Business Litigation
At Resolvere Law, our Phoenix business dispute lawyers serve a wide range of business entities, including corporations, LLCs, and other organizations. We have spent years sitting across the table from Phoenix business owners who arrived at our office tired, frustrated, and often blindsided. A handshake deal that went sideways. A partner who quietly misappropriated company funds. A vendor that walked off a job and left invoices unpaid.
Disputes like these rarely arrive with a warning, and they almost never resolve themselves. Our business litigation attorneys and commercial litigation lawyers have a deep understanding of business law and complex matters, and are committed to protecting the best interests of our clients. We work on behalf of Arizona business owners and companies of all sizes in seeking to resolve these matters on terms favorable to them, whether through negotiation, mediation, arbitration, or trial. As business lawyers, we are focused on seeking resolution quickly whenever possible so that legal fees can be minimized and so that our clients can focus on their business.
Our firm is a boutique law firm on North Central Avenue in Phoenix with extensive experience. We represent business clients in a wide range of disputes and litigation matters, including contract disputes, construction and contractor conflicts, employment issues, and complex commercial litigation.
The word resolvere is a Latin verb that in English forms the basis of multiple words, including a) resolve – to find a solution, to determine firmly; b) resolution – a firm decision; the solving of a problem; and c) resolute – admirably determined. The underlying meaning is to break something apart to free or clarify it, which is the focus our lawyers bring to every matter. The fact is, every case will be resolved in some fashion. We help clients in seeking the resolution that will be best for them.
If you are involved in a business dispute and are looking for a Phoenix business dispute attorney who will answer your questions and provide business-focused legal advice about case strategy, we invite you to call us at 480-702-2272 or reach us through our contact page to schedule a consultation with an experienced business litigation attorney.
Our firm represents companies of all sizes, from local startups to multi-state corporations, and our services go beyond courtroom litigation to include legal advice, dispute resolution, and ongoing support for a wide range of business matters.
Business litigation is the formal legal process of resolving legal disputes that arise out of commercial activity. Business litigation covers a wide range of disputes, from contract breaches to multi-party commercial disputes that can take years to resolve.
Disputes can include contract breaches, licensing issues, real estate conflicts, construction disruption, contractor non-performance, and many other types of business disputes. Litigation attorneys and litigation lawyers play a crucial role in representing client interests in these often complex and time-consuming disputes, from negotiations to trial.
Having knowledgeable legal counsel is essential for navigating business litigation matters and protecting your business interests.
In the Phoenix metropolitan area, business litigation cases are usually filed in the Maricopa County Superior Court or, when federal jurisdiction applies, in the U.S. District Court for the District of Arizona. Regardless of whether a dispute is subject to state or federal court, a common thread is often that there is substantial money on the line.
But money is rarely the only concern. Reputations, customer relationships, employee retention, financing arrangements, and in some cases the survival of the company itself can all be wrapped up in a single dispute. We understand.
Our role is to seek resolution for clients that offer the possibility not only of resolving monetary matters, but also one that can address any other related concerns to the extent possible.
These terms are often used interchangeably, and in most practical settings the distinction is academic. In Maricopa County, however, parties may choose to litigate in Commercial Court or regular Superior Court. Commercial Court is a specialty calendar within the Civil Department of the Maricopa County Superior Court, established in 2015 as a pilot program and made permanent on January 1, 2019. Its purpose is to resolve commercial controversies expeditiously and cost effectively. Regular Superior Court handles a broad mix of matters — including individuals, businesses, government entities, personal injury, contract disputes, and family law. Commercial Court is more selective, requiring that at least one plaintiff and one defendant be a “business organization,” or that the primary issues concern a business organization, contract, or transaction. Qualifying business organizations include corporations, LLCs, partnerships, sole proprietorships, joint ventures, professional associations, and similar entities. A business dispute or commercial matter can often be litigated in either court, depending on circumstances, considerations, and the advice and counsel of your attorney.
Our practice areas include both business litigation and commercial litigation. Commercial litigation tends to suggest disputes between two entities arising out of a business transaction, while business litigation can also include non-commercial disputes, such as disputes between the owners of the same business. Thus in one sense, commercial litigation can be thought of as a subset of business litigation.
