Commercial Litigation

Disputes involving vendors, customers, or competitors are an unfortunate reality of conducting business. In the event that issues cannot be resolved amicably, commercial litigation may be necessary for a business to enforce its rights. Regardless of which side of a conflict your business is on, it is critically important to have proper legal representation.

Seth Lehrman leads Edwards Pottinger’s commercial litigation team. Our firm has a proven history of achieving successful outcomes in commercial litigation in state and federal courts. We provide offensive and defensive capabilities to clients across the business spectrum and are highly adept at resolving all types of business disputes. When you consult us, you can rest assured that we will work tirelessly to protect your interests.

What is commercial litigation?

Commercial litigation refers to any type of litigation, dispute, or controversy that is related to a business issue. Some examples include:

• Business interruption
• Contract disputes (breach of contract)
• Tortious interference
• Commercial debt collections
• Shareholder/partnership disputes
• Intellectual property disputes
• Deceptive trade practices
• Nondisclosure/non-compete agreements

While commercial litigation typically arises in the context of contract law, a business can also be harmed if another party (e.g. a counterparty to a contract, a vendor, a competitor, or a client) engages or participates in, or has knowledge of, unethical or unlawful conduct.

The Commercial Litigation Process

Commercial litigation customarily involves a sequence of steps, including:

• Investigation
• Pleadings
• Discovery
• Pretrial proceedings
• Potential settlement
• Trial
• Appeal

Our in-depth knowledge of procedural and substantive law allows us to manage the process efficiently. We are highly skilled at conducting due diligence, interviewing and preparing witnesses, as well as utilizing e-discovery and state-of-the-art courtroom technology. Our attorneys also have exceptional legal writing and oral argument skills that are essential for achieving successful outcomes during the trial phase of a commercial dispute. Given that many cases are resolved before going to trial, we leverage our negotiating skills to arrive at settlements that are fair and reasonable.

Available Remedies

The damages that can be obtained in successful commercial litigation depend on factors such as the circumstances of the case and the nature of the business. When necessary, our attorneys collaborate with a respected network of financial experts to conduct a comprehensive damages analysis. In any event, we will work to help you obtain the compensation that considers all of your present and future financial losses.

Additional remedies include specific performance and injunctive relief. Specific performance is a court order directing a party to a lawsuit to take a specific action, such as delivering promised goods or services, when monetary compensation is not an option. Injunctive relief typically involves restraining orders or temporary or permanent injunctions, in addition to, or in lieu of, monetary damages.

Experienced Commercial Litigation Attorneys

Our legal team is well-versed in both civil litigation and complex, multi-party litigation. Although we prefer to reach negotiated settlements through various methods of alternative dispute resolution — arbitration, mediation, or summary trials — we are fully prepared to litigate commercial disputes, including those that involve reputational risks or “bet the company” cases. By tailoring our services to the particular needs of each matter, we work to achieve the best results possible for our clients. Inside or outside of the courtroom, our firm is an experienced choice in commercial litigation.