NYC Commercial Litigation Lawyer Experienced in Resolving Complex Disputes
Our firm handles all types of commercial litigation in New York City. If your business is facing a dispute, or if you personally are involved in a shareholder or partnership dispute, NYC commercial litigation lawyer Daniel Knox can assist with securing a resolution that protects your business’s interests (or your personal interests) as efficiently as possible.
At Knox Law Group, commercial litigation is the core of our practice. It’s what we know best, and Mr. Knox has been representing clients in commercial litigation for well over a decade. Along with litigating commercial disputes in court, we represent clients in settlement negotiations, mediation, and arbitration—and, when desired, we focus on achieving amicable resolutions that not only protect our clients’ business interests but also preserve their business relationships.
What Is Commercial Litigation?
Commercial litigation disputes arise from business or contractual circumstances in which one party sues another for violating the law. Breaching a contract, employment disputes, and partnership disputes are all examples of potential commercial litigation claims. The party filing a commercial litigation case will typically seek damages from the at-fault party, including enforcement of a contract, monetary damages, or an injunction to prevent further wrongdoing.
What Steps Are Involved in Commercial Litigation?
Commercial litigation cases are frequently complex. A significant amount of documentation, negotiation amongst opposing parties, and expert witness testimony may be needed to resolve a dispute involving business partners or parties to a contract.
In a commercial litigation case, the parties will attempt to resolve the matter before filing a lawsuit. This often involves attending mediation or arbitration to determine if a settlement may be reached.
When a lawsuit has been filed, the opposing party files its response. The defending party may file a counterclaim or request dismissal of the initial lawsuit. Once pre-trial motions have been filed, settlement discussions begin in earnest. If settlement negotiations prove unsuccessful, a trial is held, during which all parties present evidence, examine witnesses, and await the decision of a judge or jury.
Our Commercial Litigation Practice
How can we help you? Within our commercial litigation practice, we regularly represent clients in matters involving:
Breach of Contract
When a contract between parties is violated, the impact on each party can be significant. Examples of how a contract may be breached include a party’s non-performance and a party’s conduct that prevents another party from fulfilling their obligations under the contract.
Contract disputes are common, and they can be disruptive for businesses of all sizes. While some contract disputes may have relatively minor consequences, others can present major threats to businesses’ finances and operations or even their viability as a going concern. In all cases, informed decision-making is essential for avoiding unnecessary consequences, and this requires the advice and representation of an experienced NYC commercial litigation lawyer. We represent businesses in breach of contract disputes involving issues including (but not limited to):
- Performance and payment obligations
- Confidentiality obligations
- Non-competition and non-solicitation obligations
- Intellectual property rights
- Representations and warranties
- Default, right to cure, and termination
- Indemnification obligations
Whether your dispute involves a lease, license, vendor or supplier contract, or any other type of commercial agreement, Mr. Knox can help you decide how best to move forward. He can then assert all viable claims and/or defenses on your business’s behalf while you focus on trying to maintain business as usual.
Shareholder Disputes
Shareholder disputes can be equally disruptive—if not more so—in many cases. When these disputes arise, the shareholders involved must often begin by making a critical decision: Is it best to focus on keeping the business together? Or is it time to part ways?
When shareholders in a business disagree, a dispute may arise. Executive compensation, determining the direction of the business, or even challenging a director’s action are examples of shareholder disputes. When the future of a business is at stake, a NYC commercial litigation lawyer is needed.
In the former scenario, resolving a shareholder dispute will involve finding a way to reach a settlement. In most cases, this will involve focusing on settlement negotiations, perhaps with the assistance of a neutral third-party mediator. In the latter scenario, however, litigation is much more likely, as each of the shareholders involved will be focused on protecting their own best interests to the fullest extent possible. Mr. Knox has experience representing clients in both scenarios and can use it to help you make informed, strategic decisions.
Partnership Disputes
Partnership disputes raise similar considerations and often involve similar types of issues. A breach of the fiduciary duty partners owe to one another is a common cause of partnership disputes that result in commercial litigation. Partnership agreements may also be violated for a number of reasons that impact the partnership’s viability moving forward.
