New York Commercial Litigation attorneys.

What qualifies as a commercial litigation case?

Commercial litigation covers disputes arising from business relationships and transactions. Common examples include breach of contract, partnership disputes, shareholder conflicts, business fraud, unfair competition, trade secret theft, commercial lease disputes, and debt collection. The common thread is that the dispute arises from a commercial or business relationship rather than a personal one.

How long does commercial litigation take?

Timelines vary widely depending on complexity, the amount in dispute, and the court's calendar. Simple contract disputes may resolve in 6-12 months, while complex multi-party litigation can take 2-4 years or longer. Many cases settle before trial — often after discovery reveals the strength of each side's position. An attorney can give you a realistic timeline based on the specifics of your case.

Should I try to resolve the dispute before filing a lawsuit?

Often, yes. Pre-litigation negotiation, mediation, or demand letters can resolve disputes faster and at lower cost than a full lawsuit. Many contracts also require mediation or arbitration before litigation. However, some situations — like trade secret theft or breach of non-compete — may require immediate court action to prevent irreparable harm. An attorney can advise on the best approach.

What is the difference between litigation and arbitration?

Litigation takes place in court before a judge (and sometimes a jury), follows formal rules of procedure and evidence, and results in a public record. Arbitration is a private process before one or more arbitrators, with streamlined procedures and limited discovery. Arbitration decisions are generally final and very difficult to appeal. Many business contracts contain mandatory arbitration clauses.

Can I recover my attorney fees if I win?

In most states, each side pays their own attorney fees unless a contract, statute, or court rule provides otherwise. Many commercial contracts include fee-shifting provisions that allow the prevailing party to recover attorney fees. Some statutes — like those governing unfair business practices or trade secrets — also allow fee recovery. Review your contract and consult an attorney about fee recovery prospects.

What should I do if I receive a demand letter or lawsuit?

Take it seriously and respond promptly. Lawsuits have strict response deadlines — typically 20-30 days — and failing to respond can result in a default judgment. Don't ignore demand letters either; they often set deadlines that affect your legal position. Preserve all documents related to the dispute. Consult an attorney before responding, especially before making any admissions or promises.

What is a breach of fiduciary duty claim?

A fiduciary duty is the highest standard of care in the law — it requires putting someone else's interests ahead of your own. Business partners, corporate officers and directors, and certain advisors owe fiduciary duties. A breach occurs when they act in their own interest at the expense of the company or its shareholders — for example, self-dealing transactions, usurping business opportunities, or misusing company assets.

How are damages calculated in commercial litigation?

Damages depend on the claim type. Breach of contract damages typically aim to put you in the position you'd be in if the contract were performed — including lost profits, cost overruns, and incidental costs. Fraud and tort claims may include consequential damages and, in some cases, punitive damages. Expert witnesses — economists, accountants, and industry specialists — often testify about damages calculations.