Commercial and Financial Litigation
A supplier stops shipping product under a signed purchase agreement, leaving a Phoenix distributor scrambling to fill orders it already promised customers. A departing sales manager walks out with a client list and starts calling on those same accounts for a competitor down the street. A landlord and a commercial tenant cannot agree on who pays for a build-out that ran over budget. Commercial disputes rarely arrive with much warning, and they tend to escalate quickly once money, contracts, or a company’s standing in the market are on the line.
At Resolvere Law, our Phoenix commercial litigation lawyers and attorneys represent companies across the greater Phoenix metro area and throughout Arizona, from single-location retailers to regional distributors, contractors, and franchise operators. Our commercial litigation practice covers breach of contract claims, business torts, unfair competition, commercial real estate disputes, and disputes arising under Arizona’s Uniform Commercial Code, along with the many other conflicts that surface when a commercial relationship breaks down.
If your company is facing a commercial dispute, we invite you to call us at 480-702-2272 for a consultation. Once we learn about your matter we can explain the options available and how we can help you in seeking your desired outcome.
Commercial litigation is the area of business law that concerns legal disputes arising out of business transactions and commercial relationships, as opposed to disputes between private individuals over personal matters. A commercial litigation case can involve a written contract, an ongoing vendor relationship, a commercial lease, a financing arrangement, or a dispute between companies over the sale of goods.
In addition to commercial litigation, there is also a subset of cases referred to as “complex commercial litigation.” These cases often involve multiple parties, substantial amounts of money, and high stakes (sometimes even the future of a company, which is often seen in intellectual property litigation matters and trade secret matters). We represent clients in both traditional commercial litigation matter and complex litigation matters.
Because Phoenix hosts a large and growing base of retailers, distributors, contractors, and professional service firms, Phoenix commercial litigation attorneys in the area regularly handle disputes that touch supply chains, commercial real estate, and business-to-business contracts.
The terms “commercial litigation” and “business litigation” are often used synonymously. In practice, business litigation covers the full range of business conflicts that can involve a company, including internal partnership and shareholder disputes, disputes over fiduciary duties or ownership rights, employment-related claims, and allegations of business fraud or embezzlement.
Commercial litigation is a subset of business litigation such that commercial litigation involves disputes that arise from commercial transactions and dealings with vendors, customers, suppliers, contractors, and others, often regarding contractual matters, sales, licenses, and similar matters. A company facing a dispute with another business over a deal gone wrong, rather than a dispute with a partner, a shareholder, or an employee, is a type of commercial litigation matter.
Commercial disputes take many forms, and the right strategy depends heavily on the type of transaction and relationship involved. Our commercial litigation lawyers in Phoenix regularly handle:
Arizona has adopted its own version of the Uniform Commercial Code at Arizona Revised Statutes Title 47, which governs contracts for the sale of goods, commercial paper, and secured transactions between businesses. When a commercial dispute involves the sale of goods, such as a distributor’s claim that a supplier delivered defective or nonconforming product, the UCC often supplies the legal standards governing the commercial relationship, such breach of warranty, remedy, and statute of limitation matters, absent other specific written warranties that may be controlling.
A breach of contract claim generally requires a valid contract, a breach or failure to fully perform by the other party, and damages that result from the breach.
In a commercial context, the contract might be a vendor agreement, a distribution agreement, a commercial lease, or a purchase order, and the breach might involve a missed delivery, a payment that was never made, or a failure to meet an agreed specification. Arizona law treats written and unwritten agreements differently for purposes of how long a business has to sue, which is covered in more detail below. As breach of contract lawyers, we assist clients in understanding their rights and defenses in matters concerning contract breaches.
Arizona law gives a business six years to sue over a breach of a written contract under A.R.S. § 12-548. A claim based on an unwritten or oral business agreement must generally be filed within three years under A.R.S. § 12-543. A claim for fraud or mistake in a commercial transaction is also subject to a three-year period under A.R.S. § 12-543, though the clock does not start running until the aggrieved business discovers the facts giving rise to the claim.
A claim for injury to property or conversion of business assets carries a two-year limitation under A.R.S. § 12-542. A breach of warranty claim on the sale of goods under Arizona’s Uniform Commercial Code must generally be filed within four years under A.R.S. § 47-2725. Missing one of these deadlines can bar a company from recovering on an otherwise valid claim, which is why it is important to contact an Arizona business dispute attorney as soon as possible.
Unlike some other states, Arizona has no statute that broadly bans or caps non-compete agreements.
A court may examine whether any restriction is broader than reasonably necessary to protect the business’s legitimate interests, considering its duration, geographic scope, and the type of work restricted.
