case is likely to play out. So we can often save clients  substantial time and money in getting to resolution  quickly and efficiently.

If you are the injured party, you may have grounds for a civil lawsuit to seek monetary damages for physical, financial and/or emotional harm, including punitive damages if the harm was intentional or reckless. A civil action might also seek an injunction to cease and desist, return of property that belongs to you, or other specific remedy. Our role is to establish the negligence or wrongful acts and aggressively pursue your just compensation or desired outcome.

If you are being sued, you could be personally liable for damages. You may find yourself not only in dispute with the plaintiff but with your own insurance provider. We provide proven and cost-effective defense. Our primary goal is to prove that you were wrongly accused or that the other party has not suffered any actionable harm. If their lawsuit proceeds, we can represent you in settlement negotiations or at trial.

When faced with the prospect of business litigation, it is important to know that you retained an attorney who not only understands the law, but one who also understands the courtroom. At KORB/LAW, you will. Call us at (510) 524-0903 or e-mail us at info@korblaw.com. Our main areas of operation allow us to be your Oakland business dispute attorney, Berkeley business dispute attorney, Walnut Creek business dispute attorney and other surrounding areas.  <div>Home | About Us | Business Law | Bankruptcy | Family Law | Real Estate Fraud | Contact Us | Links</div>