The dichotomy between a litigation and a transactional practice is stark. Simply, transactional counsel needs to adhere to the game of hot potato —
don’t get stuck as the recipient of a
notice when the music stops. Instead,
counsel must assert a preservation
right whenever counsel receives a
notice that asserts contrary rights by
the other party. Then, counsel should
consult with litigation counsel to collaborate on how to best achieve the
client’s goal through a hybrid of
leveraging litigation and negotiating
terms.
Click here to read the full article published in The Suffolk Lawyer.
Click here to read the full article published in The Suffolk Lawyer.