As experienced Phoenix commercial litigators and business minded lawyers, we handle complex matters in both areas. Whatever label fits your situation, our commercial and financial litigation team takes on the full range of business dispute matters.
Yes. Business torts are a real category under Arizona law.
Business torts include tortious interference with contract, civil conspiracy, conversion, unjust enrichment, intentional misrepresentation, and breach of fiduciary duty. Breach of fiduciary duty is a common business tort which arises when a partner, manager, or officer fails to act in the best interest of the company employing them or the company’s owners. These claims often run concurrently with breach of contract actions and pursuing them may require filing a lawsuit and engaging in full commercial litigation, including discovery, motions, and trial.
In the event of particularly egregious or malicious conduct, business torts can give rise to punitive damages where ordinary contract claims do not. While the ability to recover punitive damages in a business tort case is somewhat rare, it is critical to fully evaluate a case early on to determine whether punitive damages may be applicable, as these damages can greatly impact case strategy and the potential monetary recovery.
Our business litigation lawyers and commercial litigation attorneys represent a wide range of business entities—including corporations, LLCs, and partnerships—in high-stakes litigation. High-stakes litigation, often referred to as “bet your business” litigation, can arise when the future of a company or investment is at risk, especially in cases involving intellectual property.
Businesses often face conflicts with vendors, clients, and partners. The following are some of the common disputes that we frequently encounter:
A breach of contract occurs when one party fails to perform an obligation under an agreement. The remedy is usually money damages, sometimes the rescission of a contract, and other times specific performance can be available where the contract involves something unique, such as a parcel of real estate or a closely held business interest. If a contract breach case goes to trial, in Arizona the winning party may be entitled to legal fees in certain circumstances.
Much of our litigation work is devoted to helping clients in a variety of disputes involving construction development and contractors, such as construction breaches, delays, performance failures, contractor licensing, and other matters. We represent construction companies, sub-contractors, homeowners, project owners, and other construction and contractor industry participants.
For more information on our practice in this area, please see our page on construction dispute lawyers.
Many shareholder and partner disputes involve issues such as deadlocks in decision-making or the direction of the company, monetary disbursements to one shareholder or partner without the knowledge of other shareholders or partners, or the misappropriation of an opportunity that should belong to the company. In other situation, an owner may experience a live change or no longer be 100% committed to the business. Litigation is common in these disputes, particularly when business owners, partners, or shareholders face lawsuits, financial struggles, or attempts to limit personal liability.
Shareholder and partnership disputes often require prompt resolution, especially if a business continues to operate. In some cases, there may be agreements that cover how the dispute in question should be handled, while in other situations, no such guidance may exist. In any event, without prompt resolution, the business can be negatively impacted, which is not in the interest of anyone. To learn more, please visit our page on partnership and shareholder disputes.
When perpetuated by trusted co-owners or employees, business fraud, embezzlement, and forgery (such as identity theft) are especially difficult cases, often because of the betrayal of long-term trust. Securities fraud in particular is a complex area of business fraud, involving fraudulent activities related to stocks and investments that can result in significant financial penalties and criminal charges.
We work with businesses victimized by these acts in seeking full accountability and restitution for lost money and other damages, and we can also advise on the next steps if criminal prosecution is desired.
Carriers deny claims for many reasons, some legitimate and some not. The dispute often centers on whether a particular event falls within the policy’s coverage, whether an exclusion applies, or how much the carrier is required to pay. Insurance claims may consider two (2) related concepts: a) the duty to indemnify or pay; and b) the duty to defend a claim or party.
Arizona case law recognizes the duty of good faith and fair dealing in insurance contracts, and a bad faith denial can give rise to additional damages that may be sought under a bad faith claim; including, in some cases punitive damages. If your carrier has denied a claim that you believe is covered, do not assume the denial letter is the final word. Better yet, call us before filing a claim, to discuss your case and learn about potential next steps.
