In the Courtroom and the Boardroom

When Business Disputes Reach Trial: What Executives Should Expect in the Courtroom

Episode Summary:
In this courtroom-focused episode, Colleen McKnight guides executives through trial realities—from narrative crafting and jury deselection to expert rebuttals and bench vs. jury dynamics. The discussion covers testimony strategy, unexpected challenges, and the endurance required for high-stakes commercial litigation.
Key Timestamps:
00:01 - Show Introduction  
00:30 - Guest Introduction  
00:50 - Pre-Trial to Trial Shift  
02:00 - Settlement vs. Trial Prep  
04:00 - Executive Testimony Expectations  
05:30 - Expert Witnesses Role  
08:00 - Voir Dire / Jury Deselection  
10:30 - Bench vs. Jury Trials  
13:00 - Handling Trial Surprises  
15:30 - Timing, Cost, Endurance  
17:00 - Closing Remarks  
About the Show:
"In the Courtroom and the Boardroom: Business Law and Litigation with Colleen McKnight" is a podcast that equips leaders with strategic insights on disputes, governance, and risk management. Colleen McKnight delivers trial-tested guidance to protect enterprises and resolve conflicts efficiently.

Pre-Suit Strategy: How Demand Letters and Positioning Can Win Without Filing

Episode Summary:
In this tactical episode, Colleen McKnight outlines demand letters, tone calibration, and evidence gathering to resolve conflicts before filing. The discussion covers negotiation triggers, industry-specific risks, and advisor roles to balance prevention with litigation readiness.
Key Timestamps:
00:01 - Show Introduction
00:30 - Guest Introduction
00:50 - Demand Letter Defined
02:30 - Goals and Tone
04:00 - DIY Demand Risks
05:30 - Additional Pre-Suit Tools
08:00 - Negotiation vs. Litigation Switch
10:30 - Unintended Consequences
13:00 - Industry Awareness
14:30 - Balancing Prevention & Prep
16:00 - Closing Remarks
About the Show:
"In the Courtroom and the Boardroom: Business Law and Litigation with Colleen McKnight" is a podcast that equips leaders with strategic insights on disputes, governance, and risk management. Colleen McKnight delivers trial-tested guidance to protect enterprises and resolve conflicts efficiently.

Vendor and Customer Disputes: Protecting Your Business Relationships

Episode Summary:
In this essential episode, Colleen McKnight examines frequent triggers for vendor and customer litigation—payment delays, delivery failures, and conflicting terms. The discussion covers contract clarity, early warning signs, court resolutions, alternative dispute options, and preventive communication strategies.
Key Timestamps:
00:01 - Show Introduction
00:30 - Guest Introduction
00:50 - Common Dispute Types
02:00 - Contract Importance
04:00 - Battle of the Forms
05:30 - Early Litigation Indicators
07:30 - Executive Communication
09:00 - Court Resolution Process
11:00 - Pursuing Damages vs. Relationships
13:00 - Arbitration and Mediation
15:00 - Common DIY Mistakes
16:30 - Prevention Strategies
18:00 - Closing Remarks
About the Show:
"In the Courtroom and the Boardroom: Business Law and Litigation with Colleen McKnight" is a podcast that equips leaders with strategic insights on disputes, governance, and risk management. Colleen McKnight delivers trial-tested guidance to protect enterprises and resolve conflicts efficiently.

Fraud and Fiduciary Duty Claims: When Trust Turns into Litigation

Episode Summary:
In this critical episode, Colleen McKnight breaks down the elements of fraud and breaches of fiduciary duty in business settings. The discussion covers self-dealing red flags, the business judgment rule, remedies like punitive damages, and proactive steps to safeguard companies from internal misconduct.
Key Timestamps:
00:01 - Show Introduction
00:30 - Guest Introduction
00:50 - Defining Fraud in Business
02:00 - Fiduciary Duties Explained
04:00 - Red Flags for Misconduct
06:00 - Business Judgment Rule Origin
08:00 - Immediate Protective Actions
10:00 - Honest Mistake vs. Breach
12:30 - Legal Remedies and Damages
15:00 - Civil vs. Criminal Overlap
17:00 - Minimizing Litigation Risk
19:00 - Closing Remarks
About the Show:
"In the Courtroom and the Boardroom: Business Law and Litigation with Colleen McKnight" is a podcast that equips leaders with strategic insights on disputes, governance, and risk management. Colleen McKnight delivers trial-tested guidance to protect enterprises and resolve conflicts efficiently.

