Civil Litigation
Mar. 30, 2011
Proactive Attack Through Declaratory Relief
Seeking declaratory relief can help a company avoid the damage that comes from being sued.
Stephan Mihalovits
A breach of contract accusation can worry any business. For smaller businesses, it can be terrifying. By bringing a preemptive action for declaratory relief, a business can take control of the situation and gain leverage to mitigate the harm.
To illustrate, suppose ABC Corp. sees an opportunity with a commercial partner: XYZ Corp. Both sides express optimism about collaboration. They enter into a written agreement. Both sides act in good faith. But despite best intentions, XYZ a...
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