Litigation

Lawsuits can destroy a business.  It does not take much to tie a company in knots with litigation.  It is soul sapping, dispiriting and expensive.  It seldom results in the sort of triumph everyone imagines when it starts.  Legal fees, alone, can be crushing and many litigators fail to gauge the cost to their clients as it relates to the potential benefit.

litigationLitigators are trained to litigate and most approach a lawsuit as a fixed structure that should be played out in every way the law allows.  That means doing everything procedure provides irrespective of cost or likelihood of success.

That is not how we approach litigation.

We believe our clients are best served by a practical approach to corporate litigation.  We begin by performing a cost/benefit analysis, as any businessman would in undertaking a business deal.  Many cases arise because someone has concluded that  he has been treated unfairly.  Perhaps there has been double dealing or a misrepresentation or underhanded conduct.  Often, the disagreement is seen as “a matter of principle”.  We know, though, that principle can sometimes be too expensive for the benefit derived.  Sometimes pursuing a claim is just not worth the money in legal fees or the time away from addressing other business issues.  That is sometimes where we earn our money best: In warning our clients away from taking on expensive fights they do not need and that will, in the end, never get them what they want.  A lawsuit must be worth its expense or it should not be undertaken.  We provide that dispassionate analysis.

But when litigation cannot be avoided, it is our object to win it at the earliest time.  We are corporate litigators.  We enjoy trying cases.  But we know that getting to trial is an arduous and expensive process and the outcome seldom certain.  That is why our object is to position our clients for victory through motions well short of trial or to so prepare the case that the other side sees the merit in finding a negotiated early resolution.

It is our object to short circuit litigation rather than to drag it out.  That is why we seek to win it quickly.  If a case can be won short of trial, the financial benefit is enormous.  If it cannot, it must be prepared in a way that maximizes negotiating position.  If the case can be advantageously resolved through negotiation or mediation, our clients are money ahead.

We know that the most expensive case is one that goes to trial.  We also know, though, that if it must be tried, our clients deserve the most skillful preparation we can deliver and the most aggressive pursuit of their interests possible.  Defeat is not an option.  Our record of success in trial comes from strategic skill, legal expertise, prodigious preparation and compelling trial presentation.  That is what we deliver.  Every time.

JW Howard attorneys have litigated all manner of business disputes from breach of contract to fraud to the misappropriation of corporate opportunities.  We have represented clients in cases of unfair competition and shareholder, officer and director disputes.  We have successfully pursued our clients’ rights in partnership disputes and corporate dissolution litigation and defended them in shareholder, securities and investor claims.  We have defended publicly traded companies in lawsuits for securities fraud, winning through motions to dismiss.  We successfully defended a major insurance brokerage against a lawsuit for interference with contract, unfair competition and interference with prospective economic advantage.

JW Howard.  When success alone will do.