Our Trial Attorneys Serve Clients in Ohio and Kentucky

Strong advocacy when a business dispute is headed for court

At Hemmer DeFrank Wessels, PLLC, we understand that it is in your company’s interest to avoid time-consuming litigation, so our attorneys attempt to resolve business disputes out of court through negotiation, mediation and arbitration whenever possible. But when the other party is unreasonable or there are disputes that are unresolvable, you cannot avoid litigation. Our trial-tested attorneys are experienced in litigating all types of commercial disputes, including:

• Collections — When you have run out of patience with a nonpaying client, debtor or customer, we bring a collection action to recover the money you’re due.
• Employment disputes — When a former employee has violated a noncompete agreement or another provision of an employment or termination contract, we aggressively protect your interests. If an employee sues you for discrimination, harassment or unfair labor practices, we defend you and explore the potential for counterclaims.
• Commercial litigation — Our veteran litigators will prosecute your claims or defend you in disputes arising out of real estate transactions, foreclosures, lender liability claims, healthcare provider contracts, breaches of fiduciary duties, professional liability claims, bankruptcies, probate and estate matters and construction and condominium projects.
• Shareholder and partnership disputes — Our commercial litigators pursue and defend shareholder disputes against owners or managers, breach of fiduciary duty allegations, claims of self-dealing, minority owner conflicts, challenges to executive compensation or buyout agreements, corporate deadlock disputes, and contests over shareholder appraisal rights.

Protecting your interests in employment litigation

Even with sound employment contracts in place, businesses may still face occasional legal problems concerning employees. Employment disputes can affect not only your profits but also your reputation as an employer. They need to be addressed swiftly and decisively. Our litigators are experienced at resolving employment law disputes such as these:

• Wrongful dismissal and discrimination claims — Kentucky and Ohio are both “employment at will” states, which means employers can dismiss workers for any reason so long as it’s not discriminatory or retaliatory. Consequently, employee lawsuits alleging wrongful dismissal often allege harassment, retaliation or discrimination based on race, religion, age, national origin or gender.
• Noncompetition violations — When a former employee uses or sells your company’s trade secrets, such as client lists, marketing plans or information about products that are in the pipeline, you need a team of experienced litigators to protect your interests.
• Wage and hour violations — If you have been accused of failing to pay wages or overtime as the law demands, or of requiring excessive hours or withholding benefits, you need litigators who know how to resolve the allegations with as little disruption as possible to your company. If not handled swiftly, these accusations can spiral into regulatory or even criminal matters.

Acting decisively in shareholder and partnership disputes

Our business law attorneys have decades of experience resolving shareholder disputes. The most common of these involve allegations of:

• Breach of duties by directors
• Conflicts of interest
• Mismanagement
• Inadequate dividends
• Failure to provide financial information
• Exclusion of shareholders from meetings
• Excessive salaries for executives
• Breaches of shareholder agreements

Our business litigators also are experienced at handling partnership conflicts, which often involve:

• Allegations that a partner is misappropriating the business’s assets
• The untimely death of a partner
• Conflicts among family members who have inherited shares of the business
• Partnerships with poorly defined roles
• Partnerships with weak or nonexistent governance procedures
• A partner who “borrows” money from the business for personal use
• A partner who develops a problem with gambling or drugs
• A partner who claims that another partner has breached the partnership agreement

Our litigators represent entrepreneurs and serve as local counsel.

Litigation options during a business divorce

A business divorce is often necessary when partners are at loggerheads over the company’s mission or direction, when minority owners feel marginalized or oppressed or when partners have lost confidence in one another. Business divorces can be amicable and reasonable. But they can also be as contentious and acrimonious as a married couple’s divorce.

Matters in dispute in a business divorce can include:

• Veracity of financial disclosures
• Ownership of intellectual property
• Potential theft of trade secrets
• Value of a partner’s equity
• Acceptability of potential buyers
• Demands to sell or dissolve the company

Our attorneys are skilled at business divorce litigation. We understand the impediments to settlement, and pursue creative solutions that are mutually beneficial and protect your rights. We seek effective solutions that resolve conflicts in a timely manner, preserving the value of your company for the good of all involved.

Contact one of our business litigation law attorneys

The experienced attorneys at Hemmer DeFrank Wessels, PLLC help individual and business clients in litigation matters in Kentucky and across the country. To schedule a consultation, call us at 859-344-1188 or contact us online. Our offices are conveniently located at 250 Grandview Drive, in Fort Mitchell, Kentucky.