Business Disputes and Litigation
Handling Business Disputes and Litigation
No attorney or law firm can guarantee a successful outcome in business disputes or litigation. McKenzie Law Associates however can guarantee that your business dispute will receive the dedicated efforts and energy necessary to provide a professional and persuasive presentation of the facts and law applicable in your case. Even though litigation may ultimately be required, the philosophy of this law firm is to make every effort to settle disputes without litigation, by using arbitration, mediation, or collaborative law processes. This approach is a dignified and business-like approach that usually is less expensive and less time-consuming than litigation. If litigation is required, we will use all our knowledge and experience to aggressively pursue the matter through trial and appeal if necessary, but at the same time, we always look for options and opportunities for a negotiated resolution.
It is important to know that, if you or your business is facing a serious legal or business dispute, your case won’t be passed off to another lawyer or law firm if litigation is involved.
With over 39 years of Business Litigation/Trial experience, McKenzie Law Associates, P.C. offers clients a combination of knowledge and trial skills in business cases that few other attorneys in Gwinnett County or North Georgia possess. Trial and litigation skills only come with experience, Jim McKenzie’s “AV” rating for over thirty years by Lawyers.com and Martindale Hubble reflects a rare recognition by fellow lawyers and judges in trial practice and business litigation that Mr. McKenzie exhibits and exercises the highest trial practice skills in an ethically responsible manner. When the stakes are high, pre-eminent legal skills make the difference between a “satisfactory outcome” and a “poor result.”
Recent Litigation Matters
In our practice, the term “business litigation” includes the full spectrum of legal issues and disputes that most businesses encounter. The following are examples of our recent cases:
- Suit on Promissory Notes and Guaranties arising out of business purchase transaction. Key defenses – fraud, based on alleged failure to disclose tax liabilities and recent changes in profits. Result: Jury verdict in favor of our client (the Plaintiff) in the sum in excess of $650,000.00 in DeKalb State Court, Decatur, Georgia.
- Shareholder Litigation based on decision of corporate officer of family owned business to leave the business, disputes with remaining shareholders. Key issues – breach of fiduciary duty, misappropriation of business opportunities and trade secrets, voting rights of shareholders. Result: negotiated buy-out of departing president’s shares based on independent valuation of business. Gwinnett County Superior Court, Lawrenceville, Georgia.
- Shareholder dispute based on apparent deadlock of shareholders with 50-50% ownership; no stock issued- only evidence of stock ownership was Sub-s election form. Result: Negotiated division of corporate assets.
Suit between accountants arising out of sale of business transaction. Key issues: construction of contract; construction of covenants not to compete, trade secrets, calculation of post-transaction revenue due to Seller. Result: negotiated settlement, Hall County Superior Court, Gainesville, Georgia.
- Miscellaneous other suits on covenant not to compete, trade secrets, commercial sale transactions between merchants, breach of warranty claims, and service contract litigation.
- Commercial real estate litigation involving conflicting claims to large earnest money deposit. Key issues – contract interpretation involving buyer and seller’s pre-closing obligations. Result: Summary Judgment for Buyer (our client), upheld in Georgia Court of Appeals, award of Attorney’s fees of over $40,000 to buyer by Trial Court. Cobb County Superior Court, Marietta, Georgia.
- Small Business Claim of wrongful solicitation of employees against Fortune 500 Company. Result: negotiated settlement without filing suit or formal arbitration or mediation. Used increase in contract rights for additional business opportunities in lieu of money payment. Valuable contract rights created has resulted in substantial increase in our client’s business volume over last five years.
- The business litigation matters handled by McKenzie Law Associates are typically resolved through negotiated settlement; however, many cases proceed to jury trials or bench trials. These decisions resulting from jury trial or bench trials may be appealed to the Georgia Court of Appeals and/0r the Georgia Supreme Court. The primary attorney of McKenzie Law Associates, P.C., James W. McKenzie, Jr., appears as co-counsel or sole counsel in seventeen reported cases.