Warranty claim disputes arise when a product or service does not match what was promised at the time of sale. These can be addressed according to the common law or case law. The Arizona version of the Uniform Commercial Code, codified at A.R.S. Title 47, also governs many implied warranty claim matters in addition to written warranties. Depending upon the circumstances, buyers of defective products may be entitled to repair, replacement, refund, or consequential damages. Express warranties, implied warranties of merchantability, and implied warranties of fitness for a particular purpose each have their own rules that may be identified in contract provisions; or decided, ultimately, according to the facts as applied to established case law in an applicable area of law.
Trademarks, copyrights, and patents are largely federal matters, but trade secret claims under the Arizona Uniform Trade Secrets Act are commonly litigated in our state and federal courts. As an example, if a former employee took your customer list to a competitor or a vendor copied a proprietary process, our lawyers can move quickly to seek a temporary restraining order, preliminary injunction, and damages. Strong confidentiality agreements and well-drafted employment agreements are critical tools for protecting that information before a dispute arises.
Our business dispute practice also encompasses land use and property ownership questions that arise in real estate transactions, as well as easement disputes, zoning compliance, and other regulatory matters. Please see our real estate dispute lawyer page.
There is no single right moment, but there are wrong moments. When a dispute starts taking shape, a person’s best option will usually be to consult with a business litigation attorney early, before positions harden and deadlines start running. Acting quickly in response to litigation or legal action can help maintain a position of strength and mitigate potential exposure for businesses involved in disputes. There often is an opportunity early in a dispute to resolve matters quickly and cost-effectively.
Conversely, waiting until a complaint has been filed and the response deadline is two days away is one of those wrong moments. So is signing a settlement agreement before the release language is reviewed by an experienced business dispute lawyer.
If you are facing a potential dispute, we encourage you to contact us as soon as possible to learn your options. The clients who come out best are usually the ones who picked up the phone soon after a dispute started, rather than waiting weeks or months during which time disputes often escalate.
There are many factors that can affect the statute of limitations in any case. As a result, you should ALWAYS contact a lawyer as soon as possible to learn about the statute of limitations that will be applicable to your matter so that your case can be brought in time.
Common triggers include receiving a demand letter, learning their contracting party is in breach of a contract and not likely to fix the breach, seeing signs that a contracting party is likely not going to be completing a contract, having a lawsuit has been filed against you, discovering financial irregularities inside a company, being served with a subpoena, or recognizing that an opposing party is gathering evidence. When these situations arise, businesses should highly consider seeking the counsel of a business litigation attorney in order to protect their legal rights and business interests. Protecting your legal rights is the central reason to bring in a business lawyer at these moments.
A litigation hold notice — whether included within or accompanying a demand letter — is a formal instruction requiring the recipient to preserve all documents, communications, and data relevant to an anticipated dispute, and receiving one should be treated as an immediate trigger to retain counsel. Failing to comply can result in sanctions, adverse inference instructions, or even the striking of claims or defenses if relevant evidence is later found to have been lost or destroyed. A litigation hold also signals that the opposing party has likely already organized and retained counsel, making it critical to retain experienced business litigation counsel to meet preservation obligations, assess the merits of the dispute, and develop a response strategy before the situation escalates further.
It is almost never too early. Some of the best outcomes our firm has produced came from cases where the client called before the dispute became formal. A well-crafted pre-litigation demand letter or response to a demand can often resolve matters without a complaint ever being filed.
Even when litigation cannot be avoided, early involvement lets us preserve evidence, identify and secure key witnesses, and shape the record before the other side gets organized. Time and information are two important resources that can win lawsuits, and you have more of both when you call early.
Our approach as business litigation lawyers is focused on resolving disputes efficiently whenever possible and, where the situation allows, without the cost and delay of a full trial. Many disputes can be resolved through negotiation and alternative dispute resolution methods such as mediation and arbitration, which are often less costly and time-consuming than going to court.
It’s advantageous to negotiate effectively from a position of strength, which is why our attorneys prepare every case as though it will go to trial. This requires undertaking the often meticulous work to develop a client’s position through careful fact-gathering and other evidence matters.
