BUSINESS DISPUTES ARE NOT UNUSUAL ...
- 43%of small businesses are
THREATENED WITH A LAWSUIT
every year - 12 millionof contract lawsuits
FILED EVERY YEAR
AGAINST SMALL BUSINESSES - 90%of small businesses
EXPERIENCE A LAWSUIT
at some point in their lifespan
... but Each problem has its optimal solution
we design and implement your solution
leveraging our experience and knowledge of the dispute resolution system
contract disputes
breach of warranties
non-payment issues
demands to indemnify
termination and breach
commercial property evictions
franchising disputes
non-payment issues
demands to indemnify
termination and breach
commercial property evictions
franchising disputes
partnership disputes
ownership disputes
distribution of assets
misappropriation of funds
unfair competition
exit & dissolution
distribution of assets
misappropriation of funds
unfair competition
exit & dissolution
business wrongdoings
fraud and deceit
defamation and trade libel
conversion
unfair business practices
interference with contracts
defamation and trade libel
conversion
unfair business practices
interference with contracts
asset protection
trademark disputes
trade secrets
copyright infringement
reputation and goodwill
trade secrets
copyright infringement
reputation and goodwill
what to expect
All timelines are approximate and do not constitute a promise.
- gather informationWe will:
- review available information
- thoroughly investigate relevant information
- assess information for accuracy and reliability
- analyze information for potential claims and defenses
Timeline: 1-6 weeks1 - assess and strategizeWe will discuss with you
- your priorities and goals
- your timeline and resources
- available options and their pros and cons
- suggestions of the most optimal strategy
Timeline: 1-6 weeks2 - engage in resolutionWe will engage in:
- settlement negotiations
- mediation (if necessary)
- litigation or arbitration
Timeline: 12 weeks +3 - resolveWe will conclude the dispute with:
- settlement agreement
- dismissal of the lawsuit
- judgment or arbitration award
- suggested changes to business practices
Timeline: 2 weeks +4 - enforceWe will make sure that:
- settlement payments are paid
- dismissal of the lawsuit is filed
- judgment or arbitration award is enforced
Timeline: 4 weeks +5
FAQ
How long does litigation take?
It depends on the opposing party's openness to resolution, the available resources, the judge's docket, and many other factors. Some lawsuits may last years, but some can be resolved within months. To effectively resolve a dispute, it is crucial to have a well-thought-out strategy.
How much in attorney's fees does it take to resolve a business dispute?
The amount of attorney's fees depends on many factors, such as the fee arrangement, case complexity, hourly rate, and the course of the dispute resolution. Generally, the earlier the dispute is resolved, the less are the attorney's fees.
It is helpful to understand fee structures. Attorneys usually charge hourly rates. An hourly rate depends on the market (particular geographic and practice area), the attorney's experience, and the complexity of the individual case.
Some attorneys also offer contingency fees when they are paid a certain percentage of the recovered sums. This arrangement is particularly convenient for plaintiffs with a good chance of winning.
Some firms offer a combination of hourly and contingency fees.
Our firm offers competitive rates and a transparent Billing Policy. Our attorneys will inform you about significant expenses and consult with you about threshold decisions that may affect the value of the case.
It is helpful to understand fee structures. Attorneys usually charge hourly rates. An hourly rate depends on the market (particular geographic and practice area), the attorney's experience, and the complexity of the individual case.
Some attorneys also offer contingency fees when they are paid a certain percentage of the recovered sums. This arrangement is particularly convenient for plaintiffs with a good chance of winning.
Some firms offer a combination of hourly and contingency fees.
Our firm offers competitive rates and a transparent Billing Policy. Our attorneys will inform you about significant expenses and consult with you about threshold decisions that may affect the value of the case.
Should I respond to a demand or cease-and-desist letter on my own?
It is better to consult with an attorney before you respond to a demand or cease-and-desist letter. It is essential to understand your rights, defenses, remedies, and how your statements may be used against you. The attorney will explain your options and develop a strategy to resolve your dispute.
What stages does a lawsuit go through?
Lawsuit stages can vary depending on court rules, the nature of the dispute, and parties' resources. Generally, a trial level lawsuit can be roughly explained in four stages. Please remember that a dispute may be resolved at any stage or even before the lawsuit is filed.
1. Pleading stage. A lawsuit starts with the pleading stage when the plaintiff files a complaint, obtains summons, serves summons and the complaint on the defendant. The defendant responds to the complaint either through "answer" or other papers, such as a motion to dismiss, demurrer, motion to strike, motion to change venue, objections to jurisdiction, and the like. If the defendant does not respond on time, the plaintiff may request to enter a default and then apply for a default judgment.
2. Discovery. At this stage, parties may request documents, and send requests for admission and interrogatories. The other party has to respond and produce the requested information unless this information is privileged or protected. Parties may also subpoena information from non-parties.
After the written information is gathered, parties may start depositions. A deposition is a semi-official proceeding (without a judge, but with a court reporter) where an attorney can ask the deponent various questions. The deponent has to respond under oath unless there is a valid privilege, in which case the deponent may refuse to respond.
Depending on the case, parties may also conduct "expert discovery." They hire experts, exchange expert reports, and do depositions of the experts.
3. Motions. Throughout the lawsuit, parties may file various motions, such as motion for summary judgment, motion for judgment on the pleadings, application for attachment, motions related to admissibility of evidence at trial, motion for bifurcation, and other motions.
4. Trial and post-trial. Trials consist of each party presenting its evidence to the judge and the jury (or just the judge without jury). Attorneys may also consider motions after the trial. After the trial-level decision, depending on the grounds, the decision may be appealed.