From disputes regarding critical business decisions to disputes involving breaches of partners’ fiduciary duties, numerous scenarios can threaten to end partners’ professional and personal relationships. Here, too, NYC commercial litigation lawyer Daniel Knox focuses on achieving amicable resolutions when possible (and when desired), and he fully asserts his clients’ contractual and statutory rights to secure appropriate remedies when necessary.
Employment Disputes
When a contractual disagreement or discrimination allegation threatens to turn your business upside down, an NYC commercial litigation attorney is prepared to assist you with defending your rights. Whether your employment dispute is centered in federal or New York state court, trust our team of legal professionals to handle your matter with the utmost importance.
We regularly represent clients in employment disputes as well. In employment-related matters, we are dedicated exclusively to representing employers in all facets of employment disputes. Our firm provides comprehensive legal counsel and aggressive defense in a broad range of employment issues, including wage-and-hour disputes, discrimination claims, and wrongful termination.
We understand the intricate legal landscape that employers must navigate, and our team is committed to protecting our clients’ interests while minimizing disruption to their businesses. With a focus on proactive risk management and strategic litigation, we work closely with employers to achieve successful outcomes and foster compliant, thriving workplaces.
Intellectual Property Disputes
Mr. Knox represents clients in intellectual property (IP) disputes involving both contractual and non-contractual scenarios. His practice includes helping to resolve disputes between licensors and licensees and representing IP owners and third parties in infringement litigation. In infringement cases, time can be of the essence for IP owners, and Mr. Knox can seek injunctive relief to preserve owners’ exclusive rights when necessary.
Our IP litigation practice includes representing clients in New York City in matters involving copyrights, trade secrets, and trademarks. If you are facing any type of IP-related dispute, we invite you to contact us to discuss the options you have available.
Discovery Within a Commercial Litigation Dispute
Through requests for documentation, interrogatories, and depositions, all parties in a commercial litigation matter may seek additional information from one another. Discovery tends to favor the side most adept at raising proper objections to opposing parties’ evidence and fully utilizing the evidence provided to them.
A Custom-Tailored Approach to Commercial Dispute Resolution
In all matters, we take a custom-tailored approach focused on protecting our clients’ commercial interests as efficiently as possible. While this involves going to trial in some cases, Mr. Knox has also had significant success protecting businesses’ and individuals’ interests out of court. When evaluating our clients’ options, we give equal consideration to all means of protecting their interests, including:
- Settlement Negotiations – It will be in both parties’ best interests to settle commercial disputes in many cases. When it is in our clients’ best interests to settle, we focus on securing the leverage we need to negotiate successfully.
- Mediation – Whether contractually mandated or not, mediation can be a highly effective tool for resolving commercial disputes out of court. Unlike arbitration and litigation, mediation allows the parties to retain full control over the outcome of their dispute.
- Arbitration – Arbitration is a cost-effective alternative to litigation and can lead to settlement in many cases. Mr. Knox represents clients in arbitration throughout New York City.
- Litigation – Mr. Knox also handles commercial litigation in courts throughout New York City. If litigating is your best option, Mr. Knox will not hesitate to seek a favorable result at trial.
Frequently Asked Questions
What percentage of disputes settle before trial?
Most, though not all, commercial litigation disputes settle before trial. Upwards of ninety percent or more of commercial clients represented by the Knox Law Group settle their disputes prior to entering into the trial phase of a case.
How long does discovery take?
Discovery can be quite lengthy in a NYC commercial litigation case. Less complex matters may see discovery last for six months. On the other hand, a commercial dispute involving multiple parties may result in discovery lasting for up to 18 months.
When should a company hire commercial litigation counsel?
If it has become apparent that internal attempts at dispute resolution have been unsuccessful, and a lawsuit has been discussed as a possibility, then commercial litigation counsel should be sought. Your rights and the future success of your business hang in the balance.
Speak with NYC Commercial Litigation Lawyer Daniel Knox in Confidence
To learn more about our commercial litigation practice, contact us today to schedule a time to speak with NYC commercial litigation lawyer Daniel Knox in confidence.