Commercial Litigation

Arguments are like buildings.  They are only as good as their foundations.  Our method involves getting command of the facts before determining our best arguments and our strategy for meeting the client’s objective.  We take a collaborative approach and work in consultation with in-house counsel or business executives to gather evidence and select the best arguments.

We do not believe in hiding the ball.  We believe in clearly articulating our position up front and telling our adversary in a blunt and direct manner exactly what will happen if a deal cannot be reached, and then following through on that promise.  We also believe in clearly setting forth the basis for our negotiating position up front, and sharply spelling out for our adversary their best alternative to a negotiated offer, and why the demand we are making is a better deal for them, or, indeed, the only acceptable option they have.  We find that this direct approach and the discipline and preparation it conveys often leads to an early settlement or sets the groundwork to resolve the dispute favorably down the road.

As soon as preliminary negotiations fall through, we relentlessly marshal our proofs and prepare the case, driving forward until the case is adjudicated or until an acceptable resolution is reached.

Our trial lawyers are born to engage in the arena.  Nothing is more satisfying than going to battle, standing your ground, and emerging victorious.  That said, business is business.  Neither the business world nor the court process is a “zero sum” game.  Relationships last decades and sometimes span generations.  Sometimes legal cases do as well.  The best deals and the most lasting reconciliations benefit everyone.  Our trial lawyers are practical businesspeople as well as competitors.  We are keenly aware that the tides of uncertainty and the changing stakes of conflict can lead to a deal at any moment.

We have seen cases settle over an initial call, during jury selection, moments after Opening Statements conclude, in the hallways after a punishing cross-examination, while the jury is deliberating, during the pendency of an Appeal, and even years after judgments or Settlement Agreements have been finalized.