Litigation & Disputes

Involve counsel when the dispute could affect significant money, property, intellectual property, business operations, or an important relationship. You don’t need to wait until someone files a lawsuit. An attorney can assess your claims and defenses, identify deadlines, preserve evidence, and help you avoid statements or decisions that may hurt your position later. They can then recommend the best next step, whether that means negotiating directly, sending or responding to a demand letter, proposing mediation, seeking emergency relief, or preparing for litigation.

Start by determining your options. If you have a disagreement with someone about a contract, an arbitration or a forum-selection clause may control where and how you must resolve the dispute. If the matter does not involve a contract, the best course of action will depend on the legal claims and the relief you need. For example, litigation may be necessary when you need a court order or a binding judgment, while arbitration may offer a more flexible, streamlined process. Note that arbitration isn’t always faster, less expensive, or confidential than going to court. A third option is mediation, where a neutral person negotiates with both parties, but it won’t produce a binding decision unless you reach an agreement. In short, the right answer depends on the facts of the case, the amount at stake, the urgency of the dispute, and your business goals.

It’s impossible to tell without knowing the number of parties and claims, the forum (court or arbitration), the amount of discovery required, the need for experts, the motions filed, and the opposing party’s approach to litigation. Costs and timelines may also change if settlement is a possibility. Your attorney will develop an initial budget and timeline, explain the assumptions behind them, and update them as the case develops. Along the way, your attorney should identify the stages when you can narrow the legal issues, modify your strategy, pursue settlement, or decide whether the probable result justifies the expense.

We represent clients in disputes involving contracts, business ownership and control, fraud, fiduciary duties, unfair competition, restrictive covenants, trade secrets, intellectual property, employment, construction, real estate, product liability, defamation, and government action. We also handle disputes among shareholders, partners, members of limited liability companies, customers, vendors, competitors, and former employees. Some matters begin with a broken agreement; others arise from conduct that violates a legal duty even when no contract governs the relationship.

Contact your attorney immediately, and follow the deadlines stated in the summons, which could be days or weeks. Failing to respond can lead to a default judgment against you. Begin preserving potentially relevant documents, emails, text messages, recordings, and information stored in workplace messaging or collaboration platforms. Don’t delete, alter, or create documents about the underlying events. Avoid discussing the substance of the dispute with the opposing party before you speak with counsel, and forward all ensuing communications to your attorney. You should also determine whether you need to notify your insurer, an indemnifying party, or another third party about the lawsuit.

Usually, the case begins when the plaintiff files a complaint, and the defendant files an answer to the complaint or a motion challenging it. If the case proceeds, the parties then exchange relevant information through discovery, which may include written questions, document requests, subpoenas, expert reports, and depositions. The court may resolve some or all of the issues through pretrial motions. If claims remain, the case proceeds to trial unless the parties settle. The process varies by court and type of case. Settlement discussions or mediation can occur at almost any stage of litigation.

Yes, if the facts and law show you need to prevent immediate harm, you can petition the court for a temporary restraining order or preliminary injunction while a case is pending. You should file when someone takes a harmful action against you that money alone can’t repair, such as using your confidential information, violating a noncompete agreement, transferring property whose ownership is in dispute, or infringing your intellectual property. Contact your attorney as soon as possible because this process moves quickly.

Yes, we do, including appeals in cases that another law firm handled at trial. An appeal usually focuses on legal errors preserved in the trial court’s record rather than giving the parties a new trial or another opportunity to present evidence. Deadlines for appeals are often short, so your attorney should promptly evaluate the judgment and issues. Our litigation team prepares appellate briefs, presents oral arguments, and works with trial counsel while cases are pending to preserve important issues for appellate review. We also prepare amicus curiae, or “friend of the court,” briefs for parties with an interest in the broader legal issues in an appeal.