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HealthSouth Surgery Center Litigation
In December 2003, Dan commenced litigation against Health South Surgery Centers-West, Inc. and its subsidiaries, exposing the company’s extensive mismanagement and misconduct of its surgery centers.
Efficiently Moving a Business Dispute from Problem to Resolution
It may surprise you to learn that more than 95% of business disputes and even lawsuits don’t end in a courtroom. In fact:
“Watkins Firm is able to resolve the vast majority of our business-related disputes through effective, leveraged negotiation.” – Dan Watkins.
“Effective" means strategy informed by Dan’s four decades of experience and thousands of business disputes. “Leverage” is developed through the thorough, well-documented chronology Watkins Firm develops for every matter we handle. Effective, leveraged negotiation is the fastest and most cost-efficient manner in which to resolve any business dispute or lawsuit.
We begin the conversation with a free, substantive consultation led by an experienced Watkins Firm business litigation attorney. The objective is to understand what has happened, identify what is at stake, establish what you (the client) want to accomplish, and develop the most effective strategy for moving the dispute toward resolution.
We work to document the facts, the people and businesses involved, the available evidence, the chronology of events, the financial impact of the dispute, and the practical considerations that may affect the path forward.
We want to help you immediately answer some important questions, like:
What is my legal position, and how strong is it?
What does my contract say, and does it help me or hurt me?
Is the amount at stake worth pursuing, or worth defending, through litigation?
What outcome do I want: payment, performance, a clean exit, or a preserved business relationship?
What leverage do I have, and what leverage does the other side have?
Are there deadlines or notice requirements I could miss?
Can I recover my attorney's fees, or could I end up paying the other side's?
What evidence should I preserve and gather right now?
What should I say, and not say, to the other party while this is unresolved?
What are the realistic best-case and worst-case outcomes?
Most cases begin with the development of a thorough, well-documented chronology. Understanding what happened, when it happened, what can be established by the documents and evidence, and the damages or other consequences associated with the dispute allows our attorneys to evaluate the strengths and weaknesses of the matter and prepare for the opportunities for resolution that may follow.
From there, the Watkins Firm Business Dispute Resolution Pathway provides a framework for moving the matter forward. Each stage presents another opportunity to resolve the dispute while preparing for the next stage if resolution is not possible.
The pathway includes:
Thoroughly Documented Chronology
Effective, Leveraged, Strategic Negotiation
Filing or Responding to (Defending) a Lawsuit
Settlement Conference(s)
Arbitration or Trial
The Strategy Should Serve Your Objectives
Taking a business dispute all the way through trial can take months or even years and can be the most expensive path to resolution. Sometimes, however, the facts, the stakes, the position of the other party, or the objectives of the client make litigation and trial the appropriate strategy.
At the Watkins Firm, the strategy is driven by what you are trying to accomplish. At each stage of the Business Dispute Resolution Pathway, we evaluate the opportunities for resolution, the risks and potential rewards of moving forward, and the anticipated investment of time and legal expense.
We forecast expenses and develop budgets to help our clients understand and manage the potential cost of the dispute.
Preparation Creates Leverage at Every Stage
Effective negotiation, mediation, arbitration and trial preparation all depend upon understanding what happened and being able to prove it.
Our attorneys work to preserve relevant evidence, identify and interview witnesses, organize important communications and documents, establish the chronology of events, and identify and document the damages and other consequences resulting from the dispute.
This preparation is not something we wait to begin when a case approaches trial.
It helps us evaluate the case, identify strengths and weaknesses, develop leverage for negotiation, prepare effective demand letters and responses, and make informed recommendations about whether to resolve the matter or move to the next stage.
Our approach to managing a case through litigation is designed to maintain that preparation and strategic focus as the dispute progresses.
Efficiently Managing the Information Behind the Dispute
Business litigation can involve substantial volumes of contracts, correspondence, financial records, emails, text messages, photographs, reports, discovery and other evidence. Organizing and managing that information efficiently is an important part of controlling both the case and its cost.
