A dispute with a counterparty in a commercial or business relationship can have significant adverse consequences, including operational disruptions and financial losses. Disputes can escalate into business litigation, which involves complex legal issues and procedures, making it critical to have an attorney in your corner to pursue a positive outcome in your matter.
When you have a serious business dispute, hiring seasoned legal counsel can help you protect your financial and legal interests. Contact Parker Shaffie LLP for an initial case evaluation with a business litigation attorney to discuss your options for seeking a favorable resolution to your legal dispute.
Business litigation occurs when parties in a commercial relationship have a dispute over some aspect of that relationship. Business litigation can arise in the context of a partnership, a vendor-client relationship, or between competitors. Common types of business litigation that we service include:
Issues that frequently arise in the context of business litigation include:
The first step in the business litigation process is an initial case evaluation and investigation. This gives our attorneys the opportunity to gather documents, evidence, and other information in order to assess potential claims and defenses. Understanding the relevant facts and pertinent law allows our clients to make realistic business decisions related to active or potential litigation.
Most business litigation starts with a demand letter, which is designed to put the other party on notice and generally invites a discussion with the goal of a negotiated settlement without the costs and risks of litigation. However, initial settlement talks may fail to produce a settlement, requiring the parties to pursue litigation in court.
The parties may be required or may agree to participate in Alternative Dispute Resolution, bringing in a neutral third party to help the settlement process move forward. Litigation involves bringing a dispute to the courts, and is commenced with a complaint. This begins the pleading phase, in which the parties tell the court and each other the legal basis for their claims and defenses. The parties may attack the pleadings, such as by demurrer, motion to strike, or motion to quash.
After the pleadings stage, the parties proceed to discovery, exchanging evidence and deposing witnesses. Discovery seeks to put all the parties’ evidence on the table to identify uncontested facts and narrow down issues for trial. Discovery in business litigation can become complex and time-consuming, depending on the amount of evidence and the number of witnesses involved. Parties may also dispute the proper scope of discovery or the adequacy of discovery responses.
During discovery, parties may also file various pre-trial motions, including evidentiary motions to determine what evidence and witnesses the parties may present at trial, or motions for summary judgment that argue that the uncontested facts entitle the moving party to judgment as a matter of law.
Should the parties fail to settle the case or resolve the litigation through pre-trial motions, a business dispute will eventually reach trial, where the parties present their evidence, witnesses, and arguments to a jury (or a judge in a bench trial) to decide the parties’ dispute.
A party that loses in business litigation or wishes to challenge some aspect of the outcome of a lawsuit may file an appeal to challenge the trial court’s rulings or judgment.
Parties in commercial disputes frequently pursue alternative dispute resolution to resolve their issues rather than filing lawsuits in court. Alternative dispute resolution methods can include mediation, a formalized type of settlement negotiations supervised by a neutral third party called a mediator who helps the parties understand the strengths and weaknesses of their respective cases and suggests potential solutions for a settlement, and arbitration, an informal, trial-like proceeding where parties present their cases to a neutral arbitrator or arbitration panel to decide the dispute.
Many business agreements include alternative dispute resolution clauses that require the parties to pursue mediation or submit their claims to arbitration, rather than traditional court litigation. Advantages of alternative dispute resolution over traditional court litigation include:
A business litigation attorney from Parker Shaffie LLP can help you pursue a favorable resolution to a commercial dispute by:
When you have a business litigation matter, your choice of legal counsel can make a difference in the outcome of your case. Let a litigation attorney from Parker Shaffie LLP guide you or your company through a lawsuit or legal dispute because:
After a dispute arises in a business relationship, get experienced legal counsel to help you pursue your legal options. Contact Parker Shaffie LLP today for a confidential consultation with a litigation attorney to discuss how our firm can help you navigate a business dispute and seek a fair and favorable outcome to your case.
