Commercial Litigation Attorney
Experienced and Strategic Commercial Litigation Attorneys Nationwide
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Litigating a dispute with a competitor, vendor, business partner, or other third party can drain company resources and pull employees’ attention away from the day-to-day tasks involved in running a profitable business. In many cases, negotiating a settlement will be the most cost-effective way out. But, what if your company is clearly not liable? Or, what if you simply cannot afford to settle? In these scenarios, litigating – potentially all the way through trial – may be the most prudent option you have available.
At Oberheiden, P.C., our commercial litigation attorneys routinely advise clients regarding corporate and commercial litigation strategies, and we represent clients at all stages of the litigation process. With a practice focused on high-stakes defense, we handle a broad range of cases in U.S. district courts across the country. Whether your company is being sued for an alleged breach of contract or you personally are facing legal action as a company executive, board member, partner, or corporate shareholder, we can use our extensive business litigation experience to help you make informed decisions focused on securing a cost-effective and favorable resolution.
In any case, when it comes to mitigating your company’s potential exposure (or your personal exposure as a result of business-related litigation), acting quickly can be essential to maintaining a position of strength in the matter at hand. We provide free initial case assessments, and our litigation defense lawyers can take action immediately if necessary to protect you or your company.
Why Choose Oberheiden, P.C. as Your Business or Commercial Litigation Defense Lawyer
Oberheiden, P.C.’s litigation defense team brings centuries of combined legal experience to representing individual and corporate clients in complex business litigation matters. Our commercial litigation attorneys are licensed to practice in federal jurisdictions across the country, and we have represented clients in more than 40 states and counting. With staffed offices in Dallas and Houston, Texas, and with access to office facilities in major cities from coast to coast, our firm has the resources, capabilities, and intellectual capital needed to strategically and effectively defend clients in litigation involving all types of business-related claims and multi-million-dollar potential exposure.
As a boutique defense firm, our practice is devoted to representing executives, board members, business owners, and business entities in high-stakes litigation. Our attorneys have taken hundreds of cases to trial, and we have resolved many more cases through settlements, alternative dispute resolution (ADR) proceedings, and other out-of-court resolutions (including convincing plaintiffs to drop their claims with the result of no liability for our client). By working closely with our clients and taking a proactive – rather than reactive – approach to defense, we seek to take control of the litigation and ensure that our clients are never caught off guard by an unexpected turn of events.
This is Why You Are in Good Hands
When you choose Oberheiden, P.C. to represent you or your company in business litigation:
- We will take immediate action if necessary. Whether your company has been sued, you have received a demand letter, or you are simply aware of circumstances that may give rise to a potential third-party claim, there may be immediate steps that need to be taken in order to mitigate your or your company’s risk of liability. With our attorneys’ practical experience in business-related disputes, we can quickly assess what needs to be done to protect you.
- We will quickly identify your strengths and any potential weaknesses.When facing litigation, you need to be aware of your strengths and weaknesses. One again relying on their vast experience, our attorneys can work quickly to identify all available factual and legal defenses as well as any areas where you or your company may be at risk for exposure.
- We will strategically and systematically take apart the plaintiff’s case. Armed with this information, our attorneys will begin strategically and systematically taking apart the plaintiff’s case. Remember, the plaintiff has the burden of proof. If there are enough legitimate questions about the veracity of the plaintiff’s allegations, then the plaintiff may have no choice but to count its losses and move on.
- We will work with you to understand your priorities. Is there information that you want to try to keep out of the litigation if at all possible? Is it necessary to try to keep the entire case confidential? Are you more focused on ending the litigation as soon as possible; or, do you want to pursue counterclaims against the plaintiff (assuming you have counterclaims available)? Our attorneys will work with you to understand your priorities and build a case strategy centered on what matters most to you.
- We will pursue a favorable result by all available means. If it is in your interests to negotiate a settlement, we will work on securing the leverage we need through the discovery process. If your only option is to fight for your company’s future in court, we will pull out all the stops and fight for you at trial. As our client, your success is our top priority, and we will do everything in our power to protect you.
