In the course of business transactions, disputes may sometimes arise. While these matters can often be resolved outside of the courtroom through skilled efforts in mediation, arbitration and negotiation, an impasse on how to bring a case to resolution can sometimes require litigation. This may involve a scenario where an individual has a legal dispute with a business or one business has a dispute with another business. In all of these cases, a qualified business lawyer is of the utmost importance to protecting your interests, either as a plaintiff or defendant.
Complex business litigation presents a lengthy process with tight court-imposed deadlines and requirements. It demands a high degree of organization, vision, and stamina. Our attorneys actively explore the potential for alternative dispute resolution through mediation, arbitration, and other means. However, those efforts are undertaken concurrently with detailed pretrial and trial preparation geared to achieve successful adjudication before a judge or jury. You will be represented by experienced litigators prepared to advocate your position to the fullest degree and advance your interests to a successful conclusion.
Corporate Litigation Lawyers
The key to remember is that there are business transactional lawyers and business litigation lawyers and they are not the same thing. The difference between these two types of business lawyers is significant. Business transactional lawyers handle transactions such as negotiating deals and drafting documents such as employment agreements, while business litigation lawyers handle your lawsuits such as when someone sues your company for violating the terms of a contract. Most of the time, a business transactional lawyer will not do business litigation, and vice versa, although there are exceptions.
Most business disputes involve an allegation that one or both parties have not lived up to the obligations of an agreement between them. Our lawyers are skilled in developing the evidence necessary to demonstrating the parties’ intentions in contracting and in fashioning the legal arguments that will best enable our client to enforce its contractual rights. While we are equipped to handle any type of contract dispute, we litigate cases involving the sale of businesses and their assets, construction contracts, insurance disputes, shareholder actions, and disputes between partners or members of limited liability corporations. We litigate cases affected by the Uniform Commercial Code (“U.C.C.”), including contracts involving the sale of goods, security interests and loan transactions, and banking procedures.
New York City Corporate Litigators
When you’re ready to do battle in the courtroom, or at the negotiating table, you need a law firm who can win the case or make the deal in the moment – making the right decisions in the heat of battle is what litigation is all about. Not backing down and yet knowing when which hand to play and which to fold is an art of litigation that not all attorneys have.
Litigation is a very special skill set among lawyers. Litigation isn’t a theoretical or academic exercise; it takes a unique blend of experience, smarts and good old-fashioned hustle. And New York Commercial Litigation is among the toughest types of litigation – so you need the knowledgeable attorneys to achieve your goals.
Breach of Contract Litigation
Breach of Contract is when a service, vendor, representative of any business asset, or others who refuse to keep their end of the agreement or contract break any contract that is drawn up on behalf of the company, then they are in breach. Tortuous Interference is when a separate party tries to interfere in order to prevent a contract from being drawn up by a business and a second party.
Partnership Dispute Litigation
A relationship between business owners is very much like a marriage. And as in marriage, conflicts in the relationship often center on issues of trust, control and money. To carry this analogy one step further — most business owners who experience problems with a business partner are not interested in talking to a divorce lawyer at the first sign of trouble. They are interested in working out their problems.
We understand the complex relationship dynamics involved in ownership conflicts within closely-held companies and business partnerships, and our attorneys have qualified in this area. Our legal team is here to represent owners of professional practices, small manufacturing companies, service companies, retail stores, family businesses and other enterprises. We will fight hard to protect your interest both inside and outside of the courtroom.
If you are involved in a corporate dispute with a partner, shareholder, officer, vendor, competitor or former employee, the choice you make for your legal representation will often determine the outcome of your case.
Fraud – Deceptive Business Practices Litigation
Fraud and Deceptive Practices means that a business may not have been completely honest in representing their service or products, while conducting business.
Breach of Confidentiality Litigation
There can be a misuse of Intellectual Property as well. If a trade secret is revealed to potentially harm a business, this applies. Further if business information is leaked when it is deemed valuable to competitors, this is also a breach of confidentiality, especially if the information given outside the business devalues the company in any way. The Abuse of Trust that can be litigated if someone within the business structure is privy to sensitive information that if leaked, would cause harm to the business value.
Breach of Fiduciary Duty
Under certain circumstances, the law recognizes and requires persons in certain positions to treat others with an elevated duty of loyalty, confidence and trust. Fiduciary obligations often dictate the conduct of parties, such as trustees, corporate directors, commercial joint ventures, investment advisors and retirement plan administrators and sponsors, among others.