The Watkins Firm uses technology and document-management systems to organize case information, prepare for litigation, manage document production and discovery, and efficiently communicate with our clients. Our clients also have online access to their case files.
The Six Steps to Resolving a Dispute: The Watkins Firm Business Dispute Resolution Pathway
Effective, Leveraged, Strategic Negotiation.
The fastest and least expensive way to resolve any business or legal dispute is effective, leveraged, strategic negotiation. Our attorneys work to develop a productive working environment while we negotiate a solution that meets our client’s objectives. If you have been the victim of a breach of contract, it is necessary to take prompt and prudent action to mitigate your losses and reduce the damages associated with the breach.
The key to an effective negotiation is leverage. Our lawyers work to efficiently and thoroughly document the chronology of events, including all relevant facts, costs, and a mastery of available damages as well as lost opportunity costs. A demand letter from a law firm and the presence of the Watkins Firm shows the other party that you are serious about resolving the dispute, and are prepared to do what is necessary to achieve the outcome you desire.
It may surprise you to learn that the Watkins Firm is able to resolve the vast majority of our business dispute cases through our effective, leveraged negotiation strategies. This is the fastest, least expensive, and most effective strategy for most clients.
File or Defend a Lawsuit
If effective, leveraged, strategic negotiation does not resolve the dispute, one party will usually file a lawsuit.
The Watkins Firm is prepared to file or defend any lawsuit, while continuing to work toward resolution of the dispute at hand. Negotiations continue even after the lawsuit is filed.
Court Ordered Settlement Conference
After a lawsuit is filed, our Courts require a Settlement Conference. This is led by the Judge in our case, a Judge pro tempore, a retired Judge, or an experienced and neutral 3rd party.
Settlement offers are exchanged, and the Judge works to help clarify the positions of each party and work to resolve the dispute at hand.
If the Settlement Conference resolves the matter, a settlement agreement is executed detailing the specifics of the settlement itself. If the parties are unable to reach a settlement, the next option is usually private mediation.
Private Mediation.
The next step in the Business Dispute Resolution Pathway is often Private Mediation.
In Private Mediation, an agreed upon expert and neutral third party works with each side to find common ground and resolve part or all of the dispute. The private mediator is not the judge, and the parties are not bound to abide by his or her recommendations.
Private Mediation is exactly what it sounds like – Private, confidential, and out of the public record. “What happens in mediation, stays in mediation.”
The mediator may share past cases, their own experience and other strategies to help the parties to work toward a solution. A successful mediation can help to bring the dispute to a successful conclusion while keeping a control on costs and contingent liabilities.
The goal of Private Mediation is a full resolution of the matter and a settlement agreement. Private Mediation may also resolve part of the issues at hand, but there may be remaining matters that require another step in the process.
It is important to note that many matters that do not resolve during the mediation itself, reach resolution and settlement in the coming weeks or few months.
Arbitration.
Arbitration is often required by business and professional services contracts. Arbitration is a structured legal environment, but the rules of evidence are different than in California courts.
In an arbitration, the parties agree upon a neutral arbitrator who has extensive expertise and experience in similar matters. The arbitrator often begins with a meeting to build common ground and seek a negotiated settlement.
The arbitrator then structures a streamlined process specifically to hear testimony, marshal evidence, and ultimately issue a ruling.
After a period of time to reflect on all the information gathered, the arbitrator issues an “award” or decision based upon what is fair and just in the context of their experience with like matters. The finding of the arbitrator is not appealable unless there has been fraud or corruption on the part of the arbitrator.
Trial.
The sixth and final option to resolve your business or legal dispute is to pursue Trial in a Court of Law. We prepare each and every case as though it will go through a trial. This preparation helps us to be more successful at each step along the way, and ensures that the case continues to move forward while we attempt to find a faster and less expensive resolution for our clients.
