"It may be Legal,
                    but is it Right?"

A client asked David to provide guidance on a plan involving services to competing reseller channels. At issue was the desire to provide greater service to some channels and reduce or eliminate service to other channels. Because the service issue was not governed by anti-trust law, and the contract was silent, the client could have carried out the plan. However, after providing insight into the potential for damage to long term relationships, both past and future, it became clear to the client that a short term gain would result in a long term loss.

It may have been legal to differentiate the services, but it was not right for the business.

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Practice Areas

> Commercial Transactions

David Calkins represents entrepreneurs and executives in business transactions of all sizes. He strives to provide high quality legal representation in a cost-effective, timely manner. His Commercial practice includes:

  • Sales contracts
  • Corporate agreements
  • Reseller and distributor contracts
  • Anti-trust compliance
  • Software licenses
  • Sales distribution strategies
  • Collaborative Law
  • Mediation
> Business Counsel

David Calkins counsels entrepreneurs, executives, and management teams on business issues relating to Sales support, Marketing programs, Marketing communications, Sales distribution strategies, back-office processes, and issues relating to conflict. He strives to provide high quality legal and business counsel in a cost-effective, timely manner. His Business Counsel practice includes:

  • Process reviews
  • Strategy formation and review
  • Web-based contracting
  • Negotiations
  • Grey Market Investigations and Curtailment
  • Business Operations
  • Marketing Communications, Policy Development, Process Implementation
  • Conflict identification, avoidance, management, and resolution
  • Workplace Reconciliation
  • Collaborative Law
  • Mediation
> Mediation

David Calkins has been trained and has experience mediating various civil disputes. He holds the necessary certificate for Texas court ordered mediation. David is available for half day and full day mediations as well as evenings and Saturdays. Sessions may be held at your site or arrangements may be made for a location near the parties.

David brings a wealth of business knowledge to the sessions in addition to legal training to help facilitate a meaningful resolution and settlement. He is known for being able to get to the crux of the issues, creative problem solving, and interest based rather than positional conflict resolution.
> Collaborative Law

David Calkins has been trained as a commercial/civil Collaborative Law attorney. Rather than setting out on a litigation path to the courthouse, David guides his clients through the collaborative process. Through a series of meetings between the parties and the attorneys, an agreement may be structured which maintains confidentiality, minimizes discovery expenses, and often results in preserved relationships.

David is available to present the benefits of Collaborative Law to business groups as an educational service to the community.




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