Avoiding & Managing US Business Litigation Risks: A Comprehensive Guide for Business Owners and the Attorneys Who Advise Them

Author: Kent Schmidt
Publisher: Globe Law and Business
ISBN: 9781783584062
Published In: March 2022
Format: Paperback , 483 pages
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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Why are companies so frequently sued in the United States, and how might these business litigation liabilities be avoided through preventative measures and more effectively managed? This book answers those two weighty questions. The central premise of the work is that many costly and protracted lawsuits in the US are traceable to unforced errors companies make time and again. By better understanding the sources of commercial litigation, preventive steps can be implemented, reducing these risks. The author draws on two decades of experience defending companies throughout the US in almost every conceivable type of commercial litigation. He applies a “lessons-learned” approach from these experiences, to examine how corporate defendants can avoid claims by developing and enhancing their litigation risk profile.

The book is written for a diverse audience. The primary intended audience is attorneys who may find it useful as desk-reference for quickly accessing relevant information and issue-spotting for their clients. But the book will also interest any person - lawyer or non-lawyer - whose responsibilities include managing US litigation risks. These persons include those in venture capital, CFOs and other members of management, risk management and compliance professionals, and entrepreneurs seeking to implement best practices as they launch a start-up. Whether as an initial overview of the subject matter or a useful desk-reference, Avoiding and Managing US Business Litigation Risks is an invaluable resource for individuals tasked with addressing this challenging topic.

PART ONE: UNDERSTANDING WHY COMPANIES ARE ENSNARED IN COSTLY LITIGATION

Chapter 1: The Five Cs of Business Litigation Risks

PART TWO: CORPORATE GOVERNANCE LITIGATION RISKS – CLAIMS FROM SHAREHOLDERS AND OTHER CONSTITUENTS OF THE BUSINESS

Chapter 2: Basics of Corporate Governance Litigation

Chapter 3: Ten Sources of Corporate Governance Lawsuits

PART THREE: LITIGATION RISKS FROM COMMERCIAL CONTRACT DISPUTES

Chapter 4: Core Issues in Breach of Contract Litigation

Chapter 5: Strategies for Managing Litigation Risks Arising from Commercial Contracts

Chapter 6: Lawsuits Arising from Negotiations and Implied Obligations

PART FOUR: CUSTOMER CLAIMS INCLUDING CONSUMER PROTECTION CLASS ACTIONS, PRODUCT LIABILITY, AND BREACH OF WARRANTY CLAIMS

Chapter 7: Customers Presenting Consumer Protection and Class Action Risks

Chapter 8: A Framework for Identifying Consumer Class Action Risks