Business Litigation
At Rossman, P.C., we understand the effect that business disputes can have on a company. The firm specializes in all manner of business litigation, whether the matter involves an internal dispute among a company’s fiduciary owners or an outside dispute with a third party. As such, the firm regularly litigates matters involving business claims of various kinds, including fiduciary and statutory breach, breaches of contract, fraud, embezzlement, conversion of assets, and unfair competition.
Disputes often arise out of one party’s failure to perform their obligations under a contract. When parties with whom our clients contract fail to perform their obligations, we aggressively and effectively pursue recovery for our clients by filing breach of contract actions. Likewise, if our clients are accused of breaching a contract, we forcefully defend them in litigation.
Business disputes can also arise out non-contractual duties. For instance, directors, managers, and officers, owe fiduciary duties to their companies. Those fiduciary duties may include the duty not to personally take advantage of opportunities that are within the company’s line of business, the duty to avoid conflicts of interest, the duty not to misappropriate the company’s assets, and the duty to act fairly when dealing with the company. We are experienced in the type of litigation necessary to protect businesses and business owners from improper conduct by fiduciaries.
However, we also understand that, while fiduciary duties are an important safeguard and are necessary for protecting a company’s interests, an action that may further a fiduciary’s personal interests is not necessarily a breach of fiduciary duty. Actions which may be benefit a director, manager or officer personally may also further a legitimate business purpose or be otherwise justified. Additionally, directors and managers who act in good faith must be given latitude in how they manage the business. Therefore, we also defend directors, managers, officers, and employees accused of breaching their fiduciary duties.
Competition between businesses also often leads to litigation. In some situations, competition can be improper. Where the improper competition is the result of a former employee violating provisions of an employment agreement in which the employee agreed not to compete, not to solicit customers or employees, or not to disclose confidential information, the company may be entitled to relief for violations of the employee’s agreement. Where the unfair competition is causing continuing harm to the business, in addition to suing for money damages, the company has the right to seek an injunction to stop the improper interference.
We protect our clients’ rights to, and value in, their trademarks, copyrights, and trade dress. Rossman P.C.’s lawyers are experienced in prosecuting and defending trademark, trade dress, unfair competition, and copyright suits. Our attorneys provide intellectual property enforcement strategies that police the marketplace and protect clients against claims of infringement, misappropriation and unfair competition. However, companies and individuals have a legitimate right to compete when that competition does not involve any improper activity. Therefore, we also protect our clients’ rights to legitimately compete in the marketplace by defending our clients against unfounded lawsuits alleging improper competition. Our solutions may include obtaining an early injunction, reaching a favorable settlement or aggressively litigating the case. Our lawyers are highly skilled in handling litigation through alternative dispute resolution, such as arbitration and mediation, which results in settling many of our clients’ litigation matters out of court.
We understand that the expense and uncertainty of litigation can have a significant impact on a company’s bottom line. Our primary objective in all litigation is to protect our clients’ legal and business interests. We, therefore, work with our clients to evaluate the potential costs, risks and rewards prior to commencing litigation. Whenever possible, we explore a negotiated resolution or alternative means of dispute resolution. However, we recognize that there are disputes that must be resolved through litigation. Rossman, P.C. has earned a reputation amongst the bench and the bar, its clientele, and its adversaries for very skilled, diligent, and successful representation of businesses in both state and federal courts throughout the State of Michigan. The firm’s attorneys are always prepared to try a case in the event that mutual resolution cannot be achieved.