Business people have disputes and disagreements routinely. Whether or not that results in litigation depends upon the parties, the stake in the matter and their relative positions.
Another animal of business litigation is the area of business torts. Is a company or an individual interfering with your company’s contract rights. Is someone violating a non-compete agreement? Is your company the victim of a fraud? These areas are beyond the traditional business practice and our attorneys are experienced in handling them. If your company is sued for one of these matters, we can provide you with a road map to resolve the matter by settlement or to take it to court and provide your defense. Similarly, should you be the victim of inappropriate tactics by a competitor or other entities, we can provide you with the tools for you to stop the intrusive behavior and protect your company, its interests and assets.
With a combined fifty plus years of business experience in loan enforcement. In state, federal and bankruptcy courts our attorneys have represented clients in hundreds of transactions involving the enforcement of loans and recovery of collateral. From inventory sales, including regulated commodities, to securities to cash assets, manufactured goods, equipment, intangible and intellectual property and of course real estate, our attorneys can tell you the process, guide you through to completion and resolve the matter as quickly as possible under the circumstances. Because they are well-versed in writing the documents, our attorneys know how to use the provisions and are happy to put that knowledge to use for you.
Filing a claim for an amount due in a bankruptcy is more than just presenting an amount that is owed. Do you realize that by filing a simple claim you can subject your company to the jurisdiction of that court for resolution of other matters? These are issues that you need to discuss with counsel before proceeding forward to file claims in a given bankruptcy. Our attorneys are experienced in this area and can help advise you on the direction to take. With the implementation of BAPCPA various creditor rights were enhanced in bankruptcy. We help you to take advantage of all rights available in your situation. Your action must be prompt and proper. We can help make sure that your filing is complete and provide the necessary follow up to provide maximum relief.
In recent years there have many various MERS cases challenging the rights of lenders in court. This is only one area where consumers and other borrowers have declared their financial institution to be their enemy. Our attorneys are experienced in defending lender liability actions both those formally made and those informally asserted. Whether statutory, common law or contract, we can provide a solid defense and help you navigate a difficult situation. We not only know the law we know which questions to ask. Only by exploring all of the nuances of your particular transaction and the parties to it can you be fully prepared to face such claims. In or out of court, we want to help you prevail.
Our attorneys have prosecuted and defended fraud in state and federal court for years. Fraud carries the highest civil burden possible and must be proven by clear and convincing evidence. It is a tool that can be used in state and federal including bankruptcy court when necessary. Handled in a way that is most advantageous to you in addition to prosecuting your fraud action our attorneys will help provide a comprehensive review to avoid a recurrence. If you have not suffered a loss by fraud but are interested in averting that possibility, we stand ready to assist in providing the necessary safe guards so that this exposure can be lessened.
Any technical or legal matter involving family members can be tricky. The nature of those relationships on a normal day can include misunderstandings, hard feelings, irrational behavior, and sometimes theft and cruelty. Add in the death of a favorite aunt or other loved one and the tension and stress can multiply exponentially.
If you, a friend or loved one has suffered a lost relative to whom they were close but now that proceedings have been initiated information is not forthcoming, it may be time to make a formal inquiry. Assistance is needed by those familiar with the procedures and information pertaining to asset transfers on death both inside and outside of probate court. We can help you inquire in a way that is respectful and calculated to yield information that is both useful and actionable. Too many people turn away from conflict. We can help you face the wrong doer and right a wrong for you and future generations.
A creature of statute mechanic lien litigation is something we are very familiar with both in the offensive and defensive positions. Whether for a homeowner, subcontractor or a contractor or an owner-occupier, we can provide the information necessary to protect your interests. These matters are extremely time sensitive and it is necessary for you to contact us sooner rather than later if you have a claim to file or if you have been served notice that a claim has been filed against you.
While we receive referrals from counsel in other jurisdictions on a routine basis and also make such referrals for our clients and contacts, sometimes counsel from another area needs or wants to remain involved. In those cases we are happy to serve as local counsel.
Our attorneys have years of experience serving as local counsel for firms outside our jurisdictional areas who have matters pending or to be brought in the state, federal and bankruptcy courts of Kansas and Missouri. They are prepared to provide as little or as much assistance substantively procedurally through discovery and in person as is required under the circumstances. They are respectful of all client relationships and in protecting the integrity of your client’s relationship with your firm.
Businesses retain help by a variety of methods – hiring employees, utilizing independent contractors, hiring through an employment agency or using employees of a sister or other related entity. All sorts of actions then follow from the hiring to promotion, discipline, compensation issues through to termination. Various employees may be governed in their conduct by government regulations, others by contracts, some are statutory employees and others are union members and others are employed at will.
Our attorneys have represented both employers and employees in administrative and judicial actions in both Kansas and Missouri. Whether it is preparing a complaint for an employee or a response to an EEOC or other complaint for the employer, litigating wage and hour disputes, defending unemployment claims, enforcing contracts, recovering commissions or defending improper employee actions, our attorneys are prepared to help. As in all of our litigation matters we approach it with a practical approach to achieve your goals. Good information coupled with sound counsel can enhance your decision making in these areas.