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Hello, We are a manufacturing company who signed a Exclusive Manufacturing Agreement with a client approximately 2 1/2 years ago. It has recently come to my attention that they have procured product from another company which directly violates the agreement. After numerous attempts of contacting them to rectify the situation, they have decided to fall silent and not respond. They were a start-up company which began on the east coast and now is nation wide and is now moving across the boarder. They have become the leader in their industry and are known world wide. Due to the lack of engagement with this company and their irresponsible business ethics, I would like to potentially pursue litigation. There are two issues at hand, however. One is the lawyer fees. We are a small business and do not have deep (or even shallow) pockets to pay a firm upfront or during the litigation process. So the first question I have is does your firm work on a contingency basis? I understand that this might be a case-by-case basis. Second is I fear that our “previous” client has superior representation. The current companies CEO was the CEO of a major company in New York and has connections to the elite. He is definitely in the wrong however I not completely positive that our agreement is “Iron clad”. It was written by our attorney in the beginning stages of this process. He had said that it was rather one sided (towards us) and that he was expecting revisions. None were made, therefore I feel that we have them dead to right. Anyway, my concern at this point is is you would take a case on a contingency basis. Since the company has become nationwide and is the leader of the industry, I feel that this would be a rather substantial lawsuit. In addition, they are grossly delinquent in past due invoices to the tune of almost $55K. If this is something your firm is willing to pursue, please contact me at your earliest convenience.
Oct 23, 2020
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Bill HenryFounding Partner | 19 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 19 years of experience

We generally work on an hourly basis, but we do some contingency work when it makes sense. There are a lot of issues to be investigated and discussed before beginning a law suit. The best way to get started is to schedule a free case assessment, this can be done 24/7 by calling 303-338-2365 or online here. At your appointment, we’ll meet by phone or video (Zoom). We’ll discuss your contract, the debt, concerns, desired results, rights, remedies, the law, the process, timeline, how we can help, costs, etc.

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The response provided is based on the available information and is not intended to constitute a comprehensive answer to the inquiry. The only manner to obtain complete and adequate legal advice is to consult with an attorney. Please be advised that no communication, including Q&A postings, through this website establishes an attorney-client privilege, and such exchanges do not create an attorney-client relationship and will not be treated as confidential. The information presented is general information only and should not be relied upon to take, or fail to take, legal action.
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