practice areas

commercial litigation

Businesses sometimes become adverse with customers, dealers, suppliers and other businesses. Such lawsuits can require enormous resources, both in the time that employees have to spend in discovery, depositions and trial, as well as defense costs. Our firm recognizes this.

One thing we can do is respect your time and money, and treat it as our own. A second thing we can do is listen to your goal in the conflict, and design a plan that is respectful of that goal and your budget. A third thing we can do is use our vast litigation experience to create leverage you did not have before. Creating leverage may drive down costs, force early and favorable resolution, or even convert costly litigation into a profit center.

One client recently referred a case in which a supplier was threatening suit and making demands. After a quick and efficient investigation, we recommended that we not merely defend, but rather go on the offensive. We filed suit against the supplier in federal court in Chicago, putting the supplier on his heels. He counter-claimed but was placed on the defensive. We severed his claim off to arbitration in Seattle, beat him soundly there, and pursued our offensive maneuver in federal court, resulting in a seven-figure payday for our client – who was initially only interested in a defense.

In multiple cases, we have developed and prosecuted counterclaims, having learned that sometimes the best defense is a strong offense. Too frequently defense lawyers are solely reactive, rather than proactive. Our business litigation lawyers recognize that the dynamics of the case can change dramatically by creating a proactive strategy early on, and executing it faithfully. While business litigation can be expensive and time-consuming, it can also be managed in a business-like way, and even pay for itself.

On the other hand, relationships are important and litigation is not always the course to take. Sometimes the best solution is to seek out a result that benefits both parties, and allows the relationship to be preserved, and both sides continue to do business. While it is important that your lawyer is able to be aggressive, it is equally important that he be able to build and strengthen a bridge, rather than simply to burn it.