© 2019 Gates Westering, LLC

Business Disputes

 

We provide cost-effective advice to companies and individuals in all aspects of business and commercial litigation between companies and conflicts among partners, shareholders, and former employees.  We advise individuals and business clients regarding internal disputes and litigation with other parties relating to contracts, fiduciary duties, trade secrets, non-competes, fraud, consumer violations, and business torts.

 

Our firm has handled numerous commercial litigation lawsuits and pre-suit negotiations on behalf of shareholders and directors of corporations involving claims of breach of fiduciary duty, tortious interference, conversion, and RICO violations. We also represent employers and employees in cases concerning the misappropriation of trade secrets, non-compete and non-solicitation agreements, duty of loyalty, and Lanham Act violations.

Serious Injury

 

We litigate serious, high-exposure personal injury cases relating to premises liability, products liability, trucking accidents, automobile accidents, and workplace injuries.  The nature of the injuries range from wrongful death and catastrophic injuries to soft tissue injuries.  We also have experience in cases involving spinal cord injuries, traumatic brain injury and neurological deficits, catastrophic loss of limbs and appendages, and complex regional pain syndrome.
 

 

General Counsel Services

We serve as outside general counsel to small business owners in a variety of routine and complex corporate matters designed to assist in the establishment, protection, and growth of their business.  The scope of our representation begins with legally forming the business and ends with dissolution and winding up of the business.  Specific services include:

 

  • Formation of corporation, LLC, or limited partnership

  • Draft of shareholder or partnership agreement and operating agreement (LLCs)

  • Drafting employment agreements

  • Drafting non-competition, non-solicitation, and non-disclosure agreements

  • Reviewing franchise agreements

  • Advising clients regarding employment termination

  • Preparing or reviewing employment separation agreements

  • Pursuing collection actions against customers

  • Drafting and revising stock purchase and asset purchase agreements

  • Filing corporate dissolution and winding up forms

 

 

Our litigation experience is invaluable in identifying and avoiding potential pitfalls in advising clients regarding business transactions.

 

Insurance Coverage
 

 

We have expertise analyzing insurance coverages and litigating bad faith claims on behalf of insurers and policyholders regarding commercial general liability, umbrella/excess, business auto, automobile, and homeowners’ policies.  Such claims include filing and defending coverage cases through declaratory judgment actions, garnishment proceedings, and claims of extra-contractual liability.  Our firm consults with clients at all stages of the claims process, including the tender of a claim, the initial insurance coverage analysis, a determination of exposure when multiple insurers are involved, and subrogation against other insurers and other parties.

Construction Defects

 

We aggressively represent owners, design professionals, general and subcontractors, and material suppliers in all sizes and facets of construction litigation.  We routinely address the difficult issues facing the construction industry today, including contract analysis, risk transfer and avoidance, contractual and non-contractual indemnity, OSHA compliance, construction defects, catastrophic injury claims, mechanics liens, warranty claims, insurance coverage, insurance defense matters, and appeals.

Employment Law

 

We protect employers and employees in all aspects of federal and state employment law and litigation, including employment discrimination, wrongful termination, trade secrets and restrictive covenants, harassment, retaliation, and wage and hour matters.  We also provide extensive counseling services in such areas as employment contracts, employee handbooks, restrictive covenants, family and medical leave, disability law requirements, and sexual and other unlawful harassment.  We keep up-to-date on the current case law in Missouri and Kansas in order to draft better non-compete/non-solicitation agreements for clients.