Suing a Former Insider: When the Threat Comes from Within

Episode Summary
What happens when the biggest threat to your business doesn’t come from the outside, but from someone who once had access to everything inside? In this episode of In the Courtroom and the Boardroom, Colleen McKnight explains the legal and strategic challenges of suing a former insider. From fiduciary duties to reputational risks, Colleen breaks down what business leaders need to know when a trusted partner, executive, or employee turns into an adversary.
What You Will Learn in This Episode
Why litigation against former insiders is different from third-party disputes
How fiduciary duties and insider access shape these cases
The most common issues: financial self-dealing, trade secret theft, and reputational harm
Why speed is critical when dealing with insider threats
The role of contracts, NDAs, and non-competes as leverage multipliers
Practical steps businesses should take immediately after discovering a breach
Common mistakes companies make when handling disputes informally
How to stay strategic when emotions and betrayal are involved
Preventative measures to reduce the risk of insider disputes
Key Timestamps
00:02:00 – Why insider disputes are different from outside lawsuits00:04:30 – Common fact patterns: financial misuse, trade secrets, and reputational harm00:05:00 – Speed is oxygen: why quick legal action matters00:08:30 – Using pleadings and PR strategy to protect the business00:10:00 – The leverage power of contracts, NDAs, and non-competes00:12:00 – Immediate steps: preserving evidence and locking down devices00:15:00 – Helping clients stay focused when emotions run high00:17:00 – Costly mistakes businesses make without legal guidance00:18:30 – Case example: employee walks out with W-2s and swift TRO action00:20:00 – Preventing insider threats before they happen
About the Show:
In the Courtroom and the Boardroom with Colleen McKnight helps business owners tackle legal challenges with confidence. As a seasoned trial lawyer and founder of McKnight Law PLLC, Colleen provides practical, plain-English guidance on how to navigate disputes, mitigate risk, and stay focused on growth—even in the face of litigation.
For more insights, visit mcknightlaw.us.

The Real Cost of Litigation: How to Budget for a Legal Fight

Episode Summary
Litigation is expensive, unpredictable, and often overwhelming for business leaders. In this episode of In the Courtroom and the Boardroom, Colleen McKnight breaks down the hidden and underestimated costs of litigation, explains why budgeting for a legal fight is so difficult, and shares strategies for making informed financial decisions. She highlights the key cost drivers, billing structures, and ways clients can work more efficiently with counsel to manage legal spend while protecting their business.
What You Will Learn in This Episode
Why predicting the cost of litigation is so difficult
The biggest cost drivers in commercial disputes
How trial, settlement, and arbitration differ in cost
Billing structures: hourly, flat rate, hybrid, and contingency
Hidden costs that often catch clients off guard
How to work with your lawyer to reduce unnecessary spend
When litigation is worth pursuing—and when to walk away
How business leaders can proactively manage legal budgets
Key Timestamps
02:00 – Why litigation costs are unpredictable and difficult to estimate04:30 – The biggest cost drivers: pleadings, TROs, discovery, and delays07:00 – How experts and depositions dramatically increase costs09:30 – The financial realities of going to trial11:00 – Alternative billing models: flat rate, hybrid, contingency13:30 – Why budgeting requires honest conversations about uncertainty15:00 – Hidden costs that surprise clients during litigation17:00 – How clients can work efficiently with lawyers to cut costs19:00 – When to fight, when to settle, and when to walk away
About the Show:
In the Courtroom and the Boardroom with Colleen McKnight helps business owners tackle legal challenges with confidence. As a seasoned trial lawyer and founder of McKnight Law PLLC, Colleen provides practical, plain-English guidance on how to navigate disputes, mitigate risk, and stay focused on growth—even in the face of litigation.
For more insights and resources, visit mcknightlaw.us.

Business Divorce: Breaking Up with a Partner Without Burning Down the Business

Episode Summary
What happens when business partners can no longer work together? In this episode of In the Courtroom and the Boardroom, Colleen McKnight explores the reality of “business divorce”—the legal and emotional challenges of breaking up with a co-founder while protecting the company. She shares key warning signs to look for, the importance of strong contracts, and practical strategies for navigating disputes before they destroy the business.
What You Will Learn in This Episode
The early warning signs of a failing business partnership
Why business disputes can feel like personal divorces
The critical role of contracts and buy-sell agreements
How to plan for exits before conflicts arise
Options for resolving disputes without costly litigation
How emotions and psychology influence negotiations
Why communication and documentation are essential for long-term success
Key Timestamps
02:00 – Early warning signs that partnerships are breaking down05:00 – Why disputes with business partners are different from other litigation07:30 – The role of contracts and buy-sell agreements in planning exits10:00 – Mediation vs. litigation: finding practical solutions13:30 – Using psychology and strategy in high-conflict negotiations15:00 – How disputes affect employees, vendors, and consultants17:30 – Advice for founders still in the “honeymoon phase”
About the Show:
In the Courtroom and the Boardroom with Colleen McKnight helps business owners tackle legal challenges with confidence. As a seasoned trial lawyer and founder of McKnight Law PLLC, Colleen provides practical, plain-English guidance on how to navigate disputes, mitigate risk, and stay focused on growth—even in the face of litigation.
For more insights and legal resources, visit mcknightlaw.us.

Temporary Relief, what are TROs, TIs, and PIs?

