Business Litigation
A handshake deal goes sideways. A partner quietly misappropriates company funds into a private account. A vendor walked off a half-finished project with invoices left unpaid.
A business litigation attorney exists for exactly these moments.
As Phoenix business litigation lawyers and business dispute attorneys, we help business owners and a wide range of business entities of all sizes in dispute resolution, including corporations, LLCs, partnerships, closely held companies, and other Arizona business entities.
We have spent years sitting across the table from Phoenix business owners who arrived at our office tired, frustrated, and often blindsided. We know that disputes rarely arrive with a warning, and they almost never resolve themselves.
If you’re involved in a business dispute, one of the worst decisions is to wait and do nothing while matters get worse. Reputation, customer relationships, employee retention, financing arrangements, and sometimes the survival of the company itself can all be damaged in a single conflict.
We work to resolve disputes on terms favorable to our clients and in their best interests through negotiation, mediation, arbitration, and trial, and we pursue timely resolution wherever possible so that legal fees stay controlled and business owners can return their focus to running the company.
From our office on North Central Avenue in Phoenix, AZ, our business litigation attorneys represent clients throughout Maricopa County, the greater Phoenix metro area (including Scottsdale, Tempe, Chandler, Mesa, and Glendale), and throughout Arizona.
If you’re a business owner facing a dispute, we invite you to call us at 480-702-2272 to speak with an experienced business litigation attorney about the strength of your case, the strategic options available, and the paths toward a quick and favorable resolution that align with your business interests.
Business litigation is the legal process of resolving disputes involving companies, business owners, and commercial parties through the Arizona court system. Understanding the litigation process from the outset helps businesses make strategic decisions at every stage of a dispute. These disputes arise across nearly every type of business, from small owner-operated companies to large corporations, and can involve a broad range of legal claims.
Most business disputes in Arizona involve some combination of contract claims and business tort claims. Contract claims arise when one party fails to fulfill its obligations under a written or verbal agreement. Business tort claims cover a broader set of wrongdoing, including tortious interference with a business relationship, breach of fiduciary duty, civil conspiracy, fraud, conversion, and unjust enrichment. Business related disputes may arise between a company and other businesses, competitors, vendors, or former employees whose conduct has harmed company resources.
Under A.R.S. § 12-548, written contract claims must be filed within six years of the contract breach. Oral contract claims carry a three-year statute of limitations under A.R.S. § 12-543. Missing these deadlines can permanently extinguish a business’s right to pursue a claim, making early consultation with a business dispute attorney critical.
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 business dispute lawyers bring to every matter.
We help clients in seeking the resolution that will be best for them.
In many business disputes, the following are all resolution possibilities:
If you’re involved in a business dispute, the best thing is to immediately seek experienced business litigation counsel for early legal assistance.
The biggest mistake that we frequently see in business disputes are companies and owners that wait too long to seek legal representation. In the meantime, actions often are inadvertently taken that undermine the claims of the case.
At Resolvere Law, we can help. By meeting with us early in the process, we can explain the options that are available to a client, and help devise a strategy that will put them in a favorable position if litigation ensues. Additionally, there are often opportunities to settle disputes early and are on favorable terms before the parties become further entrenched and costs increase.
Business litigation is the formal legal process of resolving disputes that arise out of commercial activity. It covers a broad range of matters, from contract breaches to multi-party commercial disputes that can take years to resolve.
Business disputes can include contract breaches, licensing issues, real estate conflicts, construction disruption, contractor non-performance, and many other types of disputes. Business litigation attorneys play a crucial role in representing clients in these often complex and time-consuming disputes, from negotiations to trial.
Having knowledgeable Arizona business litigation lawyers involved early is one of the more reliable ways a company can protect its business interests and its legal position. Legal representation of this kind also gives a company the resources to respond when other businesses escalate a matter faster than expected.
A business litigation attorney evaluates the strength of a case before a lawsuit is ever filed, advises companies and their owners on their legal options, develops and executes a strategy, negotiates on the client’s behalf, drafts and responds to demand letters, and, where negotiation and mediation cannot resolve a matter, represents clients in state or federal courts through discovery, motions, and trial. Business litigators serve as strategists and advisers, not just advocates, and effective counsel requires a deep understanding of both the law and the intricacies of a client’s business. Much of the value provided by business litigation attorneys comes from evaluating legal risks before a dispute escalates.