We have a successful track record that spans decades of litigation and trial work in the San Diego region and Southern California Courts. We have earned our reputation by aggressive pursuing every opportunity to protect our clients’ interests. Being aggressive does not mean dragging cases out to earn greater fees; it means taking smart, assertive steps focused on successful case conclusion.
Every Step Involves Decisions About Time, Control and Cost
Moving a business dispute toward resolution requires more than determining who is legally right or wrong. At each stage of the Watkins Firm Business Dispute Resolution Pathway, we help our clients evaluate three practical considerations: time, control and cost.
Time
How quickly do you need the dispute resolved? In some matters, reaching an acceptable resolution and returning your attention to the business is more important than continuing to pursue every available claim or remedy. In others, the amount at stake, the principles involved, the conduct of the other party, or the client's objectives may justify a longer process.
We continually evaluate whether the additional time required to move to the next stage is justified by what may be accomplished there.
Control
The parties generally have the greatest control over the outcome while they are negotiating directly with one another. As a dispute progresses into mediation, arbitration or litigation, some of that control shifts to a mediator, arbitrator, judge or ultimately a jury.
That does not necessarily make moving forward the wrong decision. Sometimes the authority of a court or arbitrator—and the procedures available through the litigation process—are precisely what is needed to move a dispute toward resolution.
The important question is whether giving up some control over the process creates an opportunity to accomplish an objective that cannot reasonably be achieved otherwise.
Cost
The cost of resolving a business dispute generally increases as the matter requires more attorney time, discovery, expert analysis, motion practice, arbitration or preparation for trial.
That is why cost containment is part of the strategy rather than simply an accounting issue. We want our clients to understand the anticipated investment required to move forward and what that investment may accomplish.
The Decision to Move Forward Belongs to the Client
The Watkins Firm's responsibility is to provide the information, legal analysis, experience and strategic judgment our clients need to make informed decisions at each stage of a dispute.
The client's objectives remain the standard against which those decisions are measured.
Sometimes the appropriate decision is to resolve the matter. Sometimes it is to proceed to the next stage. And sometimes the facts and objectives require preparing the case all the way through trial.
That is why we continually return to the same questions:
What are we trying to accomplish? What will the next step require? What can it realistically achieve? And is it worth it?
Listen to our Recent Sound Business Insights Podcasts:
Episode 11: Resolving Business Disputes
Episode 12: Resolving Business Disputes Part 2
Business Dispute Services
When a business dispute threatens to reduce your bottom line, affect your business’s reputation or even cause business dissolution, we can help you find better solutions. Led by veteran trial lawyer Daniel Watkins, our business dispute team provides guidance and representation for businesses facing any form of business dispute, including:
- Business Litigation
- Employer Defense
- Private Attorneys General Act or PAGA Actions
- Shareholder disputes
- Contract disputes, including breach of contract
- Unfair competition and unfair business practices
- Derivative lawsuits
- Breach of fiduciary duty claims
In many cases, a costly and public court battle is not the right option. We often recommend alternative dispute resolution options to our business clients, including business arbitration, early neutral evaluation and mediation. Business law isn’t simply about legal issues, its about providing advice that is best for your business.
Why Choose Daniel Watkins and the Watkins Firm?
Experience Matters When the Dispute Matters.
Daniel Watkins has practiced law in San Diego since 1987. He attended the University of San Diego School of Law, worked at respected San Diego firms, and founded his own business law firm more than 30 years ago.
For Dan, San Diego is more than the market in which he practices. It is his community. He and his team have built lasting relationships with clients, many of whom have been with the firm since its beginning.
Over the course of his career, Dan has helped clients form businesses, protect and defend them, navigate difficult disputes, and later sell or merge those same companies.
Daniel Watkins
Founding Partner, Watkins Firm
Business Experience
A Business Attorney Who Understands the Businesses He Represents
Dan’s experience spans healthcare and medical practices, high technology and science, construction, hospitality, real estate, manufacturing, employment, and other commercial industries.
