Commercial litigation arises when business disputes escalate and require formal legal action to protect a company’s rights or enforce an agreement. While many conflicts can be resolved through strategic negotiation, skilled trial counsel is essential when litigation becomes necessary. In New York’s competitive business environment, an experienced commercial litigation attorney can help businesses navigate negotiations, arbitration, or court proceedings.
Why Choose Levy Goldenberg?
At Levy Goldenberg, we tailor our approach to each client’s needs and choose efficient solutions, whether pre-trial settlement or trial. Although reaching negotiated settlements to business disputes can be more cost-effective, we are always prepared to litigate to achieve the best possible outcome. We bring to bear comprehensive knowledge of procedural and substantive law, as well as formidable negotiating and trial skills.
You can depend on our experienced commercial litigation attorneys to guide you through all phases of the process, including:
- Case evaluation
- Investigation
- Pre-trial negotiations
- Potential settlement
- Pleadings
- Discovery – depositions, subpoenas, e-discovery, document production
- Dispositive motions and hearings
- Jury selection
- Trial
- Appeal
When you become our client, we will assess the merits of your case, weigh the pros and cons of litigating the dispute, and help you make informed decisions about the way forward. We leverage our reputation as aggressive trial lawyers to encourage parties to come to the bargaining table. If your case goes to trial and you do not obtain a favorable ruling, we will determine whether you have grounds for an appeal. Above all, we will offer you trustworthy advice and objective insights to help you achieve your goals.
Representing New York Businesses in Commercial Litigation
Commercial litigation often involves contract disputes but may also arise when a business suffers losses due to another party’s misconduct. We have extensive experience prosecuting and defending a wide range of commercial disputes, including:
- Business torts
- Contract disputes – breach of contract, breach of warranties
- Fraud, misrepresentation
- Partnership disputes
- Shareholder disputes
- Business divorce
- Deceptive trade practices
- Tortious interference
- Employment disputes – discrimination, harassment, wage violations
- Non-compete, non-solicitation, and nondisclosure agreements
- UCC breaches
Whether your business faces a contract dispute or complex commercial litigation, you can trust our team to provide strategic representation. We are comfortable with alternative dispute resolution methods, such as mediation and arbitration, as well as administrative proceedings, and in state and federal courts. Rest assured, we have the skills and resources to protect your interests in any form.
What Legal Remedies Are Available in Commercial Litigation?
No two cases are the same; however, the available damages and legal remedies in business litigation include:
- Compensatory damages to recover financial losses resulting from a breach or tort, such as lost profits, royalties, or loss of market value
- Consequential and incidental damages for financial losses incurred as an indirect but foreseeable result of the breach, including loss of use, loss of goodwill, and restitution
- Liquidated or monetary damages for breach of contract, as long as the agreement provides for these damages
- Punitive damages to punish the defendant’s wrongdoing and to discourage others from similar misconduct
- Rescission to cancel the contract and release the parties from future performance
- Reformation or a modification of the contract terms to reflect the parties’ original
- Specific performance, which is a court order requiring a party to perform its contractual obligations, such as delivering goods or services, when monetary damages are not feasible
- Injunctive relief, including temporary restraining orders or temporary or permanent injunctions, rather than awarding monetary damages
- Attorney fees and costs are only recoverable if the contract provides for them
At Levy Goldenberg, we collaborate with a respected network of valuation experts and financial professionals to conduct a thorough damages assessment to help our clients recover their present and future losses.
Alternative Dispute Resolution
Our commercial litigators have a proven track record of achieving favorable outcomes at trial, but we often encourage clients to consider alternative dispute resolution, including mediation and arbitration. Mediation is an informal process that can help the parties reach an agreement and preserve their business relationship. Arbitration is a private process, less expensive and time-consuming than going to trial, and well-suited for parties who value confidentiality.
Contact Our New York City Business Litigation Attorneys Today
Commercial litigation involves complex factual and legal issues, and an unfavorable outcome can jeopardize your business. The best way to protect your interests is to have the informed representation Levy Goldenberg provides. Contact our office today to get started with a seasoned commercial litigation attorney.
People Also Ask
When should a business hire a commercial litigation lawyer?
Businesses should seek counsel when a dispute escalates, negotiations stall, an agreement is breached, or formal legal action may be necessary to resolve the conflict.
How long does commercial litigation take in New York?
The timeline varies based on the complexity of the case, discovery, motion practice, settlement efforts, and court scheduling. Some disputes resolve quickly; others require trial or appeal.
Can commercial disputes be resolved without going to trial?
Yes. Many business disputes settle through strategic negotiation or alternative dispute resolution, though skilled trial counsel is essential when litigation becomes necessary.