Our Phoenix business dispute attorneys handle a broad range of litigation matters for corporations, LLC, owners, and other Arizona business law disputes, including those involving:
We also assist Arizona business owners with business formation and governance documents, such as operating agreements and buy-sell provisions, that can help prevent a dispute long before litigation becomes necessary.
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. We represent clients in both of these courts and are knowledgeable with local court procedures which help us with case strategy.
Regardless of whether a dispute proceeds in state or federal court, a common thread is that substantial money is often on the line. But money is rarely the only concern; reputations, customer relationships, employee retention, financing arrangements, and the survival of the company itself can all be at stake.
Our role is to pursue resolutions that address the monetary matters at issue as well as these related business concerns. to the extent possible.
These terms are often used interchangeably, and in most practical settings the distinction is academic. Commercial litigation tends to describe disputes between two entities arising out of a business transaction, while business litigation also includes non-commercial matters such as conflicts between the owners of the same company. In that sense, commercial litigation can be thought of as a subset of business litigation.
In Maricopa County, the distinction can have a procedural consequence. Phoenix has maintained a specialized Commercial Court for qualifying commercial disputes since the Maricopa County Superior Court launched it as a pilot program in 2015; the Arizona Supreme Court made the program permanent effective January 1, 2019. Commercial Court is a specialty calendar within the Civil Department intended to resolve qualifying commercial controversies expeditiously and cost-effectively, and it generally requires that at least one plaintiff and one defendant be a business organization, or that the primary issues concern a business organization, contract, or transaction.
Our law firm handles both types of matters, and our attorneys regularly appear in both courts on business litigation matters; those focused specifically on transactional and commercial disputes between entities are also addressed on our page on commercial litigation in Phoenix.
Business lawyers typically focus on transactions, drafting contracts, forming entities, and negotiating deals. Traditional business lawyers often advise clients on a wide range of non-dispute matters, such as leasing, employment policies, and insurance matters.
Many business lawyers do not represent clients in business disputes once litigation commences. Instead, either before or after litigation commences, a business lawyer may seek the assistance of a business litigation attorney to handle a client’s dispute.
In addition, some business lawyers represent clients in both transactional (non-dispute) matters and litigation matters.
At Resolvere Law, we are particularly focused on helping clients in seeking early-stage resolution, but as Phoenix business trial lawyers, we are well-prepared to present the cases of our clients to a jury if an acceptable resolution cannot be reached.
Yes. Business torts are a recognized category of claims under Arizona law and 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 that arises when a partner, manager, or officer fails to act in the best interest of the company or its owners. These claims often run alongside breach of contract claims and can require full commercial litigation, including discovery, motions, and trial. In matters involving particularly egregious or malicious conduct, business torts can support punitive damages where ordinary contract claims cannot. Punitive damages remain relatively rare in business tort cases, but evaluating early whether they may be available can meaningfully affect both strategy and potential recovery. As Arizona business tort lawyers experienced in both contract and tort claims, we can help protect a company’s legal position from the outset.
Not every disappointing business outcome supports a legal claim. A deal that simply underperforms, or a business relationship that sours without any misrepresentation, undisclosed conflict, or breach of a specific contractual duty, is generally not actionable on its own. What can support a claim is a specific, identifiable wrong: a breached contract term, a material misrepresentation relied upon before signing, a partner’s undisclosed self-dealing, or conduct that meets the elements of a recognized business tort.
Because the line between a bad outcome and an actionable claim often depends on the specific facts, documents, and communications involved, business owners who believe a deal went wrong due to another party’s conduct are encouraged to have the underlying facts reviewed by a business dispute lawyer before assuming there is, or is not, a case.
Some matters rise to the level of high stakes litigation, sometimes called “bet the company” litigation, particularly when the future of a company, a significant investment or a controlling ownership interest is at risk. High stakes litigation calls for the same early, thorough preparation as any other matter, protecting both the company’s legal interests and its finances, but the margin for error is smaller, which is why our business litigation attorneys treat every high stakes matter as one that may result in trial.
The most frequently litigated Arizona business disputes include contract breaches, non-payment matters, partner and business owner disagreements, employment and consulting matters, intellectual property matters, and business torts.