Each type of business has its own operational realities, legal requirements, regulatory obligations, and financial concerns.
Working with companies across these industries has given Dan insight into how businesses operate, how transactions are structured, how financial losses occur, and how commercial disputes actually develop.
That breadth becomes especially important when a dispute involves complicated records, conflicting explanations, specialized industry practices, or substantial financial exposure.
Litigation and Trial Experience
A Trusted Litigation Strategist and True Trial Attorney
Dan is a trusted litigation strategist and true trial attorney with over 50 jury and bench trials to his credit. Dan has successfully represented both large companies and individual litigants and achieved substantial victories in well-publicized trials throughout California and the U.S.
Dan doesn’t believe in needlessly aggressive litigation however he also doesn’t believe there is a case that can’t be won. There is always a way.
He has won numerous cases experts said couldn’t be won. Dan and his team pride themself in looking at cases differently than most attorneys. Clients value Dan’s ability to listen carefully, understand complex challenges, and develop practical, effective solutions to difficult legal problems.
His litigation experience includes Healthcare Compliance, Commercial Litigation, Unfair Business Practices, Fraud, Breach of Contract, Battery, Premises Liability, Product Defect, Medical Malpractice, Discrimination, Sexual Harassment, Construction Defect, Unfair Competition, Defamation, and Trade Secrets.
Dan has also spent nearly four decades working with, for, and against some of the largest insurance companies in the country.
Demonstrated Experience
Significant Litigation and Investigative Work
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Municipal and Corporate Investigations
Dan has also been asked by some of California’s largest municipalities and corporations to conduct legally required investigations into matters involving alleged employment discrimination and harassment.
The Firm Dan Built
More Than Three Decades of Solutions-Based Representation
When Dan founded the Watkins Firm, he began building a team of attorneys and staff who could learn from one another and share a commitment to the clients they serve.
Over more than three decades, the firm has become a long-standing San Diego business law institution.
Dan and his team believe they have a responsibility to continue the firm’s tradition of solutions-based representation. They work to understand their clients, care about the businesses and people they represent, and develop practical solutions to difficult legal problems.
Why It Matters
What This Experience Means for Your Business Dispute
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Experienced Judgment Across Decades of Business and Litigation
Dan’s practice since 1987 has involved complex transactions, ownership disputes, fraud allegations, commercial litigation, employment matters, and other consequential business issues.
His experience provides perspective when the facts are complicated, the financial consequences are substantial, or the opposing parties strongly disagree about what occurred.
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Resolution Focused, but Prepared to Litigate
A business dispute should not become prolonged litigation simply because litigation is available.
The Watkins Firm evaluates the evidence, damages, risks, and objectives of the client and pursues opportunities for productive resolution when appropriate.
When negotiation or mediation cannot produce an acceptable result, Dan and his team have the litigation and trial experience necessary to continue pursuing the matter.
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Experience Turning Complicated Facts Into a Coherent Case
Business disputes can involve years of transactions, financial records, contracts, emails, representations, and conflicting explanations.
The firm works to establish the chronology, identify the relevant evidence, understand the damages, and develop a clear explanation of what happened and why it matters.
A case that can be clearly understood is generally in a stronger position to be evaluated, negotiated, mediated, litigated, or tried.
The Ultimate Question
Why Should You Hire the Watkins Firm?
Because the objective is not to make your business dispute larger than it needs to be.
It is to understand what happened, identify what is at stake, evaluate the available options, and develop a strategy designed to protect your interests and accomplish your objectives.
Dan’s decades of business litigation and trial experience have taught him when a dispute may be resolved—and when being prepared to try the case becomes essential to achieving the best available outcome.
Your matter begins with a substantive conversation. We invite you to speak with the Watkins Firm about your situation, your concerns, and what you hope to accomplish.