A non-solicitation agreement may fall under similar scrutiny, where courts consider whether restrictions target specific clients or coworkers, and whether legitimate business interests are at stake. Note, however, licensed professionals, such as medical doctors in Arizona, cannot be generally barred from serving former patients.
Arizona courts follow what is known as the “blue pencil” rule with respect to considering whether provisions of a non-compete agreement should be upheld. Under this rule, Arizona courts will not modify or rewrite an overly-broad term to make it reasonable; instead, the terms must be found to be enforceable as written. If the clause is found to be unenforceable, the courts will strike the applicable provision entirely. To learn more, please visit our Non-Compete Lawyer page.
Unfair competition claims in a commercial dispute often involve tortious interference with a contract or business expectancy, misappropriation of trade secrets, or the use of confidential business information by a former employee or business partner.
A tortious interference claim generally requires proof of a valid contract or business expectancy, the opposing party’s knowledge of that relationship, intentional interference, and resulting damages. Arizona’s version of the Uniform Trade Secrets Act, found at A.R.S. § 44-401 et seq., allows a business to pursue damages and injunctive relief when a competitor or former insider misuses information that qualifies as a trade secret, such as customer lists, pricing formulas, or proprietary processes, so long as the business took reasonable steps to keep that information confidential. Our business fraud page addresses related claims, including allegations of embezzlement and other business torts that can accompany a commercial dispute.
The commercial litigation process involves multiple stages, each requiring careful planning and execution. Understanding how the process unfolds helps businesses make informed decisions through each stage of the process. By working with your commercial litigation lawyers, you’ll understand and be prepared for each step in the process.
An initial consultation allows us to review the contract or transaction at issue, assess potential claims and defenses, and identify relevant deadlines, such as a notice requirement in a contract or an approaching statute of limitations. This stage establishes expectations and outlines the legal process ahead.
This is also where we provide our assessment of the case and recommendations and the possible resolution opportunities available, which might include negotiation, arbitration, or a lawsuit. Once a client has chosen a path forward, our next step is to develop a strategy designed to achieve the client’s commercial litigation objectives.
During discovery, the parties exchange documents, written discovery requests, and deposition testimony related to the dispute. In a commercial case, this often includes contracts, invoices, correspondence (including emails), and financial records (including electronic records). Depending upon the nature of the case, there may be a very limited number of documents that need to be produced, or there could be thousands (or tens of thousands) of individual documents, such as emails, that need to be produced.
Discovery in commercial litigation can be document-intensive, particularly when a dispute involves years of an ongoing business relationship, and a commercial litigation attorney works to keep the process proportional to what the case actually requires.
Most commercial cases will involve negotiation at various stages of the process. Negotiation can be particularly helpful at the outset of a case while parties explore the possibilities of resolving a case before substantial time and money are invested. Negotiation is also helpful in the later stages after critical discovery has been conducted when both sides understand the evidence that is likely to be introduced at trial.
Mediation is often commonly used to help resolve matters in Arizona commercial litigation cases. During mediation, a neutral (called the mediator) helps parties in seeking to craft a resolution to a dispute. As Arizona business mediators, we have helped countless businesses successfully resolve disputes through the mediation process.
Most commercial disputes settle before trial, but when a case does proceed to trial, the parties present evidence and argument to a judge or jury in Maricopa County Superior Court (or the appropriate Superior Court in Arizona) or, for certain disputes, in federal court. After trial, the losing party may file post-trial motions or an appeal, which can extend the timeline before a dispute is fully resolved.
After trial, post-trial motions or appeals may follow depending on the verdict. In the event of an unsuccessful outcome, we are available to handle any appeals that may be desired. In general, appeals must be made on the basis that an error occurred during trial, such as the introduction of evidence that should not have been allowed, rather than a belief that the trial should have had a different outcome.
Many commercial disputes resolve through negotiation, mediation, or arbitration rather than a trial. Settlement discussions are common throughout a commercial litigation case, and Arizona Rule of Evidence 408 generally prevents settlement communications from being used to prove or disprove the validity of a disputed claim, which allows businesses to negotiate candidly without those discussions being held against them later. Arbitration is common when the underlying contract contains an arbitration clause, and mediation is often used even without a contractual requirement, since it allows the parties to control the outcome rather than leaving it to a judge or jury. Our alternative dispute resolution page reviews arbitration and mediation options for business disputes in more detail.
A preliminary injunction is a court order that requires a party to do or stop doing something while a case is pending. Arizona provides the grounds for granting preliminary injunctions at A.R.S. § 12-1801.
