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Business Litigation

Fort Mitchell Litigators Serve Ohio, and Kentucky Businesses

Strong advocacy when a business dispute is headed for court

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. But when the other party is unreasonable, you cannot avoid litigation. The trial-tested attorneys at Hemmer DeFrank Wessels, PLLC 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 other provision of an employment or termination contract, we aggressively protect your interests. If an employee sues you for discrimination, harassment or unfair labor practices, the attorneys at Hemmer DeFrank Wessels, PLLC defend you and explore the potential for counterclaims.
  • Commercial litigation — Our veteran litigators prosecute your claim 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 — The commercial litigators at Hemmer DeFrank Wessels, PLLC 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 still face occasional legal problems with employees. Employment disputes can affect not only your profits, but also your reputation as an employer. They need to be addressed swiftly and decisively. The litigators at Hemmer DeFrank Wessels, PLLC are experienced at resolving employment law disputes, including those involving:

  • Wrongful dismissal and discrimination claims — Kentucky and Ohio are both “employment at will” states, which means employers can dismiss workers for any — or no — reason so long as it’s not discriminatory or retaliatory. Consequently, employee lawsuits alleging wrongful dismissal often are based on allegations of 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, 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 which 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

The business litigators at Hemmer DeFrank Wessels, PLLC 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 a piece of the business
  • Partnerships with poorly defined roles
  • Partnerships with weak or no governance procedures
  • A partner who “borrows” money from the business for personal use
  • A partner who develops a problem with gambling or drugs
  • A partners who claims that another partner has breached the partnership agreement

Our litigators represent entrepreneurs and serve as local counsel

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Our Office
  • Fort Mitchell Office
    250 Grandview Drive
    Suite 500
    Fort Mitchell, Kentucky 41017
    Phone: 859-344-1188
    Fax: 859-578-3869