Commercial Litigation: Solve Your Colorado Business Dispute

PublishedMar 19, 2019

6 minute read

Most likely, when you opened your small business you had big dreams, albeit dreams slightly tempered by the reality of the responsibilities of running a business. You probably considered all the of less attractive duties, like taking inventory, maintaining the books, and filing taxes, but you went for it anyway. Someone along the way may have even warned you about all of the potential problems that can crop up when you own a business.

Business disputes can be minor, but they also have the ability to extinguish your hard work.

When the stakes are high, don’t confront the problem alone.

Whether your business is being sued or you’re considering filing a lawsuit to resolve a dispute, Robinson & Henry, P.C. commercial litigators can help you figure out what’s best for your case.

Schedule a consultation at (303) 688-0944.

We’re Ready to Go to Court

When conflicts arise that threaten your small business, a commercial litigator can help resolve the problem through filing a lawsuit.

Robinson & Henry’s seasoned commercial litigators have experience representing clients in both state and federal courtrooms.

When you bring your case to Robinson & Henry, you’ll acquire aggressive legal counsel that makes your goals and your best interest their priority. We want to win your case. If that means taking your case to court, our assertive trial attorneys ready.

“Cases are won long before the court date. At Robinson & Henry, we prepare for trial from the day our clients hire us.” – Bill Henry, founding partner

What’s Commercial Litigation?

Commercial litigation is a broad term that applies to virtually all types of business-related disputes where a lawsuit could resolve the issue. As it relates to your small business, commercial litigation could mean there’s been a breach of contract, an employment dispute, or a major disagreement with a business partner.

As our founding partner says, Robinson & Henry’s attorneys always prepare to go to trial. But litigation doesn’t always end up in court. In fact, a lawsuit is not always filed.

While high-conflict cases can end up in the courtroom, we may be able to negotiate a resolution before a trial ever begins. We want to ensure you have the best chance to win your case. Our commercial litigators will appraise your case and figure out how you should proceed.

Reaching a settlement outside of court is generally the more cost-effective route to take. If you face a business dispute and want to avoid an expensive trial, you still need a seasoned commercial litigator to increase your chances of a good outcome.

Let’s Resolve Your Problem

When you own a small business, there’s a chance you’ll be involved in some kind of litigation. Someone could threaten to sue you, or you may find yourself considering filing a lawsuit of your own.

In either case, Robinson & Henry’s commercial litigators can help your business survive the dispute.

Perhaps you received a letter outlining demands from you, and if you don’t comply you’ll be sued. Or, maybe you’re tired of asking a vendor to follow through with their contract, and you’re ready to file a complaint.

Whatever your dispute, don’t let raw emotions potentially hurt your business.

While you may be fired up and ready to go straight to court, pursuing a lawsuit may not be in your or your business’ best interest.

When you bring your business dispute to Robinson & Henry, you can count on honesty.

Our commercial litigators will review your matter and discuss your case’s strengths and weaknesses. We’ll let you know if we think you have a case and whether you can win it.

We want you to reach a favorable outcome, and our lawyers will provide you with the best options to achieve that.

We’ll also be transparent about how much it could cost to reach your goal.

Considerations:

Time and Money – Going through the process of litigation can be expensive and time consuming. If the dispute is over a small amount of money, suing may not be worth it.
Who You’re Suing – Does the individual you intend to sue have the means to pay a judgment? Could the lawsuit potentially destroy a good business relationship?
You’re Being Sued – If your business is being sued it’s in your best interest to take it seriously, even if you believe it’s a frivolous claim. Contact our attorneys, not the plaintiff.
Business Image – Your brand may be damaged if the lawsuit goes public.

Going to Court

When you have a high-stakes business dispute, you want first-rate representation to resolve the problem as quickly as possible. Sometimes the best strategic approach to maximize your particular issue is going to court.

When that’s the case, our trial lawyers will leverage their litigation skills to get you the best results. Our dynamic attorneys know procedural law, they’re excellent writers, and they’re aggressive in their oral arguments – a vital combination of skills that create successful litigators.

At Robinson & Henry, we represent plaintiffs and defendants in our commercial litigation practice.

Staving off a Trial

You may be prepared to go to court, but reaching an agreement outside of court may be your best bet.

Resolving the dispute before going to court generally reduces attorney fees and cuts down on time.

Finding closure to the issue can often be achieved through settlement, arbitration, and mediation.

