One of the advantages that commercial transactions have at the outset is the convergence of interests between the business partners: everybody is interested in making money. But sometimes after the ink is dry on the contract what began as a case of great expectations can break down into something that you did not anticipate or want, and you can find yourself seeking a way to salvage the situation or even to get out of it.
Simply put, there are businesses in Ohio, in other states and especially in foreign countries that see business relationships as zero-sum transactions. What do you do when the company you engaged to make your products in another country starts making and selling knock-offs of its own? What is your remedy when the distributor to whom you assigned exclusive territorial rights in one state or country starts selling outside its territory? How should you respond when it becomes apparent that your contract partner is stealing your intellectual property?
You may turn to your contract first, to see if it has any answers. But what if it doesn’t? What if, in the heady rush of good feelings when the deal was being negotiated, both sides took a “handshake” approach to drafting the legal documentation and failed to build in adequate legal protections? Or what if the other side is breaching the agreement, and does not seem to care when you point to the contract?
If this is where matters have devolved to, then you will likely need to seek legal counsel. But not just any lawyer will do. You will need a law firm that knows how to litigate. At Dinn Hochman & Potter, we help our clients to build business relationships — but we also help them to protect their legal and contractual rights when things go wrong. We know how to present a strong demand to a party in breach of contract that can help you to establish a strong settlement negotiating position, and if necessary we can take business-related cases to court if negotiations fail. When it comes to business and contract disputes, “No one wants to fight, but someone needs to know how.” We know how.