Commercial Litigation Attorneys Committed To Skillfully Resolving Disputes

Businesses and individuals face legal risks every day and often feel they have no recourse when a problem arises. Our goal at Ernst, Brown & Draper is to represent our clients so that they can avoid litigation, if possible. However, we understand that opposing parties and legal issues are unpredictable, and so we are prepared to represent our clients in all types of litigation and disputes at both the trial and appellate courts.

Choosing the right commercial litigation lawyer is vital to protecting your business interests. Our Mesa-based attorneys have a proven track record of success, both in and out of court, with a deep understanding of the intricacies of business law.

Each of our lawyers has spent years in “big law” at a national or regional Arizona law firm. We have extensive experience identifying and resolving disputes our clients face, including, for example:

• Breach of contract
• Fraud
• Negligence
• Negligent and fraudulent misrepresentation
• Disputes between partners or business owners
• Employment disputes
• Personal injury defense
• Professional negligence and malpractice defense

Our skilled commercial litigation attorneys have valuable experience in each of these fields. We are dedicated to helping businesses navigate these complex issues with confidence and precision.

We work with our clients individually, on a case-by-case basis, to understand their individual situations, their business operations and, importantly, their desired outcomes and goals. Cost is often a driving factor in litigation. We communicate clearly and frequently about anticipated costs and staff our cases appropriately to manage those costs throughout the matter.

Comprehensive Representation In All Kinds Of Business Disputes

At Ernst, Brown & Draper, our team of commercial litigation attorneys is equipped to handle a wide range of legal disputes that businesses and individuals commonly face. We understand the complexities of commercial law and strive to provide tailored solutions that protect your interests and support your business’s growth.

We offer commercial litigation services for cases involving:

• Contract disputes: Contract disputes are a cornerstone of commercial litigation. These arise when parties disagree on the interpretation, performance or enforcement of a contract. Common issues include breach of contract, delays in service or delivery, nonpayment and disputes over contract terms. Our approach is to resolve contract disputes efficiently, minimizing disruption to your business while seeking to recover any losses or enforce contract terms.
• Business torts: Business torts encompass improper actions taken against business entities that lead to financial losses – for example, unfair competition, fraud, misrepresentation and breach of fiduciary duty. Our commercial litigation attorneys are skilled in identifying these wrongful actions and pursuing claims that seek compensation for damages and, where applicable, punitive damages to deter future misconduct.
• Fraud and misrepresentation: Fraud in contract disputes involves intentional deception by one party to gain an advantage or induce another party into an agreement. Misrepresentation, while similar, does not necessarily involve intent to deceive but can still lead to a contract being voided if it influences the agreement’s formation. At Ernst, Brown & Draper, our commercial litigation attorneys handle cases involving both fraud and misrepresentation, providing rigorous defense and pursuing justice through restitution or rescission of contracts.
• Employment litigation: Employment litigation addresses disputes between employers and employees or between competing businesses over unfair labor practices. This includes wrongful termination, discrimination, wage and hour disputes, and enforcement of noncompete agreements. We provide strategies to handle these sensitive issues carefully, ensuring compliance with employment laws while defending the interests of your business.
• Shareholder and partnership disputes: Disagreements among shareholders or partners can disrupt business operations. These disputes may involve issues of corporate governance, profit sharing, dissolution or breaches of shareholder agreements. Our partnership disputes attorneys focus on resolving these cases through negotiation or litigation, aiming to achieve outcomes that respect the rights of all parties and preserve the underlying business.

Our approach to contract disputes and commercial litigation is proactive and client-focused. We understand that each case is unique, and we tailor our strategies to meet the specific legal and commercial needs of our clients. Whether negotiating out of court or representing you in trial, our goal is always to achieve a resolution that aligns with your business objectives.

Understanding The Stages Of Commercial Litigation

The prospect of litigation can seem daunting, especially for small business owners. Our goal is to make the process as transparent and stress-free as possible. Here, we outline the typical stages of commercial litigation, ensuring you know what to expect every step of the way.

