Thoughts from the Chair
By Edward D. Shapiro
To say that these are uncertain times is an understatement. Uncertainty often leads to fear. And while fear can be a positive motivating force, it can also lead to poor decision making. During times like these, we often see a rise in legal disputes. Contracts may be breached for a variety of reasons. A company might be unable to pay for the goods or services it ordered, or a supplier might fail to provide goods or services in the time frame originally promised. When the economy is booming, people generally view fiduciary duties to others in a more reasonable, practical light. When times are tough, they tend to assign blame to those who they believe put their own interests above all else.
There are clearly times when the courts can provide a suitable remedy for these types of situations. We understand the virtues of our court system as well as its faults. We also understand the impact that litigation fees and costs can have on the bottom line. That is why there are other instances when it is in your best interest to resolve a problem more quickly. No matter the circumstances, the key to successful decision making is a thorough, thoughtful examination of your company’s needs and interests. This critical analysis takes time and energy—two things that are typically in short supply—and there are no easy answers. However, finding creative solutions to your unique challenges will allow you to get back to business, whether that means developing the next great product or business plan, or lining up your next group of investors.
Remember that you likely have more resources at your disposal than you might think. Take the time to reach out to your advisors: lawyers, accountants, mentors, anyone you trust to provide sound judgment and advice. As lawyers who focus on dispute resolution (whether through trial or settlement), we are well-positioned to provide helpful advice and counsel, not only when a lawsuit shows up on your doorstep but also during those moments when you are taking the pulse of your business and anticipating future challenges.
As the great Albert Einstein once said, "We can't solve problems by using the same kind of thinking we used when we created them." In that spirit, the Litigation & Dispute Resolution group at Much Shelist takes pride in working with you—during good times and bad—to think creatively about solving your business challenges.
Edward D. Shapiro focuses his practice on the efficient prevention, management and resolution of disputes for commercial entities, organizations and individuals. Serving as Chair of the firm's Litigation & Dispute Resolution practice group, Ed advises and represents clients in state and federal court, before administrative agencies, and in mediation and arbitration in a full range of business matters. He can be reached at 312.521.2421 or eshapiro@muchshelist.com.
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