A breach of contract occurs when one party fails to perform an obligation under an agreement. The remedy is usually money damages, though rescission of the contract is sometimes available, and specific performance can apply where the contract involves something unique, such as a parcel of real estate or an interest in a closely held business. Arizona allows a prevailing party to recover costs and attorney fees in many contested actions arising out of a contract under A.R.S. §§ 12-341 and 12-341.01, a factor that affects the cost-benefit analysis of pursuing or defending a claim.
Our breach of contract attorneys work to identify the nature of the breach, calculate recoverable damages (including compensatory damages, liquidated damages where the contract provides for them, and punitive damages in egregious cases), and determine the most effective path to resolution.
A significant portion of our litigation work involves disputes tied to construction development and contractors, including construction breaches, delays, performance failures, and contractor licensing issues. We represent construction companies, subcontractors, homeowners, project owners, and other participants in the construction and contracting industry. Individuals and companies facing a construction-related dispute can find more on our construction dispute lawyers page.
Shareholder and partnership disputes often involve conflicts over management control and profit distribution, deadlocks in company decision-making, disbursements made to one owner without the knowledge of the others, or the misappropriation of an opportunity that should have belonged to the company. In other cases, an owner’s circumstances or commitment to the business may change over time.
Shareholder disputes and partnership disputes often call for prompt resolution, particularly while the business continues to operate, since delay can affect the company regardless of which side ultimately prevails, and both often trace back to a lack of clear business formation and governance documents drafted before the relationship began. As shareholder dispute lawyers, we are experienced in helping owners and partners seek resolution in these types of matters, including assisting with developing creative solutions that address the issues of all involved and which further the objectives of our clients. More detail is available on our partnership and shareholder disputes page.
Many of the shareholder and partnership disputes described above trace back to a business formation process that skipped or rushed the governance documents. Clear operating agreements, buy-sell provisions, and dispute-resolution clauses drafted at business formation, or added later if a company never had them, resolve many disagreements before they require a lawyer at all. Our business litigation attorneys are frequently asked to review these documents after a dispute has already started; reviewing them beforehand is less expensive and considerably less stressful.
When perpetrated by a trusted co-owner or employee, business fraud, embezzlement, and forgery, including identity theft, are especially difficult matters because of the betrayal of long-term trust involved. Securities fraud is a particularly complex category of business fraud, involving alleged misconduct related to stocks and investments that can carry significant financial penalties and, in some circumstances, criminal exposure. We work with businesses victimized by these acts to seek accountability and restitution, and we can advise on next steps where criminal referral may also be appropriate. Businesses that act quickly after discovering fraud are generally better positioned to protect what remains of the affected assets, and legal counsel can help move quickly on that front.
Insurance carriers deny claims for a variety of reasons, some legitimate and some not. These disputes often center on whether a particular event falls within a policy’s coverage, whether an exclusion applies, or how much the carrier is required to pay, and they may involve both a carrier’s duty to indemnify and its duty to defend. Arizona law recognizes a duty of good faith and fair dealing in insurance contracts, and a bad faith denial can give rise to additional damages, including punitive damages in some circumstances. A denial letter from a carrier is not necessarily the final word on a claim.
Warranty claim disputes arise when a product or service does not match what was promised at the time of sale. These disputes can be governed by common law or by statute; Arizona’s version of the Uniform Commercial Code, codified at A.R.S. Title 47, governs many implied and written warranty claims involving the sale of goods. Depending on the circumstances, buyers of defective products may be entitled to repair, replacement, refund, or consequential damages, and express warranties, implied warranties of merchantability, and implied warranties of fitness for a particular purpose each carry their own rules.
Trademarks, copyrights, and patents are largely governed by federal law, but trade secret claims under the Arizona Uniform Trade Secrets Act, codified beginning at A.R.S. § 44-401, are commonly litigated in Arizona’s state and federal courts. If a former employee takes a customer list to a competitor, or a vendor copies a proprietary process, our lawyers can move quickly to protect the business and seek a temporary restraining order, a preliminary injunction, and damages. Strong confidentiality agreements and well-drafted employment agreements remain among the most effective legal tools for protecting sensitive information and helping businesses protect their competitive position before a dispute arises.
