LLC MEMBER OPPRESSION DISPUTE SETTLED FOR NOMINAL CHARGES
Bay County, Michigan - H. Joel Newman, PLLC settled an LLC Member oppression/owner dispute for nominal damages. This litigation included more than eight lawyers representing 6 parties. Claims against our client included LLC member oppression, fraud, breaches of fiduciary duty and other claims. The Plaintiffs sought millions of dollars, alleging they had been cheated out of ownership in the company. After more than a year of litigation we settled on behalf of our client for a nominal amount, which amounted to a fraction of what the other parties spent on legal fees alone.
See More Commercial Litigation ResultsWorking With A Business Litigation Attorney, Your Legal Questions Answered.
H. Joel Newman is a highly experienced business litigation lawyer with decades of success in handling business litigation disputes throughout Michigan. Driven by a passion to win for his clients, Joel has built a long history of achieving exceptional results. He has obtained numerous multi-million dollar verdicts and settlements representing plaintiffs and has successfully defended clients against significant multi-million dollar claims. At our firm, we work efficiently and strategically on our clients' behalf to maximize value and protect their interests, ensuring they receive the dedicated representation they deserve.
WORKING WITH A BUSINESS LITIGATION ATTORNEY.
WHEN SHOULD I HIRE A BUSINESS LITIGATION ATTORNEY?
You should consult a business litigation attorney the moment you realize a dispute cannot be resolved through normal business communication, or immediately if you are served with a lawsuit. Engaging an attorney early often prevents a disagreement from escalating into a full-blown lawsuit, as they can help negotiate a resolution before lines are drawn in the sand.
WHAT SHOULD I LOOK FOR WHEN HIRING BUSINESS LITIGATION LAWYER?
Beyond basic credentials, look for an attorney who has specific experience and a strong record of success in your particular type of dispute. You don’t want a general practice attorney and you don’t want one afraid to go to trial. Business owner disputes is a unique area of the law requiring specialized counsel.
WHAT EXACTLY WILL A BUSINESS LITIGATION ATTORNEY DO FOR ME?
A business litigation attorney manages the entire dispute resolution process. This includes:
- • Handle discovery, which is the formal process of requesting documents, taking depositions, and gathering evidence.
- • Obtain governing documents.
- • Obtain financial documents.
- • Call a meeting.
- • Direct forensic accounting.
- • Investigate the facts and assess the strength of your case.
- • Draft and file legal pleadings (complaints, answer, motions).
- • Negotiate settlements with the opposing party.
- • Represent you or your business in court or arbitration if a settlement cannot be reached.
COSTS AND TIMELINE.
HOW MUCH DOES BUSINESS LITIGATION COST?
It varies wildly based on the complexity of the case, the amount of evidence involved, and the opposing party's willingness to fight. Most business litigators charge an hourly rate (often ranging from $300 to $1,000+ per hour depending on experience and location). In specific scenarios (like debt collection or straightforward breach of contract plaintiff cases), some may work on a contingency fee (taking a percentage of the winnings).
HOW LONG DOES A TYPICAL LAWSUIT TAKE?
A standard business lawsuit can take anywhere from one to three years to reach a trial. The longest and most expensive phase is almost always discovery, where both sides fight over what emails, financial records, and documents must be turned over.
CAN I RECOVER MY ATTORNEY’S FEES IF I WIN?
In the United States, the general rule (the "American Rule") is that each side pays their own legal fees, regardless of who wins. However, there are two major exceptions:
- Contractual provision: Your contract explicitly states that the winning party in a dispute is entitled to recover attorney’s fees. Many Bylaws and Operating Agreements provide for the award of attorneys’ fees to prevailing parties.
- Statutory provision: The lawsuit involves a specific law (such as certain oppression or conversion statutes) that allows the winner to collect fees from the loser.
WORKING WITH A BUSINESS LITIGATION ATTORNEY: H. JOEL NEWMAN, PLLC.
WHAT KIND OF BUSINESS DISPUTES DOES H. JOEL NEWMAN, PLLC HANDLE?
When selecting a firm to represent your business, you need an attorney with specific experience and a track record of success. Here are answers to common questions about working with H. Joel Newman, PLLC. H. Joel Newman, PLLC specializes in complex business litigation and trials. The firm concentrates heavily on:
- Shareholder Oppression and Member Oppression: Defending or representing businesses and owners in disputes involving oppression, breaches of fiduciary duty, conversion, breach of contract, accounting and related disputes.
- Business Divorces and Breakups: Handling the separation of partners in closely held corporations, and LLCs by buy-out, sale, or dissolution.
- Business Fraud and Torts: Addressing deceptive business practices, tortious interference.
WHAT KIND OF FEE STRUCTURE DOES H. JOEL NEWMAN, PLLC OFFER?
Our retainer for most matters is $25,000, hourly rates $300-550. We do consider contingent and hybrid fee cases on a case by case basis.
HOW DOES H. JOEL NEWMAN, PLLC APPROACH SETTLEMENTS VS. TRIALS?
The firm has a strong track record in the courtroom—including obtaining double-damage jury verdicts for plaintiffs and zero-damage defense verdicts in mid-eight-figure lawsuits. However, an equitable settlement is often faster and less expensive. Because H. Joel Newman has over 35 years of trial experience and a reputation for winning in court, opposing attorneys are often more willing to agree to a favorable settlement rather than face the firm at trial. We have settled numerous substantial matters through mediation at the inception of the lawsuit.
CONTACT AN ATTORNEY WHO SPECIALIZES IN BUSINESS LITIGATION.
Don’t wait for things to get better. Take action. It is common to waive one’s rights by inaction. Also, although there are exceptions, the statute of limitations in Michigan is two years. Business Litigation is very serious. If you've experienced business litigation damages, you might have grounds for a lawsuit in Michigan. H. Joel Newman has a long record of exceptional results, driven by a passion to win for our clients. Call us today at (248)723-1238 for a free consultation.