In a commercial dispute, a business might seek a preliminary injunction to stop a former employee from using misappropriated trade secrets, to prevent a party from violating a non-compete agreement, or to preserve the status quo while a contract dispute is litigated.
Arizona Rule of Civil Procedure 65 governs the procedure for seeking a temporary restraining order or preliminary injunction, including the requirement that the moving party show it is likely to suffer immediate and irreparable harm without the order. Because injunctive relief usually needs to be sought quickly, businesses that suspect this kind of harm is happening are encouraged to contact a commercial litigation attorney as soon as possible.
It is rarely too early. A business that has received a demand letter, discovered a breach, or noticed a competitor using misappropriated information benefits from involving a commercial litigation attorney before a lawsuit is even filed. Early legal advice can help a company avoid making statements or taking actions that weaken its position later, preserve evidence that might otherwise be lost, and meet any notice deadlines written into the underlying contract. Waiting until after being served with a lawsuit narrows the options available and can shorten the time available to respond.
Commercial litigation attorneys generally bill by the hour, as the total time required for cases generally is not predicable, as some cases can be settled fairly quickly while others that result in trial may take a couple of years. Legal costs vary significantly based on how much discovery a case requires, whether expert witnesses are needed, and how far the case proceeds before resolving.
In some cases a lawyer may charge on a fixed fee basis, such as to write a demand letter or in a simple collection case.
Possibly. In many contested contract actions, A.R.S. §§ 12-341 and 12-341.01 give a Phoenix court discretion to award costs and reasonable attorney fees to the prevailing party, which can offset some of the expense for a business that succeeds on a contract claim, but this offset is only applicable if a case goes to trial. Discussing fee structure and likely costs during the initial consultation helps a business budget for the dispute realistically.
We would suggest that businesses consider the following:
Phoenix businesses facing a commercial dispute need attorneys who understand both the legal issues and the practical pressure a lawsuit puts on daily operations. Our commercial litigation attorneys work directly with business owners and in-house teams to evaluate claims and defenses early, communicate clearly about strategy and cost, and pursue the resolution, whether through negotiation, arbitration, or trial, that best protects a company’s operations and reputation. We represent companies across a range of industries, including retail, distribution, construction, and professional services, and tailors its strategy to the realities of each business rather than applying a one-size-fits-all approach.
We approach each commercial dispute by first identifying what a business actually needs from the outcome, whether that is recovering money owed, stopping ongoing harm through injunctive relief, or preserving an important business relationship where possible. That assessment shapes whether the firm recommends early settlement discussions, arbitration, or moving directly toward litigation in Maricopa County Superior Court. Where litigation becomes necessary, the firm keeps clients informed of major developments and costs throughout the case rather than only at its conclusion.
A commercial dispute is a type of civil lawsuit. Civil litigation is the broader category covering any non-criminal legal dispute, while commercial litigation refers specifically to civil disputes that arise out of business transactions and commercial relationships.
Timelines vary widely depending on the complexity of the dispute and whether it settles before trial. A straightforward contract dispute can sometimes resolve within several months, while a complex commercial case involving extensive discovery or multiple parties can take a year or longer to reach trial in Maricopa County Superior Court.
Depending on the company’s contacts with Arizona, such as conducting business in the state or entering into a contract to be performed there, an Arizona court may have jurisdiction over an out-of-state company. A commercial litigation attorney evaluates jurisdiction and venue early in a case, since a company with limited Arizona contacts may be able to challenge whether it can be sued there at all.
A breach of contract claim typically relies on the written or oral agreement itself, correspondence between the parties, invoices or payment records, and any communications documenting the alleged breach. Contemporaneous records, meaning documents created at the time of the events rather than after a dispute arises, tend to carry the most weight.
Many commercial disputes are resolved before trial through settlement, arbitration, or mediation. When a case does proceed to trial, either party generally has the right to request a jury unless the underlying contract contains an enforceable jury waiver or arbitration clause.
A business that discovers a breach should preserve the contract and related records, avoid taking actions that could be read as accepting the breach, and consult a commercial litigation attorney about applicable deadlines before responding to the other party.
Yes. We represent businesses throughout the greater Phoenix area and across Arizona, including Scottsdale, Mesa, and Tucson, in addition to matters filed in Maricopa County Superior Court.
Businesses facing a commercial dispute in state or federal courts are encouraged to call Resolvere Law at 480-702-2272 for a consultation. Early legal guidance often shapes which options, negotiation, arbitration, or litigation, remain realistically available.
★★★★★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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