NYC Business Litigation Lawyer
Oberheiden P.C. helps local New York City corporations handle all types of business disputes. Our team of business litigation attorneys can guide your business toward a favorable outcome, regardless of the legal issues your business is facing.
As a business owner or executive, you do everything possible to avoid a lawsuit. Litigation is time-consuming and expensive and removes your attention from where it belongs — your business. However, some business disputes are unavoidable, and it is important to have an experienced NYC business litigation attorney on your side to ensure the process goes as smoothly as possible. At Oberheiden, P.C., we have assembled a team of New York business litigation attorneys to assist our corporate clients through the various legal issues they encounter. With extensive experience handling a wide range of legal issues on behalf of New York businesses, our New York commercial litigation lawyers can quickly identify all of your options and advise you on the probable outcomes of each. This ensures that any decisions you make are informed and focused on achieving the best possible outcome for your business or commercial dispute.
New York City Corporate Litigation Practice Overview
- Our team of commercial litigation attorneys represent businesses in serious litigation disputes throughout New York.
- Our team of Sr. trial attorneys and former government litigators have won over 2,000 litigation and federal cases.
- We do not employ Jr. attorneys or paralegals. We are a boutique litigation firm (30+ attorneys) that will put our highly experienced advocates on your case, offering you the greatest chances of success.
- We will work to protect your rights, reputation, and assets using our experience and resources to give you leverage in your case. Our team includes former FBI, DEA, IRS, OIG, and Secret Service agents that are skilled at gathering valuable intelligence to give you the advantage.
- Our New York commercial litigation attorneys will use that information to strategically and systematically dismantle your opponent’s case.
Types of New York City Business Disputes Oberheiden, P.C. Handles
As a national business litigation law firm, Oberheiden, P.C., represents businesses in all types of disputes and other legal issues. Regardless of the industry your business operates in or the nature of the dispute, Oberheiden, P.C. can help. Our commercial litigation practice frequently represent businesses dealing with the following legal issues.
Disagreements between business partners and others who jointly own a business are some of the most challenging disputes. However, given the shared interests of the parties, these issues often have mutually beneficial solutions; you just have to identify them. At Oberheiden, P.C., our knowledgeable New York attorneys have extensive experience working with partners, members of an LLC, shareholders, and corporate directors to come up with successful resolutions to even the most complex and high-stakes disputes.
Breach of Contract Actions
Contracts are legal agreements that bind all sides to the contract. In most cases, contracts are a formality and, after signing the agreement, both parties live up to their respective expectations. However, there are a significant number of contractual disputes, often stemming from ambiguous terms in the contract.
If your business finds itself needing to enforce a contract or at the other end of another party’s attempt to enforce a contract, Oberheiden, P.C. can help. Our experienced corporate litigation lawyers are familiar with the laws that govern the enforcement of contracts and what makes a contract unenforceable. Oberheiden, P.C., takes an individual approach to all breach of contract actions.
Infringement and Misappropriation of Intellectual Property
Intellectual property can be incredibly valuable. In fact, a business’s intellectual property may be its most valuable asset. As a result, there is often significant litigation surrounding intellectual property. At Oberheiden, P.C., our intellectual property lawyers help New York City businesses navigate complex IP issues, including:
- Patent or copyright
- Proprietary information
- Service marks or trademarks
- Trade secrets or trade dresses
Business fraud is a serious allegation that can result in business owners or executives being held personally liable for others’ losses. Thus, at the first whiff of a business fraud case, it is imperative to reach out to a skilled New York commercial litigation attorney for assistance. At Oberheiden, P.C., we have assisted businesses across all industries defend against fraud allegations.
In the past, our law firm has secured favorable results for our clients in fraud cases in a variety of sectors, including accounting, banking, consumer protection, health care, insurance, and securities litigation.
Tortious interference is a legal claim alleging that a company or individual improperly used a third party to interfere with a business to create an unfair advantage. Because tortious interference commonly involves surreptitious activity on behalf of the interfering party, these claims require extensive investigation to uncover the extent of the interference. Several of the New York commercial litigation attorneys at Oberheiden, P.C. are former high-ranking federal officials and investigators who built their careers on investigating some of the most complex schemes and business torts in recent history.
While businesses are able to understand the legal issues involved in some disputes, employment litigation involves issues unrelated to the underlying business. This often requires the assistance of an experienced New York City employment dispute lawyer. Whether your organization is seeking to enforce a non-compete agreement, facing a wrongful termination claim, dealing with contract disputes, or dealing with allegations of stolen intellectual property, the employment law attorneys at Oberheiden, P.C. can help you develop a comprehensive strategy that takes all considerations into account.
