Kitch - Attorneys & Counselors
Business Transaction Disputes


The Kitch firm has handled commercial disputes at all levels--from talk to trial.  While many of these disputes involve healthcare providers and automotive-related businesses, our work spans all types of business disputes. 
The nature of many commercial disputes can make them very sensitive.  A disagreement between a manufacturer and supplier or retailer, or infighting among a physician practice group, is not good for anyone's business and can result in loss of an advantageous relationship and in bad publicity--both of which are bad alternatives for all parties.  For that reason, we think that litigation should be the exception and not the rule.  Using our credibility as litigators and our experience as finders of solutions, we focus on guiding our business clients to an early resolution of these matters, avoiding the undesired business and public relations repercussions that can occur if they should get out of hand.  Apart from litigating business disputes in court or binding arbitration, we represent clients in all venues and forums, and take a "value added" role in face-to-face negotiations, facilitation, mediation, mini-trials and non-binding arbitration processes.
The Kitch firm also advises and assists clients with electronic discovery preparedness and compliance in the state and federal courts, including compliance with the revised rules of Federal Civil Procedure.

Examples of some of the interesting and complicated business disputes we have successfully handled in and out of court include:

  • Reorganizing or separating professional practices that have dissident partners
  • Negotiating joint defense agreements among manufacturers and users of healthcare products
  • Renegotiating a long-term, multi-million dollar HMO management contract between a management company and the owners in the face of breaches by the manager
  • Disagreement between healthcare institutions over potentially inappropriate transfers of patients -Disagreements over responsibility for multi-million dollar losses among insurers
  • Litigation and negotiation of a dispute among competing trade groups of professionals who practice at different levels
  • Protecting a state trial court from an injunction for an alleged violation of the Bankruptcy Code
  • Litigating appropriate billing procedures and coding requirements for pain treatment
  • Litigating the tax exempt status of a non-profit hospital accused of charging discriminatory pricing to the uninsured.