Category: Commercial Litigation
What Should be Included in an Arbitration Clause Used in Business Contracts?
October 10, 2022 | Joan M. Quade
Many companies are choosing arbitration to resolve business disputes, as litigation has become more and more expensive, and it sometimes takes years to get to trial. The district courts are still very behind from the COVID pandemic, adding to the delay. Even after trial, the appeals can go on for years, costing additional resources and time. So, what do you put into an arbitration clause that accomplishes what you want? First, you should always consult with your attorneys based upon your particular business needs. They can draft the perfect arbitration clause for you, after discussing your business goals and philosophy about dispute resolution. Some companies need or want to take a more litigation-like approach regarding disputes and want a requirement to arbitrate because of its cost savings and speed, but also to include some rights to limited discovery in the process. Other businesses take a more collaborative, problem-solving approach to reach a mutually beneficial and economical resolution to problems. They want a requirement in the clause to attempt to resolve any disputes before they file for arbitration, through settlement efforts or even mandatory mediation. If the collaborative, problem-solving method does not work, they want to streamline the dispute resolution through a well-defined arbitration process. Both philosophies need specific clauses that spell out the…
Read MoreBarna, Guzy & Steffen LTD. announces the addition of a new associate to the firm
April 26, 2021 | Barna, Guzy & Steffen, Ltd.
Georgia S. Kellogg has joined Barna, Guzy & Steffen’s Corporate Business & Real Estate department and will be working closely with attorneys practicing in those areas serving existing clients and enhancing the firm’s ability to serve our community. She is an experienced corporate attorney who has worked with clients in commercial and real estate transactions, transfers, entity formation and corporate governance, shareholder buyouts and redemptions, loan defaults, property disputes and more. Georgia has recently returned to Minnesota after working for a law firm in Washington where she also advocated on behalf of a corporate client before the Washington Department of Revenue. Georgia is a 2019 graduate of Mitchell Hamline School of Law. During her time at Mitchell Hamline, she earned the Law and Business Certification; Law School Public Service Award and was on the Dean’s List. Prior to law school, Georgia attended the University of St. Thomas, graduating with a dual degree in Accounting and Legal Studies for Business in 2016. Barna, Guzy and Steffen, LTD. has a long-standing tradition of helping clients with their legal needs, serving generations of clients in the north metro. Georgia is excited to be joining our legal team saying, “It is a blessing to be back home in Minnesota and to have this opportunity to practice alongside…
Read MoreA Practical Look at Arbitration as a Growing Trend
September 27, 2019 | Joan M. QuadeIn the 30-some years that I have been a lawyer, there have been many changes in the way companies do business and in how disputes are resolved. In that same period, however, I have not seen the same depth and breadth of changes in the court system. I have been a litigator representing businesses and individuals in all kinds of cases. I have been an advocate for clients in jury trials both short and long, court trials, mediations and arbitrations. I am also now a mediator and an arbitrator. Companies are now doing business at the speed of email and have global and international goals and inspirations. They have 30, 60 and 90-day business plans. When a company has a dispute, their lawyer must tell them that it will take about a year to get to trial to resolve that dispute, and longer if you are in federal court. It is not surprising that clients find this timetable and its inherit price tag unacceptable. During that year they need representation through a legal process that has been in place in the court system for longer than I have been an attorney. The process involves exchanging discovery documents, responding to Interrogatories, taking and defending depositions, preparing and arguing motions and preparations for trial. It…
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