Settlement – Both parties can discuss a settlement throughout the litigation process. Generally, settling will not involve the court.

Arbitration – A neutral individual, called an arbitrator, listens to evidence from both sides and decides who wins the lawsuit.

Mediation – A mediator talks with each party individually and tries to persuade each side to reach a fair agreement.

While we want to see you quickly put this legal issue behind you, our aim is to ensure you receive what you deserve in the matter. Every case, and its avenue to a resolution, is different.

The opposing party may be willing to settle before a lawsuit has to be filed, especially if you have a strong case. Unfortunately, sometimes, even with a lawsuit looming, one side will refuse to negotiate.

When this happens, you may have to go a step further.

There’s an Impasse. What Now?

When negotiations fall through, one party may file a formal complaint. If you’re the party considering a lawsuit, now is the time to seriously consider whether it could be a worthwhile venture.

This is where a dispute can get costly. Like we said, we’re going to be open with you…

Discovery Isn’t Cheap

When a lawsuit is filed, the first step in the litigation process is called the discovery phase. It’s one of the most expensive parts of a lawsuit.

During the discovery phase, parties exchange information and relevant documents about the case. Each party sends interrogatories. Depositions are also taken during this time.

Interrogatories are written questions given to the other party to be answered under oath.

A deposition is sworn testimony by someone who may have pertinent information to the case.

This part of litigation can last months. If the case in incredibly complex, or one side is uncooperative, discovery can persist even longer.

To the Courthouse We Go?

Not necessarily. Trial is not automatically the next step just because a lawsuit is filed and discovery is complete.

Now that both parties have gone over all the facts of the case, they can file motions. A party may ask the court to exclude certain evidence from trial. Another motion could petition the court to compel the opposing party to produce specific documents.

A party can also ask the court to decide some or all of the issues of the lawsuit without a trial. This is called a summary judgment.

Motion for summary judgment – When a party requests a judge to decide all of a lawsuit.

Motion for partial summary judgment – When a judge is asked to eliminate part of the lawsuit.

The party filing the summary judgement motion backs their request with facts about the case, depositions, and other legal evidence to assert that some or all of the case has no merit.

When a summary judgment is requested, the other party can oppose it with facts that dispute the motion. If the opposing party does not respond, a judge can dismiss the case or rule on it without hearing both sides.

If summary judgment is granted, the lawsuit is done. (This can be appealed.)
If partial summary judgment is granted, the court removes the issues in question, and the lawsuit moves forward. (This can be appealed after the lawsuit is complete.)
If summary judgment is not granted, the case goes to trial.

The Trial and Appeal

If the lawsuit proceeds to court, a judge or jury will decide the case. Commercial litigation cases are often heard by juries.

Depending on the case’s complexity, a trial can last weeks or longer.

After that, there’s the appeal process. Appealing a judge’s ruling or a jury’s verdict does not actually mean “new trial.”

The appellate court typically does not review facts of the case. Instead, it looks for legal errors. If there are none, the high court will affirm the ruling or verdict.

If there are errors, however, the appellate court can order a new trial or reverse the verdict.

The Long & Short of Litigation

Simple cases can be resolved in months. Complex cases that involve high-dollar claims, though, can take years to work through.

Taking that into account, it is important to speak with a commercial litigator as soon as a dispute occurs so you can minimize the impact it will have on your business.

Robinson & Henry, P.C. lawyers can help you decide your best options for the issue your business faces.

Schedule a consultation by calling (303) 688-0944.

Potential Commercial Issues

Think about all the different types of businesses there are in the U.S. alone. If you can dream it up, there’s probably someone already doing it. And the ways consumers get products vary as much as businesses, from brick and mortar stores to online operations.

Business disputes are not limited to a few types of businesses or issues. The conflicts that can arise are as diverse as the business world.

Of course, there are disputes that are far more common than others. Let’s take a look.

✔ Breach of Contract
Breach of contract occurs when a party to a legally-binding agreement doesn’t follow through on their obligations.

✔ Business to Business Disputes
B2B disputes can occur between even the strongest business relationships. These issues can arise from tortious interference, meaning a business suffers damages by another business that intentionally or negligently interferes with the company or its contract.

✔ Employment Issues
Employment issues can run the gamut. Problems can crop up about salary, management conflicts, and leave disputes. More serious issues, such as discrimination or wrongful termination allegations, can happen, as well.

✔ Partnership Disagreements
Partnership disputes can arise from a variety of differences, such as finances, hiring practices, and vision for the business.