Litigation & Dispute Resolution

While one of our primary objectives is to help keep our clients out of court, when litigation or disputes do arise, our litigation lawyers aggressively advocate on behalf of our clients in order to obtain the most advantageous result at the earliest opportunity.  Our goal is to analyze thoroughly the dispute at hand and achieve a cost-effective resolution in our client’s best interest.

Alternative Dispute Resolution

Our litigation lawyers assist our clients with a variety of out-of-court proceedings, including mediation, arbitration, facilitation, evaluation and settlement negotiations.  Our lawyers have extensive Alternative Dispute Resolution (ADR) experience in labor and employment, construction, real estate, business, contract and trust and estate matters.

Bankruptcy, Insolvency & Creditor Rights

We regularly represent both creditors and debtors in insolvency, workout, restructuring and bankruptcy matters, including related litigation.  We have assisted clients in the following matters:

  • Disputes and planning involving governmental entities
  • Lender representation in the workout and bankruptcies of troubled secured real estate matters, out of court loan modifications and foreclosures
  • Loan renegotiations
  • Representation of creditors, debtors and credit committees in Chapter 7, 11 and 13 bankruptcy cases

Business & Commercial Litigation, Including Business Torts

Our business and commercial litigation team has extensive experience resolving business disputes and handling complex commercial litigation, including:

  • Breach of fiduciary duty
  • Business Torts
  • Contract disputes
  • Corporate disparagement
  • Corporate dissolutions
  • Corporate governance issues
  • Fraud and deceptive trade practices
  • Restrictive covenants
  • Shareholder/minority oppression claims
  • Unfair competition

Commissioned Sales Representative Cases

We specialize in the aggressive prosecution and defense of commission sales representative claims based upon expressed contracts and the procuring cause doctrine, including enhanced damages under the Michigan Commissioned Sales Representative Act.  We have extensive experience litigating and resolving such cases in a variety of industries, including automotive, manufacturing, telecommunications, technology and consumer goods.

Construction Disputes

Our construction litigation lawyers have represented a variety of private, nonprofit and government entities with their construction disputes, including claims of defective workmanship, contract interpretation matters, construction delay and stop notices.  We assist our clients at any stage of the dispute, including:

  • Negotiation and resolution of construction claims
  • Preparation, foreclosure and removal of construction liens
  • Arbitration and litigation of construction disputes

Domestic Relations

No one gets married with the expectation of the marriage ending in divorce.  Unfortunately, statistics tell otherwise.  Couzens Lansky lawyers have extensive experience in the drafting and negotiation of prenuptial agreements in anticipation of marriage to help avoid the pitfalls of divorce and aid in estate planning.  In the unhappy event of a divorce, we provide our clients with fair, responsible representation to protect their interests through a trying time.

Employment & Labor Litigation

The employment litigation lawyers at Couzens Lansky regularly handle all types of employment matters, whether in federal court, state court or administrative hearings, including:

  • All forms of discrimination
  • Breach of contract
  • Business and intentional torts
  • Employment agreements
  • FMLA and other statutory employment claims
  • Misappropriation of trade secrets
  • Overtime and other wage and hour claims
  • Sexual and other harassment
  • Unfair competition
  • Violation of non-solicitation, non-compete and confidentiality agreements
  • Whistleblower claims
  • Wrongful discharge

Personal Injury & Casualty Loss

We all go through life with the hope of never having to deal with loss of loved ones, injury or even damage or destruction of property.  When such losses occur, the hardship becomes more difficult if caused by the neglect or fault of another.  Whether through negotiation or litigation, Couzens Lansky lawyers provide guidance and representation to ensure our clients receive justice and just compensation in these circumstances.

Probate, Trust & Fiduciary Litigation

Our litigation lawyers have handled hundreds of cases representing estates, trusts, grantors, trustees and beneficiaries in contested estate, trust and probate administration matters.  We represent our clients in connection with:

  • Beneficiary disputes
  • Breach of fiduciary duty
  • Charitable gift disputes
  • Conservatorship proceedings
  • Creditor claims
  • Examination of accountings
  • Guardianship proceedings
  • Intestacy and determination of heirs
  • Joint property and beneficiary designation challenges
  • Misappropriation of assets
  • Reformation, modification or termination of a trust
  • Spousal rights
  • Will, trust and estate disputes and contests

Real Estate Litigation

Our real estate litigation lawyers have a wide range of expertise in many different types of real estate disputes. We have successfully represented a variety of clients in real estate litigation in state and federal courts throughout Michigan, as well as in connection with administrative hearings and settlements or mediation. We represent title insurance underwriters and agents, and have handled numerous title claims involving such diverse issues as title and mortgage fraud, unrecorded easements, property description errors and undisclosed prior mortgages and liens. We also represent property owners and developers in connection with zoning disputes (including zoning appeals), boundary disputes, property tax appeals and lender liability cases.  Many commercial and residential landlords rely on us to assist them in disputes with tenants and to handle their eviction actions in any District Court in Southeastern Michigan.  Condominium associations have called on us to help them with the legal aspects of operating condominiums and collecting condominium assessments from co-owners.

We assist clients in the following real estate litigation matters:

  • Judicial mortgage foreclosures
  • Landlord/tenant disputes
  • Real estate tax appeals
  • Title, easement and boundary disputes
  • Title insurance defense
  • Zoning and land use

Shareholder & Partner Disputes

Our business litigation lawyers assist closely-held businesses and their owners in resolving disputes between shareholders, members and partners.  Whether we are representing the company, the majority interest owner or a minority interest owner, we have experience counseling our clients regarding:

  • Breach of fiduciary duty
  • Dissolution of the company or partnership
  • Enforcement of buy-sell or other business agreements
  • Entity deadlock
  • Minority oppression
  • Negotiating a buy-out of an owner’s interest
  • Termination of a minority interest owner’s employment
  • Valuation of an owner’s interest in the company