Conflict abounds in today’s business climate of break-ups, start-ups and mergers. Some situations are adversarial and end up in court. Some can be mediated, while others are more collaborative and can be resolved through negotiation. In this case, the strategy called for a strong offense to overcome the opposition.

Conflict abounds in today’s business climate of break-ups, start-ups and mergers. Some situations are adversarial and end up in court. Some can be mediated, while others are more collaborative and can be resolved through negotiation.

In this case, the strategy called for a strong offense to overcome the opposition.

Situation  A young entrepreneur left her job with a large company to start her own business. Her prior employer sued for unlawful solicitation of its customers and misappropriation of its trade secrets. The entrepreneur denied all wrongdoing, but she faced a protracted lawsuit against an experienced litigant with deep pockets.

Burtch Law Strategy  Establish what the prior employer actually had to prove in court. Search for leverage—which unearthed the fact that the company still used the entrepreneur’s name and credentials on its website to attract business. File a counterclaim for unauthorized use of name.

Outcome  The investigation revealed the company had failed to preserve the digital information necessary to prove its claims against the entrepreneur. That lack of evidence, together with the counterclaim, forced a settlement. So the employer dismissed its claims, and the new business continues to thrive.

Situation  A young entrepreneur left her job with a large company to start her own business. Her prior employer sued for unlawful solicitation of its customers and misappropriation of its trade secrets. The entrepreneur denied all wrongdoing, but she faced a protracted lawsuit against an experienced litigant with deep pockets.

Burtch Law Strategy  Establish what the prior employer actually had to prove in court. Search for leverage—which unearthed the fact that the company still used the entrepreneur’s name and credentials on its website to attract business. File a counterclaim for unauthorized use of name.

Outcome  Investigation revealed the company had failed to preserve the digital information necessary to prove its claims against the entrepreneur. That lack of evidence, together with the counterclaim, forced a settlement. So the employer dismissed its claims, and the new business continues to thrive.

Common Business Issues

Contract and general business litigation
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Mediation and mediator services
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Local counsel
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Ownership, management
and control issues
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Shareholder disputes

Typical Clientele

Businesses of all types and sizes
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Public and private companies
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Non-profit organizations
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Executives and professionals in litigation