Commercial Litigation
Founder exits rarely go the way either side expects. What your governance documents should already answer — and what to do if they don't.

·
6
min read


Priya Anand
—
Senior Associate
Commercial litigation, with a focus on shareholder and partnership disputes.
Most contract disputes aren't lost in court. They're lost in the first two days, when people either say too much or wait too long to say anything at all.
Here's what the first 48 hours should actually look like.
Don't respond before you've read everything.
The instinct is to fire back an email the moment a breach becomes obvious. Resist it. Pull the original contract, every amendment, and every piece of correspondence that touches the issue. What you say first sets the tone for everything that follows — and it's hard to walk back.
Document the breach, not your frustration.
Write down dates, missed deliverables, and dollar amounts. Skip the narrative about how the other side has been difficult. A clean factual record is worth more than an angry one.
Don't assume the contract says what you remember.
Reread the actual termination, cure, and dispute-resolution clauses. Many agreements require a formal notice period before either side can act — missing that step can undo an otherwise strong position.
Loop in counsel before you send anything formal.
A demand letter drafted without legal review often gives away leverage it didn't need to. This is the point where a fifteen-minute call can save months.
The first 48 hours won't resolve the dispute. But they usually decide whether it takes six weeks or sixteen months.




