In the Courtroom and the Boardroom

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.

Demystifying Discovery: What do you give and get in litigation to prove your case?

Episode Summary:In this episode of In the Courtroom and the Boardroom, Texas business attorney Colleen McKnight breaks down one of the most critical—and often misunderstood—phases of litigation: discovery. She explains what discovery is, why it matters, and how businesses can prepare for its challenges. From document requests and depositions to interrogatories and inspections, Colleen outlines the discovery tools that shape the outcome of cases. She also discusses common tactics used during discovery, the potential costs involved, and strategies for protecting businesses when facing overwhelming demands.
Key Timestamps:
1:35 – What discovery is and why it exists in the U.S. legal system4:28 – The five main categories of discovery tools attorneys use11:20 – Limits on discovery requests and what judges consider relevant14:45 – How long discovery takes and why it is the “beefiest” part of litigation17:30 – The role of technology and AI in modern discovery18:45 – How discovery impacts settlement decisions and trial outcomes
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.

What to Do If Your Business Gets Sued

Episode Summary:In this episode of In the Courtroom and the Boardroom, trial attorney Colleen McKnight breaks down the essential steps business owners should take when served with a lawsuit. With a focus on clarity and control, Colleen shares her professional guidance on how to respond calmly, meet critical deadlines, protect evidence, and avoid costly mistakes. She also addresses when to involve your insurance provider, how to handle the plaintiff directly (if at all), and why public statements—even on social media—can sabotage your defense. This is a must-listen for any business owner who wants to stay ahead of legal threats with smart strategy instead of panic.
Key Timestamps:
00:00 – Intro: Facing a lawsuit – the first 30 days matter01:00 – What to do immediately after being served with a lawsuit03:00 – Deadline to file an answer and how courts handle missed deadlines05:30 – Why you must preserve evidence and issue a litigation hold08:30 – Consequences of deleting data or wiping footage11:00 – Real case examples of spoliation and how it backfires13:00 – Should you contact the party suing you?15:00 – When to notify your insurance company (and when not to)18:00 – Downsides of letting your insurance company assign defense counsel20:30 – Common early mistakes business owners make22:00 – Why you should avoid social media and public statements24:00 – Final tips: Act quickly, stay calm, and get legal strategy early
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.

When to Settle and When to Fight—And Why Being Prepared to Fight Always Pays Off

Episode Summary:
In this episode of "In the Courtroom and the Boardroom," host Kevin Rosenquist and trial attorney Colleen McKnight discuss the strategic decisions behind settling versus fighting cases in court. McKnight shares valuable insights on case resolution methods, warning signs in negotiations, and how trial experience shapes settlement strategies.
 
Key Timestamps:
00:28 - Introduction and episode topic
00:31 - Three main ways cases resolve (settlement, dispositive motion, trial)
01:50 - How to evaluate whether to settle or go to trial
04:00 - Warning signs that opposing parties aren't serious about resolution
05:41 - Advantages of settling strong cases
08:32 - How trial experience impacts negotiation strategy
11:14 - Risks of settling too early or too late
13:24 - How strong trial posture affects negotiations
17:29 - Addressing the misconception that settling equals losing
 
About the Show:
"In the Courtroom and the Boardroom: Business Law and Litigation with Colleen McKnight" features experienced trial attorney Colleen McKnight sharing practical insights on business law and litigation strategy. The show provides valuable information for business owners and professionals navigating legal challenges.

Low-Hanging Fruit to Protect Your Business—Practical Safeguards Every Company Should Have

Episode Summary:
In this episode of "In the Courtroom and the Boardroom," host Kevin Rosenquist and trial attorney Colleen McKnight discuss essential legal safeguards that every business should implement. They cover crucial topics including proper business organization, contract requirements, and the importance of having legal counsel readily available.
 
Key Timestamps:
00:01 - Show Introduction
00:32 - Three essential legal moves for businesses
01:12 - Discussion on business liability shields and incorporation
02:41 - Importance of written contracts in business relationships
05:52 - Choosing the right business entity (LLC vs. Corporation)
09:53 - Internal policies and trade secret protection
12:19 - Employee handbook essentials
14:20 - Cyber insurance importance and considerations
17:35 - Quick checklist for business protection
 
About the Show:
"In the Courtroom and the Boardroom: Business Law and Litigation with Colleen McKnight" is a podcast featuring insights from trial attorney and McKnight Law founder Colleen McKnight. The show provides practical legal guidance for business owners and entrepreneurs, helping them navigate common legal challenges and protect their enterprises.