A good portion of our litigation practice consists of resolution of sophisticated business disputes. we represent clients in litigation involving public and closely held corporations, partnerships and corporate officers, directors and shareholders. those disputes include counseling, preparation for, and trial of all varieties of commercial claims such as breach of contract, breach of warranty, business dissolutions, shareholder appraisal rights, bankruptcy-related disputes and a variety of business torts. some examples include tortious interference with a contract or business, negligent misrepresentation, fraud in the inducement of a contract, and breach of fiduciary duty. we pursue and defend commercial litigation claims as traditional as the sale of goods under the uniform commercial code and as esoteric as the theft of internet passwords and domain names.
Litigation refers to a case that is determined through the use of the court process, rather than any of the out of court processes. It can be due to high conflict; however, Litigation does not have to mean a “contest”; many parties are still able to resolve their cases without the need for a trial, with the assistance of attorneys who act as dispute resolution consultants or settlement counsel, and who can work cooperatively even in a litigated case to reach settlement by agreement.
Finding attorneys who are not just litigators, but who have learned additional settlement techniques through their training and experience in out of course processes such as Mediation and Collaborative Law that can be applied in a litigated case, can be helpful in finding ways to focus on resolution rather than conflict even if your case is in Litigation.
Commercial litigation involves legal disputes between businesses and/or individual people in matters pertaining to areas such as:
Commercial litigation is very specialized and often complex. Commercial litigation can also cover a wide variety of civil and criminal law matters on both state and federal levels. An experienced attorney can advise you of your legal rights and obligations to help save you money and legal hassles down the road. A qualified attorney can also help by giving you timely advice that can save you from costly litigation.
While each commercial litigation issue varies, in general, commercial litigation follows all the steps involved in a civil lawsuit-getting an attorney, filing motions, engaging in settlement negotiations, trial, and possibly appeal.
A mediation is a cooperative process and uses a neutral third party (a mediator) to facilitate consensus building and discussion in the hopes of coming to an agreeable resolution. Arbitration involves a neutral third party (an arbitrator) and is less formal than a trial. The two parties present their sides and the arbitrator decides who wins or loses.