Antitrust and Securities Litigation
Few legal issues businesses face are as complex and high-stakes as matters involving antitrust and securities violations. Thus, when looking for a New York business litigation attorney to defend your business in an antitrust or securities lawsuit, it is imperative you work with a law firm that has extensive experience handling these particularly complex cases. At Oberheiden, P.C., we have a long history of successfully resolving antitrust and securities cases on behalf of public and private companies across all industries.
Mergers and Acquisitions
Each year, there are more than 15,000 mergers and acquisitions, with an estimated value of over 24 billion. Given the stakes involved in mergers and acquisitions, these are some of the most complex and intellectually challenging business issues to wrap your mind around. However, at Oberheiden, P.C., our merger and acquisition lawyers have vast experience successfully navigating businesses through all types of mergers and acquisitions. Of course, out-of-court resolutions are preferred in these cases to avoid delay and keep the cost of litigation to a minimum. However, as experienced business litigators, Oberheiden, P.C. attorneys are prepared to take commercial litigation cases to trial when it becomes necessary to ensure your interests remain protected.
Q&A with New York City Business Litigation Attorney Nick Oberheiden, PhD
What Percentage of Business Disputes Settle Without Going to Court?
It is impossible to specify an exact percentage, because the substantial majority of business disputes settle not only without going to court, but without a lawsuit being filed. In many cases, it will be in both parties’ financial interests to negotiate an amicable resolution, and this leads to an extremely high settlement percentage. With that said, New York City’s commercial litigation dockets are packed, and the state and federal courts in the city hear commercial litigation cases daily. Ultimately, each case is unique, and the likelihood of settlement depends on the particular circumstances involved.
How Can Companies Target Pre-Trial Settlements in Business Litigation?
Targeting a favorable pre-trial settlement in commercial litigation is all about developing the leverage needed to convince the other party that it is in its best interests to compromise. Depending on the circumstances presented, this could be a relatively straightforward process, or it could require going through discovery and other pre-trial procedures. If it is in both parties’ interests to preserve their business relationship (i.e., if they are in the midst of a construction project reshaping New York City’s skyline), this presents a unique dynamic, and it may be possible to come to terms fairly quickly with the right approach.
When Are Business Disputes Subject to Mandatory Mediation or Arbitration?
Mandatory mediation and arbitration are matters of contract. If the parties’ contract stipulates that they will resolve any disputes through mediation or arbitration, then each party must pursue the stipulated form of alternative dispute resolution (ADR). However, mandatory ADR clauses often include carveouts for certain types of claims; so, even if a contract has a mediation or arbitration provision, each party will need to consult with its counsel to determine what options it has available.
Why Might a Business Prefer Alternative Dispute Resolution (ADR) Over Litigation?
Even when ADR is not contractually mandated, pursuing mediation or arbitration can still be beneficial in many cases. Generally, mediation and arbitration are less costly than commercial litigation, and they facilitate more efficient resolutions as well. If businesses need a path forward but prefer to avoid the costs and delays of litigating in New York’s state or federal courts, then ADR may be a viable solution.
What Is the Discovery Process in Business Litigation?
Discovery involves obtaining information from counterparties in business litigation, and potentially from other sources as well. There are four main types of discovery requests: (i) interrogatories, (ii) requests for admissions, (iii) requests for production of documents, and (iv) depositions. Each serves its own unique purpose, and strategically leveraging opportunities during the discovery process is essential for achieving favorable outcomes in complex disputes.
How Can Businesses Protect Sensitive Information During Discovery?
Businesses can protect sensitive information during discovery through several means. These include (but are not limited to): (i) objecting to unreasonable discovery requests; (ii) asserting the attorney-client privilege; (iii) redacting nonresponsive information (or other information authorized by rule or court order; (iv) negotiating a secrecy agreement; or, (v) submitting confidential under seal (subject to court approval).
When Should Companies Engage Outside Counsel for Business Disputes?
When facing a business dispute, engaging outside counsel early can streamline the dispute resolution process and minimize the likelihood that it will be necessary to litigate the dispute through trial. Too often, business owners and executives wait too long to engage counsel, and this delay ends up taking options off of the table. If your company is facing a business dispute that has the potential to lead to litigation in New York City, we recommend that you consult with outside legal representation as soon as possible.
Contact an Experienced NYC Commercial Litigation Lawyer for Immediate Assistance
If you are a New York business owner, executive, board member, or senior manager who is currently dealing with a complex business dispute, reach out to the NYC business litigation attorneys at Oberheiden, P.C. At Oberheiden, P.C., we are highly experienced in handling some of the most complex and high-stakes business disputes and business litigation cases, and know what it takes to obtain a favorable result for our organizational clients. We take a custom-tailored approach to each case, knowing that when a dispute arises, no two commercial disputes are the same. To learn more about Oberheiden, P.C., and to schedule a consultation with an experienced NYC business litigation lawyer, call us at 212-970-9468. You can also connect with us through our online contact form and we will reach out to you shortly.