Many situations may require the assistance of a skilled and experienced business lawyer, such as; starting a new business, hiring employees, signing a lease, entering manufacturing agreements, limiting your exposure to warranty claims, regulatory matters, protecting intellectual property, a non-compete agreement, buying or selling agreements, corporate or company mergers, acquisitions, and succession planning. Often, you may require the help of a professional Arizona business litigation attorney before you really think you need one. As Ben Franklin said, “an ounce of prevention is worth a pound of cure.”
Generally, most Arizona businesses will face both internal and external disputes. If left unmanaged, these disputes may end up in court or arbitration. There are a variety of good reasons to seek early legal guidance. First, civil litigation is extremely expensive. Two, it will distract you from running your business and may result in lost productivity. Three, it is relatively easy for a person to go to court and file a lawsuit. Even if the claim is not a good one it will cost money to seek a dismissal. Four, civil litigation in Arizona is public and it may have an adverse effect on your business reputation or future ability to sell the business. Finally, in court or arbitration, there are no guarantees over the outcome.
Internal disputes can be managed with clear and thorough internal business agreements, such as: bylaws, business articles, operating agreements, partnership agreements, meeting minutes, and company resolutions. Things to think about include avoiding 50/50 ownership, have a business exit strategy, require regular meetings, and document all material communications.
With external disputes, consider the objective for both sides and seek a “win-win” resolution. Obtain both business and legal advice before the “blow up” occurs. Consider alternative dispute resolutions such as a mediation or arbitration. Investigate the issue early on and know your strengths and weaknesses. The more information you have, the easier it will be to make a sound and objective decision. Whether your dispute is in the boardroom or the courtroom, our team of experienced Scottsdale business law attorneys can help with your success by avoiding legal traps for the unwary.