Our business dispute practice also encompasses land use and property ownership questions arising out of real estate transactions, as well as easement disputes, zoning compliance issues, and other regulatory matters. Commercial real estate disputes can also involve conflicts related to property transactions and commercial leases; a business that believes a commercial landlord has breached the lease, wrongfully withheld a deposit, or failed to maintain the property may have a claim, though the lease’s specific terms typically control what remedies are available. More detail is available on our real estate dispute lawyer page.
Yes.
Claims against a government entity, such as the City of Phoenix, Maricopa County, or a state agency, follow different rules than a lawsuit between two private businesses. Arizona law requires a person or business with a claim against a public entity to serve a written notice of claim within 180 days under A.R.S. § 12-821.01, a far shorter window than the deadlines that apply to most private disputes, and missing it can bar the claim entirely. Business owners who believe they have a claim against a government entity should consult an Arizona business litigation attorney immediately given how quickly that deadline runs.
The best time to consult with a business dispute attorney is when it appears that a dispute is unlikely to be resolved, particularly if the outcome may have significant consequences.
While many businesses frequently have disputes, owners are usually aware of the types of common disputes that normally are resolved in the ordinary course of business and those that fall outside of this range. Once it appears that a dispute is unlikely to be quickly resolved, the best course is usually to consult a business litigation attorney early, before positions harden and deadlines start running. Acting quickly can help preserve a position of strength and limit exposure, and there is often an opportunity early in a dispute to resolve matters quickly and cost-effectively.
Waiting until a complaint has been filed and a response deadline is two days away is one of the wrong moments. So is signing a settlement agreement before its release language has been 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, as 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. Because the applicable statute of limitations varies by claim, business owners facing a potential dispute are encouraged to consult a lawyer promptly to confirm the deadlines that apply to their matter.
Common triggers include receiving a demand letter, learning that a contracting party is in breach and unlikely to cure it, having a lawsuit filed, discovering financial irregularities inside a company, being served with a subpoena, or recognizing that an opposing party is gathering evidence. When these situations arise, protecting the business’s legal rights is the central reason to bring in counsel promptly.
A litigation hold notice is a formal instruction 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 retained counsel and organized its position. Litigation is not always the first step, but understanding how the litigation process works helps a business avoid costly missteps later.
A demand letter, and any response to one, should avoid unverified factual assertions, admissions against interest, and language that could later be read as a threat rather than a legitimate settlement position. Settlement communications made in the course of compromise negotiations are generally treated differently than other statements under Arizona’s rules of evidence, but that protection has limits and should not be assumed to cover every statement made along the way. Because a poorly worded demand letter or response can create issues that outlast the underlying dispute, having counsel review this correspondence before it is sent is one of the more cost-effective steps a business owner can take early in a dispute.
In some cases, a business may be threatened with a lawsuit from a disgruntled customer, the opposing party to a contract, an employee, or another party. The business may be wondering whether a business litigation lawyer should be contacted if the business has not yet been sued.
It is almost never too early. Some of the best outcomes come from cases where a client called before a lawsuit was filed. A well-crafted pre-litigation demand letter, or a well-crafted response to one, can often resolve a matter without a complaint ever being filed.
Even when litigation cannot be avoided, early involvement allows evidence to be preserved, key witnesses to be identified and secured, and the record to be shaped before the other side has fully organized its position. Time and information are two resources that can determine the outcome of a lawsuit, and both are more available the earlier a business owner calls.
Our approach as business litigation lawyers is focused on resolving disputes efficiently whenever possible and, where circumstances allow, without the cost and delay of a full trial. We first want to learn the business objectives of our clients regarding the dispute. 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 litigating a case through trial. Negotiating a settlement is often the most cost-effective way to resolve a business dispute, provided it is negotiated from a position of strength. Clients of our law firm consistently tell us that early, clear communication about strategy and cost is what they value most.
Business disputes are frequently complex, as even the “facts” of a case are not always clear. It is advantageous to negotiate from a position of strength, which is why our attorneys prepare every case as though it will go to trial. This requires the often meticulous work of developing a client’s position through careful fact-gathering and evidence review, undertaken at the outset of a case so that we are prepared if mediation takes place.
In mediation, opposing counsel and parties generally know what they will face if a settlement cannot be reached. When the other side recognizes that we are prepared to try a case in front of a Maricopa County jury, settlement conversations tend to become more productive. Trial is usually a last resort, but as Phoenix business trial lawyers, we are prepared to take a case to trial and present it to a jury when an acceptable settlement cannot be reached.
