COMMERCIAL LITIGATION
Commercial disputes do not occur in a vacuum. A lawsuit can affect customers, employees, investors, partners, lenders, transactions and reputation long before a judge or jury reaches a decision. That means litigation strategy cannot be separated from business strategy.
Start with the outcome.
What does winning actually mean? A verdict? Dismissal? Leverage? Confidentiality? Preserving a relationship? Protecting an asset? Closing a transaction? Ending the distraction? The answer should shape the litigation strategy from the beginning.
Litigation should serve the business.
McCabe Kent approaches commercial disputes the same way we approach every consequential matter: Understand the room. Understand the risk. Understand what comes next. Then build the legal strategy around the outcome that actually matters.
THE QUESTIONS LEADERS ASK US
What is commercial litigation?
Commercial litigation generally involves disputes arising from business relationships, transactions, contracts, ownership interests or other commercial activity.
What should a business consider before filing a lawsuit?
Relevant considerations can include legal merits, business objectives, cost, timing, evidence, relationships, potential counterclaims, reputation and realistic paths to resolution.
Can business disputes be resolved without trial?
Yes. Depending on the dispute, potential paths can include direct negotiation, mediation, arbitration, settlement or other negotiated resolutions in addition to litigation.
Why should litigation strategy consider business objectives?
A legally successful outcome may still carry significant financial, operational or relational consequences. Understanding the desired business outcome can help shape litigation and resolution strategy.