Commercial Litigation

When business disputes arise, the best course of action is to find an amicable resolution. Even a simple disagreement can harm the business. Prolonging the dispute makes the damage worse. Having a good attorney when drafting contracts and company documents can minimize conflicts. Absent that, parties can negotiate or use mediation to achieve a settlement. If that does not work, litigation may be necessary. Our attorneys focus on helping clients find an efficient and cost-effective resolution to disputes to reduce the impact on the business. We evaluate the situation, explain the options to clients, develop a strategy, and advocate for a favorable result whether through negotiation, mediation, or litigation.

Commercial Disputes

Businesses enter into a multitude of relationships to successfully operate their companies, including with vendors, suppliers, employees, landlords, tenants, customers, and others. Even if these relationships are sealed with a well-drafted agreement, contracts can be breached or a party can violate a law causing injury. Experienced legal advice is needed to determine the best way to approach the situation. The contract may have provisions addressing a breach or there may be business considerations that affect what steps should be taken by the client. The goal in any dispute is to resolve the litigation with the least disruptions to the business as possible and avoid further harm that may be done to the business or a party’s financial interests. If litigation cannot be avoided, it should be pursued strategically weighing the costs and benefits.

Securities Litigation

Securities law violations can result in both governmental enforcement actions and private shareholder suits. Companies can reduce their risk of liability by seeking experienced counsel to advise them regarding compliance with securities laws. If a complaint still arises, an attorney can also help ensure that both parties take appropriate steps to settle the dispute or prepare a strong case for litigation.

Breach of Fiduciary Duty

In some relationships, one party (the fiduciary) owes a heightened duty of care to the other party (the principal or beneficiary). This special relationship arises most often in business settings, such as the duty that officers and directors owe to the company and shareholders. A fiduciary relationship arises in estate planning, as with the duty that trustees and executors have to beneficiaries. A fiduciary must put the interests of the beneficiary first or risk being sued for breach of fiduciary duty. A breach of fiduciary duty has serious consequences so skilled legal counsel is essential on both sides.

Partnership Disputes and Business Divorce

When business partners or shareholders in a closely-held business have irreconcilable differences, those differences typically end in either a buy-out or dissolution of the business. The partners or shareholders can negotiate or mediate a settlement and avoid going to court. This negotiated settlement is most likely when parties are proactive and draft company documents (partnership or shareholder agreement, by-laws, or operating agreement) that reduce the risk of disputes and include provisions that address how to handle disputes when they do arise. If litigation becomes necessary, it must be approached strategically to minimize damage to the value of the business to the extent possible.

Tax Litigation

When the Internal Revenue Service or state or local taxing authority claims a taxpayer owes money, the taxpayer may challenge that assessment. The first step is to go through an administrative process. If the administrative remedies do not resolve the issue, a lawsuit can be filed. Throughout this process, an attorney can provide invaluable assistance and advocacy to help reach a positive resolution of the case.

How We Help

We know litigation can be a significant burden on clients. Our view is to identify opportunities to avoid going to court when possible. We work with our clients to define their goals and objectives up front, and then develop a tactical plan to best achieve them. Our attorneys have represented clients on both sides so we understand how to counter our opponent’s position and advocate for our clients in negotiation, mediation, and litigation. We stay true to our firm’s philosophy by staffing leanly and avoiding unnecessary expenses so our clients are better positioned to endure the rigors of a long campaign.

If you are considering a lawsuit or defending against one, contact us to learn how we can help you.