Most business disputes in Arizona are resolved before trial, usually through negotiation, mediation, and occasionally arbitration. Discovery disputes and contested motion practice can significantly increase both the cost and the duration of a case that does proceed to trial, which is one reason our attorneys favor early, thorough preparation over waiting to see how the other side responds.
Timelines vary significantly by matter. A straightforward breach of contract dispute that settles in mediation might resolve in a few months to a year. A complex commercial litigation matter involving expert witnesses, voluminous discovery, and contested motion practice that proceeds to trial can run two years or more. Our attorneys provide clients with realistic timelines from the first meeting and update those projections as a case develops, since surprises in litigation are rarely good ones.
We are not a high-volume firm. We represent clients of various business sizes across multiple jurisdictions, accepting matters where we believe we can provide the dedicated attention each case deserves. Our lawyers each carry a manageable caseload so that every matter receives real attention, whether that calls for negotiation or courtroom advocacy. Clients choose our law firm because our attorneys communicate clearly, return calls promptly, and treat every matter, regardless of size, as one that deserves full attention.
A client’s case is not passed off to a paralegal or someone the client has never met. Team members and lawyers answer their own phones so that clients can reach someone even if their attorney is in court, and calls are returned promptly when immediate availability is not possible. When choosing a business dispute lawyer in Phoenix, business owners are encouraged to prioritize litigation experience, industry-specific experience, clear communication, and transparent billing, all of which we aim to deliver. Our attorneys and staff work to keep every one of our clients well informed as a matter moves toward resolution. Business lawyers who prioritize billing over communication do their clients a disservice, which is why we do things differently.
Clients expect their cases to be staffed and managed in a way that is both effective and cost-conscious, not structured to maximize a firm’s billings. We staff matters leanly, typically with a single attorney and, where needed, a paralegal, rather than teams of partners and associates that can increase legal fees without adding proportional value. We manage legal fees the way businesses manage their own costs, in a controlled and deliberate manner.
Yes. While our office is located on North Central Avenue in central Phoenix, our attorneys represent business entities throughout Maricopa County and across Arizona, including in Scottsdale, Mesa, Tempe, Chandler, Glendale, Sedona, Flagstaff, Prescott, and Tucson. We are admitted in Arizona state and federal courts and travel as cases require. Arizona business lawyers who lack local relationships can struggle outside their home county; our attorneys travel regularly.
Most of our business litigation work is billed hourly, and our fee structure is discussed openly during the initial consultation and set out in the engagement agreement.
Yes, in contract dispute cases, subject to the discretion of the court.
One of the most important aspects of Arizona business litigation is the state’s attorney fee statute. Under A.R.S. § 12-341.01, Arizona courts may award attorney fees to the prevailing party in a contested contract action. This fee-shifting provision significantly affects how disputes are evaluated and negotiated, and it is a factor every Arizona business should understand before deciding whether to pursue or defend a claim.
The worst decision in a business dispute is usually no decision at all. Whether the question is how to respond to a demand letter, whether to file suit, or what to do about a complaint that has just arrived, our attorneys can help make sense of the options. Business owners facing a dispute are encouraged to call Resolvere Law PLLC at 480-702-2272 to schedule a confidential consultation with an experienced Phoenix business litigation attorney, Phoenix business litigation lawyer, or Phoenix business dispute lawyer at our law firm.
★★★★★Mark handled what the other party should have handled. Fair in his process — not aggressive but not soft. Professional and genuinely effective. I always knew exactly where my case stood.
★★★★★Responded quickly and gave me focused attention. Takes the time to explain everything clearly. Exactly what you need from a litigation attorney — no surprises, just results.
★★★★★Would recommend Mark to anyone needing real estate guidance. Extremely knowledgeable — and a great ability to explain complex issues in plain language that actually helps you decide.
★★★★★From our first call, Mark laid out every option and what each would cost me. The case settled on terms I didn’t think were possible. Honest, sharp, and completely on my side.
★★★★★He never left me guessing. Every update was clear, every call returned. When the other side pushed, Mark pushed back harder — and we won.
★★★★★Professional, responsive, and genuinely invested in the outcome. Mark explained the construction claim process step by step and got us a result that exceeded expectations.
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