• Pleading stage: The litigation process begins with the pleadings, the formal documents filed with the court that outline each party’s legal arguments, claims and defenses.
  • Complaint: This is the initial document filed by the plaintiff (the party initiating the lawsuit), which sets forth the basis or claims of the lawsuit and the desired remedies.
  • Answer: The defendant (the party being sued) responds to the complaint in this document. They may admit to or deny the allegations made against them and can also bring any counterclaims against the plaintiff.
• Discovery phase: Discovery is the most time-consuming stage of litigation. It involves the exchange of information and evidence between parties to build their cases.
  • Document requests and review: Both parties request relevant documents from each other, such as contracts, emails or financial records, which are essential for establishing the facts of the case.
  • Depositions: Key witnesses and parties are interviewed under oath by the opposing lawyer. These interviews can provide crucial information and are often used to gather more detailed evidence or to challenge the credibility of the parties involved.
  • Interrogatories and admissions: These are written questions that require written answers from the other party, helping clarify the facts of the case and establish what is in dispute.
• Motion practice: Before the trial, parties may file various motions to compel actions, dismiss parts of the case or even end the case without a trial. These motions are critical as they can significantly influence the outcome or speed of the litigation.
  • Motion to dismiss: This is often filed by the defendant, arguing that even if all allegations are true, there is no legal basis for a lawsuit.
  • Summary judgment: This is filed by either party, asserting that there are no factual disputes to be tried and asking the court to rule in their favor based on the law.
• Pretrial conference and settlement: Most cases settle before reaching trial. A pretrial conference between the judge and the lawyers helps streamline the issues for trial and discuss the possibility of settlement.
  • Settlement negotiations: Throughout the litigation process, both parties may negotiate to settle out of court, often with the help of mediators. Settlement can be preferable as it saves time, reduces costs and provides a more predictable outcome.
  • Pretrial orders: If the case does not settle, the court may issue orders dictating how the trial will proceed.
• Trial: If a settlement is not reached, the case goes to trial, where both parties present their evidence and arguments to a judge or jury.
  • Opening statements: Each side outlines their case.
  • Presentation of evidence: Witnesses testify, and documents are presented to support each party’s claims or defenses.
  • Closing arguments: Each side summarizes the evidence and makes a final appeal to the judge or jury for a favorable decision.
• Post-trial motions and appeals: After the trial, the losing party may file post-trial motions to alter the verdict or seek a new trial. They can also appeal the decision to a higher court, which reviews the trial’s proceedings for legal errors.
• Enforcement of judgment: Once a final decision is made, the winning party may need to take steps to collect or enforce the judgment, which might involve garnishing bank accounts or seizing assets.

Why Partner With Us For Your Litigation Needs?

Litigation can be complex, but with our commercial litigation attorneys on your side, you gain valuable allies who are in these waters daily. Our experienced team understands the challenges businesses face today, and we are committed to offering tailored solutions that protect your interests and promote your business goals. We provide strategic guidance tailored to the nuances of your business, aiming to resolve disputes efficiently and favorably. Our commitment to small business owners like you is unwavering: We strive to demystify legal processes and fight diligently for your interests.

Here are some more reasons to choose us:

• Experience: Our commercial litigation attorneys bring a wealth of knowledge and a proven track record of success in both negotiating favorable settlements and litigating complex cases. With business law experience spanning a wide range of industries, we can handle any contract disputes or commercial litigation issues with the highest level of professionalism and skill.
• Client-centered approach: We prioritize your business needs and goals in every legal strategy we develop. Our approach is hands-on and personalized, ensuring that you feel supported and informed throughout the resolution process. We understand the importance of maintaining business operations smoothly, which is why we strive to resolve disputes efficiently and effectively.
• Comprehensive legal solutions: Whether you are seeking to resolve a dispute through mediation, require aggressive representation in court or need advice on contract management to avoid future disputes, our firm has the resources to assist you. We offer comprehensive legal advice to help you navigate the complexities of contract law and commercial litigation.
• Commitment to excellence: Our firm is committed to upholding the highest standards of legal excellence. We stay ahead of legal trends and continuously update our practices accordingly. Your success and satisfaction are our primary concerns.