Reviewed and approved by Daniel Watkins, Founding Partner, Watkins Firm.
Frequently Asked Questions About Resolving Business Disputes and Litigation
Does a business dispute have to result in a lawsuit?
No. Many business disputes can be resolved before a lawsuit is filed. The Watkins Firm begins by understanding the facts, developing a thorough, well-documented chronology, identifying the client's objectives, and evaluating opportunities for effective, leveraged negotiation. Filing a lawsuit becomes one of the available strategies when the circumstances require it.
Why does the Watkins Firm develop a chronology at the beginning of a business dispute?
A thorough, well-documented chronology helps establish what happened, when it happened, who was involved, what the documents and other evidence may establish, and how the dispute has affected the client. It also helps our attorneys identify missing information, evaluate strengths and weaknesses, document damages, and develop the leverage necessary to pursue an effective resolution strategy.
What is leveraged negotiation in a business dispute?
Leveraged negotiation is negotiation supported by preparation, evidence and a clear understanding of the parties' respective legal and practical positions. The objective is not simply to exchange demands. It is to understand what matters to each party, identify the available leverage, and use that information to pursue a resolution that accomplishes the client's objectives without unnecessary litigation expense.
When should a business file a lawsuit?
The decision to file a lawsuit depends upon the circumstances of the dispute and what the client is trying to accomplish. Relevant considerations may include the strength of the legal position, the amount at stake, available evidence, applicable deadlines, the conduct and position of the other party, opportunities for negotiation, the cost of litigation, and whether court intervention is necessary to protect or pursue the client's interests.
Can a business dispute still settle after a lawsuit has been filed?
Yes. Filing a lawsuit does not eliminate opportunities for resolution. Negotiations can continue while litigation is pending, and additional opportunities may arise through settlement conferences and mediation. The Watkins Firm evaluates those opportunities throughout the case while continuing to prepare for the next stage if an acceptable resolution cannot be reached.
What is the difference between mediation and arbitration?
Mediation is a structured negotiation in which a neutral mediator works with the parties to explore whether they can reach a voluntary agreement. The mediator generally does not decide the dispute. In arbitration, the parties present their positions to an arbitrator or panel of arbitrators who ultimately decide the matter, depending upon the governing arbitration agreement and procedures.
How do time, control and cost affect litigation strategy?
Each stage of a business dispute requires decisions about the time required to proceed, the amount of control the parties retain over the outcome, and the cost of taking the next step. The Watkins Firm helps clients evaluate those considerations against what may realistically be accomplished by negotiation, litigation, mediation, arbitration or trial.
How does the Watkins Firm decide whether to settle a business dispute or proceed toward trial?
The decision ultimately belongs to the client. Our responsibility is to provide the legal analysis, information, experience and strategic judgment necessary to make an informed decision. We evaluate the evidence, risks, potential recovery or exposure, anticipated cost and time, available settlement opportunities, and the client's objectives. Sometimes resolution is the appropriate decision. Sometimes the circumstances justify moving forward.
What should I do first if my business is facing a serious dispute?
Preserve the contracts, communications, financial records and other information related to the dispute, and be thoughtful about communications with the other party while the matter remains unresolved. Before deciding whether to make a demand, respond to an accusation, terminate an agreement, file a lawsuit or take another consequential step, it is valuable to contact Watkins Firm for a Free Consultation at (858) 535-1511 to better understand your legal position, available options and the potential consequences of those decisions.
Call 858-535-1511 for a Free Consultation
Begin with a Conversation
Most matters begin with a free, substantive consultation. This is a clear discussion of your current situation, what is known, and what is uncertain. The purpose of that conversation is to understand your position and determine the most effective next step.
That initial consultation is focused, structured, and practical. It is designed to identify risk, clarify options, and determine whether further action is necessary.
If you are starting a business, facing a business challenge, evaluating a situation, or simply need clarity on where you stand, we invite you to a conversation.
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