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Michigan Business Beat | Dave Russell, Foster Swift, Reviewing Aspects of Business Litigation

Chris Holman welcomes David R. (Dave) Russell – Foster Swift Collins Smith, PC, Lansing, with 6 offices across Michigan.

Michigan Business Network: Foster Swift cropped

Dave and Chris discuss legal insights on troubled assets, disputes and exit strategies in business and construction. #LegalTips in the YouTube video below:

In their discussion they covered numerous topics including:

  • What are Troubled Assets/Troubled Projects/Business Ventures?
    1. Loans
    2. Construction projects
    3. Business venture underwater
    4. Ownership disputes

  • What are Common Causes in Construction Projects/ Business Ventures?
    1. Defective Workmanship:
    2. Financial Issues:
    3. Contractual Disputes:
    4. Regulatory or Permitting Problems:
    5. Shareholder/Member Disputes

  • Tell us about Implementing Strong Contractual Safeguards and Exit Strategies?
    1. Good contracts – spend money on the front end with attorneys for good documents
    2. Operating Agreements
    3. Exit Provisions
    4. Clauses that cover litigation

       
  • How can distressed assets/projects be preserved during litigation? 
    1. Consider Injunctions
    2. Receivership
    3. Forced dissolution of company
    4. Good legal counsel can help look for the most efficient way forward – think outside the box

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