Alternatives To Litigation For Resolving Commercial Conflicts

We understand that litigation can be a lengthy and costly process. That’s why we emphasize alternative dispute resolution (ADR) methods as effective solutions for resolving commercial litigation issues. ADR offers several benefits, including reduced legal costs, faster resolution and more amicable outcomes, which are particularly valuable in preserving business relationships.

Here is a breakdown of these processes:

• Mediation: Mediation involves a neutral third party, known as a mediator, who helps both sides come to a mutually agreeable solution. Unlike a judge or an arbitrator, the mediator does not decide the case but facilitates discussion and helps clarify the underlying issues. This method is highly effective for parties who wish to maintain control over the outcome and preserve their professional relationships. It’s flexible and confidential, and often leads to innovative solutions that a court might not typically propose.
• Arbitration: Arbitration is another popular alternative, where a neutral arbitrator (or a panel) listens to both parties’ arguments and evidence, and makes a decision that can be either binding or nonbinding, depending on the agreement between the parties. This option is faster than traditional court proceedings and allows for choosing an arbitrator with specialized knowledge relevant to the business sector involved.
• Negotiation: Direct negotiation is the simplest form of dispute resolution and involves the parties themselves discussing their issues without the involvement of third parties. Our lawyers can assist by advising on legal rights and obligations, helping draft proposals and structuring settlements that address all parties’ key concerns.

Our experienced attorneys guide and support clients through these alternatives, providing strategies tailored to your specific legal and business needs. Contact us to explore how these approaches can efficiently and effectively resolve your business disputes without the need for court intervention.

Frequently Asked Questions About Commercial Litigation

Read on for general information that may be helpful to you.

What does commercial litigation involve?

Commercial litigation encompasses legal disputes related to business issues, including contract disputes, business torts, partnership disputes and compliance with regulations. It involves pursuing or defending a claim in court.

When is the right time to consider hiring a commercial litigation lawyer?

You should seek guidance from a commercial litigation attorney when facing any complex business dispute that may involve legal proceedings or when you need strategic advice on managing potential legal risks associated with business operations.

What is the difference between mediation and litigation?

Mediation is a voluntary process in which a neutral third party helps the disputing parties reach a settlement. Litigation is a formal process involving a court that resolves a dispute by making a binding decision.

What is the difference between arbitration and litigation?

Arbitration is a form of alternative dispute resolution where a neutral third party renders a decision, which can be binding or nonbinding. Litigation involves resolving disputes in court. Our business disputes attorneys can guide you through both processes, helping you choose the best route based on your specific circumstances.

Can a business dispute be resolved without going to court?

Yes, many business disputes are resolved through alternative dispute resolution methods such as mediation or arbitration. These processes are often quicker and less costly than litigation.

What are the potential outcomes of a business dispute case?

Potential outcomes can include a monetary award, specific performance (compelling a party to fulfill their contractual obligations) or a declaratory judgment (a statement of the parties’ rights under the contract). Settlements can also be tailored to the parties’ needs.

What is the typical time frame for commercial litigation?

The time frame can vary widely based on factors such as the case’s complexity, the legal jurisdiction, the readiness of the involved parties to reach a settlement and the court’s timetable. The process may last anywhere from several months to multiple years.

What can I do to prevent contract disputes in my business?

To prevent contract disputes, ensure all agreements are clear and well-drafted, seek legal advice before signing contracts, train employees on contract compliance and regularly review contracts for any necessary updates or clarifications.

How can I best prepare for potential litigation?

To prepare for litigation, organize all relevant documents, including contracts, communications and records of transactions. Consult with a commercial litigation lawyer early to discuss your case, understand your legal options and develop a strategic approach to manage or defend against the dispute effectively.