Our trial attorneys are highly skilled in case investigation, drafting pre-trial motions, and courtroom advocacy, ensuring that every aspect of your business litigation matter is handled with diligence. Both evidence gathering and litigation pleadings serve to advance the cases of clients.
We do this work at the outset of a client’s case so that we are in the best position possible if a mediation takes place. In a mediation, opposing counsel and parties will know exactly what they will be facing if a settlement cannot be reached. In negotiations and mediation, when the other side recognizes that we are ready and able to try the case in front of a Maricopa County jury, settlement conversations tend to become more productive almost immediately. We believe that this is the best approach for clients.
Trial is usually a last resort; however, as Phoenix business trial lawyers we are ready to take the cases of our client to trial and to present them to a jury if an acceptable settlement cannot be reached.
Statistically, in Arizona most business disputes are settled prior to trial. Typically, disputes are most frequently resolved through negotiation, mediation, and occasionally arbitration.
The length of business litigation can vary significantly. A straightforward breach of contract case that settles in mediation might wrap up in a few months to a year. Conversely, a complex commercial dispute involving expert witnesses, voluminous discovery, and contested motion practice that goes to trial can run for two years or more.
As business dispute attorneys we give clients realistic timelines from the first meeting and update those projections as the case develops. Surprises in litigation are rarely good ones, so we work hard to avoid them.
We are not a high-volume firm. Instead, we represent clients of various business sizes across various jurisdictions accepting cases where we believe we can provide the dedicated attention that every matter deserves and where we feel we can make a real difference to clients.
Business litigation lawyers Mark Saric and Lawrence Felder each carry a manageable caseload so that every matter receives real attention. Our attorneys are committed to advocating for your commercial, legal, and business interests, whether that calls for effective negotiation or aggressive courtroom advocacy, with the goal of helping you achieve your business objectives.
Your case will not be passed off to a paralegal or someone you have never met. At our firm, team members or lawyers answer their phones, so that you’ll be able to speak to someone if your lawyer is in court or otherwise not available at the moment. We are here to “answer the call” and if someone is not available, we return calls promptly – as soon as we are able to do so.
When choosing a business lawyer in Phoenix, we believe that business owners should prioritize litigation experience, industry-specific experience, strong communication, and transparent billing practices. We deliver in each of these areas.
Clients expect – and deserve – that their cases will be staffed and managed in a way that is both the most beneficial to them and cost effective—not simply to maximize the firm’s billings. We appreciate this desire, and we implement this approach on every case.
We staff cases leanly with the lawyers and team members who will be the most beneficial to you, ensuring a cost-effective allocation of resources. In most cases, this usually means a single attorney and sometimes a paralegal.
We don’t use teams of partners, associates and staff, which exponentially increase legal fees with little or no value to clients. We manage legal fees just like businesses manage costs—in a very controlled, precise, and cost-effective manner.
Absolutely. While our office is located in central Phoenix, our attorneys represent business entities throughout Maricopa County and across Arizona, including corporations, LLCs, and other enterprise structures in Scottsdale, Mesa, Tempe, Chandler, Glendale, Sedona, Flagstaff, Prescott, and Tucson. We are admitted in Arizona state and federal courts, and we travel as cases require.
Most of our business litigation work is billed hourly. Fee structure is something we discuss openly during the initial consultation with clients. Our fees are also clearly outlined in our engagement agreement.
Arizona allows the prevailing party to recover costs attorneys’ fees in many contract disputes under A.R.S. Sections 12-341 and 12-341.01, which is a factor our team always considers when evaluating the cost-benefit math of pursuing or defending a case.
If you are dealing with a business dispute, the worst move you can make is no move at all. Whether you are weighing how to respond to a demand letter, considering whether to file suit, or trying to figure out what to do about a complaint that just landed on your desk, our attorneys can help you make sense of it. Our team has handled the kinds of cases that keep Arizona business owners up at night, and we are happy to walk you through what your options look like.
Call Resolvere Law PLLC at 480-702-2272 to schedule a consultation with an experienced Phoenix business lawyer to learn more about how our firm works.
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