More About Our Commercial Litigation Practice
Cases We Handle
Our business litigation practice consists of representing clients in out-of-court settlement negotiations, ADR, and federal district court litigation involving all types of business-related disputes. We defend clients facing all types of allegations and facing potential outcomes including money damages, specific performance, contract rescission or termination, and business accountings, and when appropriate we pursue affirmative claims on behalf of our clients as well. We routinely provide representation in cases involving claims under federal law as well as state law claims exceeding the diversity jurisdiction threshold in the areas of:
- Breach of contract
- Breach of fiduciary duty
- Computer hacking and privacy issues
- Employment litigation
- Intellectual property infringement and misappropriation
- Misappropriation of corporate or partnership funds
- Non-compete violations
- Partnership and limited liability company (LLC) disputes
- Private causes of action under federal law (including antitrust and securities litigation)
- Theft, fraud and forgery
- Tortious interference
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Common Issues in Business Litigation
Various issues can arise during the course of a litigated dispute, from challenges related to discovery to allegations of personal liability arising from corporate acts. As cases progress, the best commercial litigation attorneys will constantly evaluate and re-evaluate their clients’ positions in order to pursue strategies that are specifically tailored to the factual and legal circumstances at hand. Some of the types of issues that tend to come up in business litigation at the federal level include:
1. Discovery Disputes
In complex business litigation, issues related to discovery can significantly increase the time and cost involved. They can also make or break the plaintiff’s case. We are experienced in strategically using the discovery process to our clients’ advantage; and, when counterparties attempt to abuse the discovery process or improperly refuse to produce documents related to their own allegations, we pursue all remedies available under federal law.
Publicity of allegations – even allegations later proven to be untrue – can have devastating effects in todays’ environment. Third-party disclosure of information obtained through discovery can have drastic consequences as well. We are sensitive to the confidentiality considerations involved in defending against civil allegations, and we are experienced in using appropriate judicial means to protect our clients’ reputations and proprietary information.
3. Fraud and Illegal Acts
One way in which individual owners, executives, and board members can be held liable for corporate acts is through direct participation in fraud or other illegal conduct. If you are facing the potential for personal liability in a business-related dispute, we can tailor our representation to protecting your assets from attachment after judgment.
4. Piercing the Corporate Veil
Another way in which plaintiffs can attempt to obtain leverage over business owners and executives is by seeking to establish personal liability under the doctrine of “piercing the corporate veil.” We have seen this type of argument numerous times, and there are a variety of potential ways our attorneys can attack a “piercing” claim.
5. Partner, Member, and Shareholder Disputes
When businesses get sued, when they struggle financially, and when plaintiffs attempt to establish personal liability for company owners, disputes will often arise among partners, members, and shareholders. In addition to representing companies and their owners in litigation with third parties, we also routinely represent individual owners in partner, member, and shareholder litigation as well.
Business disputes often involve issues related to indemnification. If a third party is responsible for a plaintiff’s losses, then the defendant may have an indemnification claim against the third party, or the defendant’s and third-party’s contract may state that the third party is responsible for defending the plaintiff’s claims directly.
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Potential Outcomes in Business-Related Litigation and ADR
Plaintiffs can potentially seek a variety of different types of remedies in business litigation, although the remedy most-often sought by far is monetary damages. As defense counsel, we work to accurately determine the value of the plaintiff’s claims (assuming they are valid), and then we seek to limit our client’s liability to the greatest extent possible. Setting aside the unique types of equitable remedies that are available in certain types cases, the forms of relief most often at issue in business litigation are:
- Compensatory Damages – As the name implies, compensatory damages are intended to compensate a plaintiff for actual losses sustained as a result of a breach of contract, tort, or other civil wrong. Compensatory damages can include already-existing out-of-pocket losses as well as losses that a plaintiff is expected to incur in the future.
- Liquidated Damages – Liquidated damages can serve as a substitute for compensatory damages in cases involving contract-based claims. If a contract includes a liquidated damages clause, then (assuming the clause is enforceable) the plaintiff will be entitled to the amount of damages stipulated in the parties’ agreement.
- Consequential (Special) Damages – Consequential, or special, damages are those which go beyond direct losses flowing from a breach of contract or tort. For example, if a company loses a business opportunity because of a failure to deliver materials, then that company would be entitled to seek consequential damages for the profits expected to be generated by that opportunity.
- Attorneys’ Fees and Costs – As a general rule, civil litigants are responsible for their own attorneys’ fees unless their contract stipulates otherwise. However, there are exceptions, and disputes over attorneys’ fees are common in business litigation. The same is true for litigation and arbitration costs as well.
- Punitive Damages – Punitive damages are also only available in limited cases, particularly in the context of business-related litigation. However, plaintiffs will often include claims for punitive damages as a way to create leverage in settlement negotiations, and our attorneys are skilled at challenging punitive damages claims.