The Firm’s litigation and commercial collection practice spans insurance, contract, property damage tort matters,real estate and complex business and multi-partydisputes for a broad array of businesses, including a victorious constitutional litigation at the 9thCircuit Court of Appeals against the NLRB. We litigate insurance subrogation, intercompany arbitration, public utility loss control recovery, traditional banking institutions’ troubled and workout/distressed assets, and alternative financing such as factoring, ABL and equipment financing. We can even facilitate international collections.
While resolution is always preferable to litigation, once a client has exhausted its negotiation efforts, we are ready to litigate and enforce our clients’ rights and remedies to the fullest extent of the law. In litigation, persistence is paramount, and every case requires individualized attention. We work with each client to reach a solution that the client deems to be the proper balance between cost and potential recovery.
Subrogation is the substitution of one person or group by another with respect to a debt or insurance claim. Subrogation claims arise when an insurer or other person substitutes, or stands in the place of, another person who has suffered a loss. That “subrogating” (substituting) person assumes the rights of the one who suffered the loss and pursues those who are responsible for that loss to recover damages it has either already paid or may be liable to pay for that loss. The subrogating person has all of the rights and remedies of the person whose shoes it is now occupying. Similarly, it also is subject to the same defenses the subrogated party would be subject to.
Subrogation claims can arise from contract or tortious events. They can involve small automobile accidents or major calamitous events. There can be a single or scores of parties. They can be simple or extraordinarily complex. Given the breadth of circumstances, these claims require a special kind of attention.
What good is a judgment if the money is never collected? Persistence means following the case all the way through collection. The power of the Courts does not end with the entry of judgment; tap into that power. The law has extensive provisions beyond bank levies and asset exams to help collect a judgment. Prejudgment right to attach orders can freeze assets for post judgment execution. Remedies such as Charging Orders, Keepers/Till Taps, corporate veil piercing, officer director liability, debtor of debtor e.g. a debtor's customer may be available. Keep digging.
CASH FLOW PROBLEMS?
GET CONTROL OF YOUR A/R FIX THE ROOT CAUSE
Collect your money - There are a myriad of available techniques - use the ones that are best suited for your business, whether in state or across state lines.
Then solve the root cause - employ Receivables Management - the way to control your accounts receivables. It is a standardized process with accountability matrix time lines assigned to qualified professionals which cover the entire lifecycle of accounts, from creation to collection. The mission of our Cash Flow Initiativeis to increase a company’s cash flow, lower its cost of funds, increase its value through a strengthened balance sheet with an improved debt to equity ratio and lower opportunity costs for growth. These goals can be accomplished through a customized cash flow management program designed to sharpen the company’s internal policies and procedures as necessary to reduce A/R days outstanding and by collecting outstanding accounts receivables with a solid collection program applied to current and future bad debt recoveries.
TURNAROUND MANAGEMENT & CRISIS CONTROL
There are four reasons a business fails:
A black swan event or
Crisis can be rooted in growth or one of these challenging circumstances. Whatever the reason, when crisis hits, outside legal and turnaround counsel with fresh perspective is frequently required to assist management to navigate through the tough times. Crisis management requires focus on problem solving and immediate action. The implementation of historically successful turnaround and crisis management techniques must be timely employed.
Mr. Silverman serves on the Board of Directors of the Turnaround Management Association, Rocky Mountain Chapter. He has a wealth of resources, including financing options from which which to tap.
CORPORATE COUNSEL BUSINESS ADVISOR SERVICES
Our corporate counsel and business advisory services simultaneously focus on corporate transactional work such as corporate formation and maintenance and vendor contract management, labor contracts and managing cash flow through the Cash Flow Initiative.
In our role as General Counsel we offer business advisory services extending beyond traditional corporate transactional representation assisting in building enterprise value, ownership’s exit strategy and planning and increasing company valuation for sale.
The CEO Alliance
Mr. Silverman’s unique combination of decades of lawyering and business ownership has provided a wealth of experience and knowledge to share with business owners.He grew his own business from a sole proprietorship into a national enterprise representing the country’s largest financial institutions and insurance companies. Finding practical solutions and weighing risk and reward for a myriad of business issues for clients and his own firm has been at the core of his entire career.
David Silverman is honored to be strategically alligned with The CEO Alliance - a 30+ year old business consulting firm that accelerates a company's competitive advantage by eliminating the source of recurring organizational problems that never seem to go away. Become inspired.