Our areas of expertise that have particular relevance to our food, beverage and petroleum industry clients include the following:   

COMMERCIAL

Establishing and operating a business involves ever-present financial, operational and legal issues.  At the Kitch firm, we make it our goal to help our clients promptly resolve the legal issues--whether corporate, regulatory, or contractual--in a prompt and cost-efficient manner. We assist our food, beverage and petroleum companies in compliance issues, and structuring and negotiating manufacturing, distribution, vendor, and other supply chain agreements.  

Litigation and dispute resolution is a fact of life for everyone in business.  Accordingly, the Kitch Firm handles commercial disputes at all levels including trial. The nature of many commercial disputes can make them very sensitive.  A disagreement between a manufacturer and supplier or retailer 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.

LABOR/EMPLOYMENT AND WORKERS' COMPENSATION

Our services in labor issues, employment litigation and workers' compensation include handling all types of labor and employment disputes in all types of forums, including the courts, mediation panels, arbitration and administrative agencies.  The firm also guides each client through--and, as needed, participates with the client in--collective bargaining, contract administration, and grievance and arbitration proceedings.

The firm's extensive litigation experience, drafting skills, and knowledge of all state and federal laws affecting employers allows the firm to effectively counsel clients on work force polices and labor contracting.  Clients benefit from the firm's proactive approach as it assists in drafting and implementing human resource policies, work rules, and contracts.  This proactiveness avoids costly disputes before they arise and puts the client in a much better position if litigation or grievances occur.  

Whether the employer/company is self-insured, self administered or has insurance coverage, the Kitch firm attorneys offers the knowledge and expertise to address the ever-changing and often complex defense of workers' disability compensation claims for its clients that do business in Michigan.   The firm protects each client's interests with an integrated approach, which includes intense litigation readiness, education and a depth of attorney experience and knowledge.  The decision to try or settle a claim is always the sole prerogative of the client.  Nevertheless, the plaintiffs' bar recognizes the Kitch Firm as one that is always ready and willing to try cases, which helps to deter marginal cases. 

In addition, with the Kitch attorneys' reputation for being litigators who undergo thoughtful case preparation, it makes any resolution short of full trial a more realistic alternative--when the client chooses to take that route.  The firm developed an extensive roster of experts in the medical, vocational and investigative fields in order to provide the best defense possible.  We make it our business to know our client's business by conducting site inspections and by meeting and interviewing potential witnesses to fully assess and evaluate potential liability.

TRUCKING AND AUTO LIABILITY

The Kitch firm attorneys have represented a variety of commercial carriers in both major personal injury and property damage litigation in various state and federal courts in MI, OH, and IL, working directly for fleet owners, as well as through commercial insurers and third-party administrators.  Whether involving the impact of newer Hours of Service regulations, or changing Transportation Safety Administration requirements, we work hard to keep current on the continuously evolving trends, laws and regulations that affect carrier operations and litigation exposures.  Increasing focus through long term involvement with the Trucking Industry Defense Association and the Transportation Lawyers Association and other industry groups, the firm has created rapid response teams, including accident scene investigators and criminal defense counsel, so that insurers, carriers and their drivers can get information and advice when needed, where needed at any time, which could help significantly mitigate liability and financial exposure when the case is litigated.

The specialized nature of these claims, and the high exposures created, require litigation defense counsel that are well versed in the arena.  With extensive medical and technical litigation experience, as well as interstate offices in Detroit, Chicago and Toledo, we are both professionally and geographically positioned to respond to that need. 

CONSTRUCTION

With recognized expertise in construction contracting and litigation, the Kitch Firm can assist in drafting and enforcing contracts as well as investigating and resolving claims and payment disputes.  The goal of contract drafting is dispute avoidance, and we exercise great care in compiling contract documents that accurately reflect the roles and expectations of the parties. We also actively participate in dispute resolution processes to reach the most economical conclusion.  Whether the forum is litigation, arbitration or another form of Alternative Dispute Resolution, lawyers from the Kitch firm have participated as advocates, mediators and decision makers on construction matters of all sizes from small, commercial developments to large, multi-phase projects in higher education, power generation and health care.  Whether the client participates in the construction process as an owner, contractor or vendor, the Kitch firm has the ability to provide guidance and counsel.

INSURANCE AND RISK MANAGEMENT

The Kitch Firm has long been recognized by insurers, insurance agents and large insurance purchasers for its ability to capably meet all these criteria and more.  From the first inkling of a coverage dispute, through the reservation of rights letter, non-waiver agreements, and coverage denial letter stage, and into the litigation or arbitration of direct and declaratory actions, the firm provides enthusiasm, creativity, initiative, and positive direction to what many other lawyers dismiss as an area of the law that is just too boring and complicated to give their attention.