DeHart Crockett, P.C.

Business and Commercial:

Specific Areas of Practice

	Business & Commercial Transactions and Complex Contracts
	Asset Recovery - Collections
	Entity Formation, Dissolution & Maintenance
	Unfair Competition, Misappropriation of Trade Secrets & Other Business Torts
	Construction Law
	Investigations

BUSINESS & COMMERCIAL SERVICES:
"THE WINNING STRATEGY"

In today's complex economy, business litigation often presents a challenge to a company's ongoing operations and imperils its financial security. In order to achieve your business goals in today's legal environment, you have to first define "winning" and "loosing". While, "winning" legal disputes is always the primary objective, as a win is often critical to sustaining a businesses competitive position and profitability, sometimes avoiding a "loss" may be just as important, as a loss can reach far beyond the courtroom and can effect the company's brand, customer confidence, revenues and even personal reputations. But there is much more to "winning" than a favorable judicial ruling. "Winning" means managing litigation to optimize results that achieve your business objectives.

Before "winning" can be achieved in the courtroom, it must first be defined in the boardroom or a meeting room. The first step to effective representation in business litigation is a thorough understanding of the client's operations and the commercial realities that affect them. We recognize that litigation can impose a serious drain on company finances and, with our Integrated Strategic Alliance program we carefully assess each situation at the very outset of representation by listening closely to our clients to develop an overall litigation strategy that will best meet the needs of the client and achieve their objectives. We are dedicated to working closely with every client and to representing each in the most effective and cost-conscious manner possible.

While litigating cases and preparing for trial, we explore settlement options with clients because we understand that our clients' time and resources are best spent growing their businesses. We therefore look for opportunities to mediate or use other forms of alternative dispute resolution where a matter can be resolved quickly and effectively, allowing our clients to focus their energies on their business and not on lawsuits.

However, not all cases can be resolved without a trial. Whether we litigate to protect our client's interests or defend them against claims from others, our clients know that our straight-forward analysis of their legal problems provides the necessary information to make an informed business decision on whether to proceed to trial. When a trial is required, however, our clients also know that our trial experience, technology, state of the art resources, and Integrated Strategic Alliance program provides a winning edge.

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SPECIFIC AREAS OF PRACTICE

The attorneys of DeHart Crockett have vast experience at efficiently managing large complex cases, assessing and developing viable themes and strategies, reaching superior resolutions, and effectively presenting cases in the courtroom, when necessary. When trial is not the goal, our attorneys also have broad experience in alternative dispute resolution techniques.

DeHart Crockett employs a team approach, combining experienced trial attorneys with ISA allies in other specialized practice areas, as well as a support staff familiar with the latest case management techniques and technologies, allowing DeHart Crockett to provide a team with knowledge and expertise in almost every area and the ability to offer a thorough analysis and presentation of the issues.

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BUSINESS & COMMERCIAL TRANSACTIONS AND COMPLEX CONTRACTS

DeHart Crockett has a reputation for excellence in high-stakes, high-profile, complex business disputes. The attorneys attempt to develop a creative and innovative, yet practical, legal strategy to pursue the best interests for our clients. We work with the client to assess business issues as well as practical solutions in formulating a strategy at the outset of a case. That roadmap helps us determine an overall approach to the litigation, from which motions to file, to what positions to take on various issues, to how to effectively present the case to a judge or jury.

Our involvement in recent cases includes:

Defense and enforcement of commercial and breach of contract claims
Defense and prosecution of business transaction disputes
Representation of companies in termination and employment disputes
Representation of business entities in collection matters
Representation of individuals and businesses in shareholder and partnership disputes
Defense and prosecution of business fraud

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COLLATERAL/ASSET RECOVERY

DeHart Crockett has developed a unique approach to representing lenders in their efforts to recover collateral used to secure loans. The legal process used to recover collateral is replete with systemic delays and technical procedures that create an obstacle to timely recovery of the lender’s collateral. DeHart Crockett recognizes that in addition to daily depreciation, every day of delay in the recovery of the collateral is one more day in which the lender’s collateral can be destroyed or lost forever. DeHart Crocket, through it Alliance Partner, RDN has developed the Asset Recovery Litigation Interface, an outside the box solution which accelerates the recovery process at every step of the process. For lenders who utilize the Interface the time frame from the lenders decision to “go legal” to the time when the legal papers are served on the debtor can be reduced from weeks or months to days, or even hours.

ENTITY FORMATION, DISSOLUTION, & MAINTENANCE

DeHart Crockett has substantial experience representing all forms of business entities in formation, maintenance, dissolution, governance and ownership disputes. We represent corporations and boards of directors in shareholder derivative litigation, and special litigation committee matters. We represent partnerships, limited partnerships, limited liability companies, and joint ventures in disputes regarding fiduciary duties, valuation, and misappropriation.

Our representation relating to in recent business entity matters has included the following:

Representation of officers, directors and special committees in matters of corporate governance
Defense of shareholder derivative actions in closely held corporations
Defense and prosecution of fiduciary duty claims
Representation involving broad aspects of partnership law including partnership liability, partner relations and dissolution
Corporate litigation and shareholder derivative actions

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UNFAIR COMPETITION, MISAPPROPRIATION OF TRADE SECRETS & OTHER BUSINESS TORTS

Often businesses are confronted with situations where they face potential harm to their business, which is threatened by competitors, suppliers, former employees or others. It is frequently necessary for DeHart Crockett to quickly file a lawsuit on our clients' behalf seeking expedited injunctive relief to prevent or minimize a threatened harm. This type of aggressive litigation can be essential to ensure that our clients' rights are protected and their goals achieved. DeHart Crockett's business litigators routinely have sought and obtained such relief for our clients in the following areas:

Unfair competition
Misappropriate of trade secrets
Revealing and/or use of confidential information
Violations of non-compete agreements
False advertising
Theft of key employees
Breaches of employment contracts

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CONSTRUCTION LAW
Our team of construction law attorneys is dedicated to providing a total package of legal services to the construction and surety industry, from drafting or reviewing contracts to resolving disputes in court or arbitration.

We recognize the fast pace at which construction moves, and we are equipped to provide quick response to everyday problems. Our multi-faceted legal representation of construction clients not only addresses litigation concerns, but also the client's business needs. To minimize the risk of litigation and maximize protection for our construction clients, we provide proactive services through advice and counsel in the drafting, review, analysis, and negotiation of construction contracts and related documents. DeHart Crockett's experience with construction issues includes:

Construction defects
Breach of warranty claims
Mechanic's liens
Design defects
Construction administration
Personal injury
Contract negotiation and drafting

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INVESTIGATIONS

As most business owners know, an ounce of prevention now can save a business significant time and expense later. DeHart Crockett is prepared to provide internal investigations into businesses to find these potential pitfalls and eliminate them before they develop into litigation. When litigation is unavoidable, DeHart Crockett and our ISA allies are ready to conduct investigations to aid in the determination of potential responsibility.

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