Litigation FAQs

Some key phases in the litigation process include:

  • Investigation – We thoroughly investigate the facts of your case to identify the legal issues involved and evaluate liability and damages.
  • Pleadings – We craft initial pleadings to submit to the court that set forth your claims or defenses in a clear, persuasive manner.
  • Discovery – We obtain documents and take depositions of knowledgeable witnesses to assemble the evidence that will help your case.
  • Motion Practice –  We write powerful legal briefs and argue forcefully in court to win the fights that matter throughout the litigation.
  • Settlement Negotiations – At all appropriate junctures, we negotiate strategically to achieve a favorable resolution as early as possible.
  • Trial – When a case goes to trial, we present evidence and hammer home case themes in a manner designed to win over the jury or judge.

Litigation can be daunting, whether it’s a modest contract dispute or a complex, bet-the-company lawsuit. At Maxwell Goss Law, we streamline the process and keep our clients fully informed while diligently advancing their interests.

Not every dispute needs to be resolved in court. Here are some other options:

  • The parties, usually with the assistance of attorneys, can negotiate a private settlement agreement without any papers being filed in court.
  • The parties can go to mediation, in which a neutral mediator works with the parties to try to facilitate a voluntary resolution of the dispute.
  • In some cases, such as where a contract calls for it, the dispute can be taken to binding arbitration, in which a private arbitrator, vested with most of the powers of a court of law, hears and decides the case on a confidential basis.

These forms of alternative dispute resolution (ADR) each have their pros and cons. When chosen judiciously and handled properly, they can provide an efficient means of resolving a dispute. At Maxwell Goss Law, we consider all alternatives and recommend options for securing justice on your behalf in a sensible, cost-effective manner.

Swift, decisive action is needed when your IP is at risk – whether it’s a trade secret, patented invention, distinctive trademark, or copyrighted content.

Sometimes the place to start is with a cease-and-desist letter. A strongly worded letter from a reputable attorney can get the infringer’s attention and may lead to a prompt resolution.  If that does not produce results – or if the matter is so urgent it needs to get in front of a judge immediately – the IP owner can file suit and seek an injunction.

Where the IP owner has evidence of infringement and can show an imminent threat of irreparable harm to its business, the court may order an immediate halt to the offending conduct. If your IP has been infringed or misappropriated, Maxwell Goss Law can assess the situation and act quickly to protect your assets.

In a typical corporation or limited liability company, a shareholder or member is entitled to the following:

  • Dividends or distributions of profits
  • Access to the company’s books and records
  • Voting at shareholder or member meetings
  • Election of directors or managers
  • Fair treatment in all matters

Majority owners can get into trouble when they start treating the company or its assets as their own personal property and ride roughshod over the interests of the others. Maxwell Goss Law can help you understand your rights and execute an action plan for getting the value and benefits you have earned.

When someone is motivated to ask this question, the answer is usually yes. Unknowns can get companies, individuals and new ventures into trouble. Every experienced IP attorney has seen many problematic cases come to his or her attention too late to avoid litigation. Sometimes a fix is possible, but nearly always at a far higher price than preventive action upfront would have cost.

If a non-compete agreement is unreasonable as written, what does this mean for the employee and any companies that may be seeking to hire the employee? In Michigan, the courts follow what is known as the “blue pencil” rule, which allows judges to rewrite non-compete agreements to make them legally enforceable, and also throw them out completely. This is an important factor to consider when faced with the decision of what to do in the face of an overly-restrictive non-compete, and employees and businesses seeking to challenge challenging non-compete agreements will want to thoroughly evaluate their options with the help of experienced legal counsel.

It is all too common for majority shareholders and members to violate their rights of those in the minority. The following are some important shareholder and member rights that may come into play in a dispute:

  • Dividends or distributions of profits
  • Access to the company’s books and records
  • Voting at shareholder or member meetings
  • Adoption of bylaws or operating agreement
  • Election of directors or managers
  • Fair treatment

Read more about Michigan business shareholder and member rights here.

An NDA can be a powerful tool for protecting proprietary information and trade secrets. Business owners should wish to consider an NDA when such information is to be shared with


  • Potential investors and partners
  • Vendors and contractors
  • Employees, especially key employees with access to information
  • Some potential customers and licensees


Read more here to learn more about when an NDA may or may not be appropriate for your business or project.


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