In the Courtroom and the Boardroom

Episode Summary:

In this episode of In the Courtroom and the Boardroom, host Colleen McKnight, CEO and founding partner of McKnight Law, is joined by digital forensic investigator Ted Swailes. They delve into the critical role of timing in forensic investigations during litigation, especially in cases involving trade secrets and data breaches. Ted emphasizes the importance of engaging forensic experts early to gather concrete evide...

Episode Summary: In this episode of In the Court Room and the Board Room, host Colleen McKnight, founding partner and CEO of McKnight Law, sits down with Ted Swailes, a digital forensics investigator from Swailes and Company. They delve into the mechanics of data misappropriation and the common methods individuals use to extract data from companies, such as USB drives and email. Ted shares insights on how digital forensic experts t...

Episode Summary:  In this episode of In the Courtroom and the Boardroom, host Colleen McKnight welcomes digital forensics expert Ted Swailes to discuss the critical role of digital forensics in business disputes. Ted explains how he assists businesses in collecting and analyzing data, especially when employees leave to join competitors or start their own ventures. He highlights the importance of understanding digital landscape...

Episode Summary:  In this episode of In the Courtroom and the Boardroom, host Colleen McKnight, founder of McKnight Law, welcomes back Lidiya Deane, a business valuation expert, to discuss the intricacies of business valuations during litigation. They explore the critical role of a valuation expert in legal disputes, emphasizing the importance of credibility, well-supported assumptions, and clear communication. Lidiya shares i...

Episode Summary:

In this episode of In the Courtroom and the Boardroom, host Colleen McKnight welcomes Lidiya Deane, Director in the Valuation Advisory Group at Stout, to discuss the intricacies of business valuation in legal contexts. Lidiya explains how valuation shifts from an internal tool to a critical piece of evidence in litigation, emphasizing the importance of a well-documented and credible valuation. The conversation cove...

Episode Summary: In this episode, Colleen McKnight delves into how internal communications such as emails, texts, and messages can become crucial evidence in business litigation. She explains how these communications reveal intent, thought processes, and can significantly impact business disputes. Colleen emphasizes the importance of mindful communication to avoid potential legal pitfalls.

Key Timestamps: 00:00 – Introduction...

Episode Summary:

In this episode, Colleen McKnight sheds light on the critical aspects of litigation holds and evidence preservation for businesses. She explains the concept of litigation holds, the types of evidence to preserve, triggers for evidence preservation, common misjudgments by businesses, and consequences of failing to preserve evidence. Colleen emphasizes the importance of proactive measures and having clear policies in...

Episode Summary: In this episode of *In the Courtroom and the Boardroom: Business Law and Litigation* Colleen McKnight delves into what transforms a business dispute into a lawsuit. From market forces to changing leadership and differing interpretations, Colleen explains the nuances that can lead to breach of contract claims. She emphasizes the transactional nature of breach of contract, highlighting that intent is not a primary co...

Episode Summary:

In this episode, Colleen McKnight delves into the strategic and legal implications of cease-and-desist letters in business. She explains the purpose of these letters, when to send them, and the factors business leaders should consider before taking action. Colleen provides insights on evaluating and responding to these letters, highlighting the risks and benefits involved. Gain valuable advice on navigating legal d...

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  

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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 Dem...

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

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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 - F...

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, ex...

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 ...

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 dispu...

Episode Summary When 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

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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 t...

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 int...