Episode SummaryWhen business emergencies strike, waiting for trial isn’t always an option. In this episode, Colleen McKnight breaks down temporary restraining orders (TROs), temporary injunctions (TIs), and preliminary injunctions (PIs). She explains when courts grant these extraordinary remedies, what evidence is required, and how businesses can prepare before a crisis ever arises.
What You Will Learn in This Episode
The difference between a TRO, TI, and PI
Why temporary relief is considered “extraordinary” by courts
Real-world examples where emergency relief may apply
The four key factors courts weigh in injunction hearings
Common pitfalls businesses face when seeking TROs and TIs
The role of notice, service, and bonding requirements
How businesses can proactively position themselves before disputes escalate
Key Timestamps
00:01:30 – What TROs and TIs are and when they apply00:03:15 – The oak tree example: why money can’t always fix harm00:05:00 – From TROs to temporary injunctions: how the process works00:07:20 – The four factors courts evaluate in injunction cases00:10:15 – Real-world examples: trade secrets, false advertising, religious liberty00:13:40 – Strategic considerations: notice, expedited discovery, and fairness00:15:00 – Service issues, bonding requirements, and common mistakes00:17:30 – Proactive steps businesses can take to prepare for emergencies
About the Show:
In the Courtroom and the Boardroom with Colleen McKnight helps business owners tackle legal challenges with confidence. As a seasoned trial lawyer and founder of McKnight Law PLLC, Colleen provides practical, plain-English guidance on how to navigate disputes, mitigate risk, and stay focused on growth—even in the face of litigation.

Arbitration vs. Court: What’s Best for Your Business Dispute?

Episode Summary
In this episode of In the Courtroom and the Boardroom, attorney Colleen McKnight, founder of McKnight Law, unpacks one of the most important questions business owners face when drafting contracts: Should disputes be resolved in court or through arbitration?
Colleen explains the key differences between these two approaches, including privacy, cost, flexibility, and the potential risks of waiving the right to a jury trial. She highlights common misconceptions about arbitration—such as the belief that it is always faster and cheaper—and shares why small businesses may often be better off in court.
From the pros and cons of arbitration clauses to the real-world consequences of limiting public trials, Colleen offers practical insights to help business owners make smarter, more strategic decisions when negotiating contracts.
Key Timestamps
00:00 – Introduction: Colleen McKnight sets the stage for the discussion on arbitration vs. court.01:30 – What is arbitration?: Understanding how private arbitration differs from the court system.03:15 – Why businesses include arbitration clauses: Common contract provisions and their impact.06:00 – Pros of arbitration: Privacy, flexibility, and selecting your arbitrator.09:00 – Why arbitration may not help small businesses: Costs, delays, and challenges with urgent disputes.11:30 – Misconceptions about arbitration: Speed, expense, and the risk of “splitting the baby.”14:15 – Negotiating arbitration clauses: When you can push back and when you cannot.17:30 – Public trials vs. private arbitration: When companies may benefit from keeping disputes open to the public.19:00 – Final advice: How to weigh arbitration against court and make the best decision for your business.
About the Show:
In the Courtroom and the Boardroom with Colleen McKnight helps business owners tackle legal challenges with confidence. As a seasoned trial lawyer and founder of McKnight Law PLLC, Colleen provides practical, plain-English guidance on how to navigate disputes, mitigate risk, and stay focused on growth—even in the face of litigation.
Learn More:
Visit mcknightlaw.us to connect with Colleen or schedule a consultation.

Trade Secret Theft: How to Spot It and What to Do Next

Episode Summary:In this episode of In the Courtroom and the Boardroom, business attorney Colleen McKnight breaks down the critical issue of trade secret theft—what qualifies as a trade secret, how companies discover theft, and what legal steps to take when confidential information is stolen. Colleen also shares practical strategies business owners can implement to prevent trade secret misappropriation before it escalates into a costly lawsuit.
Whether it’s protecting client lists, proprietary processes, or groundbreaking innovations, Colleen offers insight into how Texas and federal law define trade secrets, how courts determine whether information is legally protected, and the balance between employee mobility and employer rights.
Key Timestamps:
01:45 – What legally counts as a trade secret under Texas and federal law04:10 – Real-world examples of trade secrets: Coca-Cola, KFC, and beyond06:40 – How businesses typically discover trade secrets have been stolen09:25 – Why trade secrets differ from trademarks, patents, and copyrights12:15 – The role of confidentiality agreements and non-competes in protection14:30 – Civil vs. criminal aspects of trade secret theft16:45 – First legal steps to take if trade secrets are suspected stolen18:20 – Colleen’s top advice for preventing trade secret theft in the first place
About the Show:
In the Courtroom and the Boardroom with Colleen McKnight helps business owners tackle legal challenges with confidence. As a seasoned trial lawyer and founder of McKnight Law PLLC, Colleen provides practical, plain-English guidance on how to navigate disputes, mitigate risk, and stay focused on growth—even in the face of litigation.
Learn More:
Visit mcknightlaw.us to connect with Colleen or schedule a consultation.