How do I know if my case is strong enough for litigation?

Evaluate the strength of your case by consulting with a commercial litigation attorney at our firm who can assess the merits based on the available evidence, the applicable law and the likelihood of achieving a favorable outcome. An experienced lawyer will provide a realistic perspective on the risks and benefits of proceeding to trial.

What risks should I consider before deciding to litigate?

Consider the potential costs, the time commitment and the possible outcomes, including unfavorable judgments. Litigation can also impact your business’s operations and reputation. Weigh these factors carefully against the potential benefits of resolving the dispute through litigation.

Can I recover legal costs if I win a commercial litigation case?

In some jurisdictions, you may be able to recover attorney fees and court costs if you win the litigation, particularly if your contract includes a fee-shifting provision. However, recovery of legal costs is not guaranteed and often depends on the specific laws and facts of your case.

What is an injunction, and when might it be necessary in a contract dispute?

An injunction is a court order that either restrains a party from doing something or compels them to do something. It’s particularly useful in contract disputes to prevent a party from continuing harmful actions, such as violating a noncompete agreement, or to preserve the status quo pending the outcome of the litigation.

How does the court determine damages in contract disputes?

Courts typically calculate damages based on the actual losses suffered due to the breach. This may include compensatory damages for direct losses and consequential damages for additional indirect losses. The aim is to put the injured party in the position they would have been in if the breach had not occurred.

What is the importance of expert witnesses in commercial litigation?

Expert witnesses can provide crucial technical or industry-specific knowledge that helps the court understand the complex aspects of a case. Their testimony is often key in proving damages, interpreting contract terms or providing professional opinions on the standard practices within a particular field.

How does the court handle confidentiality in sensitive business disputes?

Courts often handle sensitive business disputes by allowing certain documents or testimonies to be sealed and by conducting parts of the litigation process in private. Confidentiality agreements may also be used to protect trade secrets and other proprietary information during litigation. These measures help maintain business privacy while still providing a venue to resolve disputes.

What role does negotiation play in resolving commercial disputes before trial?

Negotiation is a critical tool in resolving commercial disputes before reaching trial. It allows parties to discuss their differences and come to an agreement that avoids the uncertainty of a trial. Effective negotiation can save significant time and resources. Lawyers often use these discussions to settle disputes on terms favorable to their clients, potentially including remedies that a court might not be able to provide.

Can arbitration clauses in contracts affect the process of commercial litigation?

Yes, arbitration clauses significantly affect the process of resolving disputes. These clauses require that disputes be resolved through arbitration rather than through court litigation. Arbitration can be faster and less formal than traditional court proceedings, and typically, the decision is binding and final, limiting opportunities for appeal.

What legal remedies are typically available in commercial litigation cases?

In commercial litigation, legal remedies typically include compensatory damages, restitution, rescission of the contract, reformation of the contract terms, specific performance (requiring the breaching party to fulfill their contractual duties) and sometimes declaratory judgments (clarifying legal obligations under a contract). The choice of remedy will depend on the nature of the breach and the specific circumstances of the case.

What should I bring to my initial consultation with a commercial litigation lawyer?

For your initial consultation, bring any documents relevant to the dispute, such as contracts, correspondence and any court documents if a lawsuit has already been filed. Also, prepare a summary of the dispute and your objectives.

Can commercial litigation be avoided?

While not all commercial disputes can be avoided, many can be mitigated or prevented with the right strategies in place. These include drafting clear and comprehensive contracts, having effective communication channels and having early dispute resolution mechanisms. Our commercial litigation attorneys assist in creating strong legal frameworks and conducting proactive risk assessments to reduce the likelihood of litigation.

Let Us Protect Your Business Interests In Commercial Litigation

Whether you are dealing with a contract dispute, a shareholder disagreement or another business-related issue, we are here to help. Our goal is to resolve disputes efficiently while minimizing disruptions to your business operations.

Contact our commercial litigation attorneys today at 602-858-5940 to schedule a consultation.