1. Pleading stage. A lawsuit starts with the pleading stage when the plaintiff files a complaint, obtains summons, serves summons and the complaint on the defendant. The defendant responds to the complaint either through "answer" or other papers, such as a motion to dismiss, demurrer, motion to strike, motion to change venue, objections to jurisdiction, and the like. If the defendant does not respond on time, the plaintiff may request to enter a default and then apply for a default judgment.
2. Discovery. At this stage, parties may request documents, and send requests for admission and interrogatories. The other party has to respond and produce the requested information unless this information is privileged or protected. Parties may also subpoena information from non-parties.
After the written information is gathered, parties may start depositions. A deposition is a semi-official proceeding (without a judge, but with a court reporter) where an attorney can ask the deponent various questions. The deponent has to respond under oath unless there is a valid privilege, in which case the deponent may refuse to respond.
Depending on the case, parties may also conduct "expert discovery." They hire experts, exchange expert reports, and do depositions of the experts.
3. Motions. Throughout the lawsuit, parties may file various motions, such as motion for summary judgment, motion for judgment on the pleadings, application for attachment, motions related to admissibility of evidence at trial, motion for bifurcation, and other motions.
4. Trial and post-trial. Trials consist of each party presenting its evidence to the judge and the jury (or just the judge without jury). Attorneys may also consider motions after the trial. After the trial-level decision, depending on the grounds, the decision may be appealed.
What is Alternative Dispute Resolution (ADR)?
Alternative Dispute Resolution is a way of resolving your dispute without litigation. Some courts facilitate ADR by asking or mandating certain types of ADR. ADR types include neutral evaluation, mediation, settlement conference, arbitration, and the like.
What is mediation?
Mediation is when a neutral third party, the mediator, facilitates settlement discussions between parties. The mediator may suggest specific terms of settlement, but those terms are not binding unless both parties agree to them.
What is arbitration and is it better than going to court?
Arbitration is a private dispute resolution with a binding result. Arbitration is usually mandatory if the parties agree to it through an arbitration agreement. However, arbitration may be waived if a party files a lawsuit in a court, and the other parties do not timely object to it.
Advantages of arbitration:
- it is more informal and streamlined
- it may be faster than courts because there are usually no appeal proceedings
- discovery proceedings may be more limited than in courts
- case records are less available to the public, making arbitration more confidential
- it may limit the potential for a class action
- there is no jury, which in some cases may help your case
Disadvantages of arbitration:
- arbitrator's award is final and usually cannot be appealed
- discovery proceedings may be more limited
- arbitration can be expensive because of administrative and arbitrator's fees
- there is no jury option, which in some cases may affect your case negatively
Whether arbitration is better for your situation will depend on your resources, timeline, preferences for confidentiality, and other factors, which you should discuss with your attorney.
Advantages of arbitration:
- it is more informal and streamlined
- it may be faster than courts because there are usually no appeal proceedings
- discovery proceedings may be more limited than in courts
- case records are less available to the public, making arbitration more confidential
- it may limit the potential for a class action
- there is no jury, which in some cases may help your case
Disadvantages of arbitration:
- arbitrator's award is final and usually cannot be appealed
- discovery proceedings may be more limited
- arbitration can be expensive because of administrative and arbitrator's fees
- there is no jury option, which in some cases may affect your case negatively
Whether arbitration is better for your situation will depend on your resources, timeline, preferences for confidentiality, and other factors, which you should discuss with your attorney.
Can I settle the lawsuit after it was already filed?
Yes. Even if the lawsuit was filed, you may still settle the dispute and include the dismissal as one of the terms of the settlement agreement. Generally, if the case is entirely settled, it is dismissed "with prejudice," which means that parties may not file the lawsuit again. Please consult with an attorney regarding the correct procedures for dismissal and the terms to include in the settlement agreement.
Which state and which court should I sue in?
It depends on the location of the defendant, the location of the underlying events, the "forum selection clause" in the contract, the residence of potential witnesses, and other factors. Please consult with an attorney about this question because the venue may affect your case and the dispute resolution strategy.
When do I need to hire an attorney to resolve a business dispute?
As soon as you realize there is a dispute, you should contact an attorney to understand the implications, potential claims and defenses, and your legal rights and remedies. The sooner you understand your options and develop a strategy, the more leverage you have in resolving the dispute.
business law blog
Resources here are NOT LEGAL ADVICE.
Anyone seeking legal advice should retain an attorney.
Anyone seeking legal advice should retain an attorney.
Free 15-minute Call with our attorney
(202) 725-0523
(415) 237-3938
(415) 237-3938
connect
by clicking the icon above or texting via the icon at the bottom right corner.
All consultations are done via videoconferencing or phone calls.
All consultations are done via videoconferencing or phone calls.
by phone
(202) 725-0523
(Messages, WhatsApp, Telegram, KakaoTalk)
(415) 237-3938
Fax: (202) 99-88-602
Free 15-minute call with our attorney
Monday through Friday
from 9 AM to 6 PM (EST).
(Messages, WhatsApp, Telegram, KakaoTalk)
(415) 237-3938
Fax: (202) 99-88-602
Free 15-minute call with our attorney
Monday through Friday
from 9 AM to 6 PM (EST).
connect@iblawfirm.com
Contacting IB Law Firm does not establish any attorney-client relationship.
Please do not submit any confidential information or documents.
IB Law Firm will first need to check for conflict of interest and determine whether it is willing and otherwise able to accept the engagement.
Contacting IB Law Firm does not establish any attorney-client relationship.
Please do not submit any confidential information or documents.
IB Law Firm will first need to check for conflict of interest and determine whether it is willing and otherwise able to accept the engagement.
- our offices
Washington, D.C. &
San Francisco, CA - DC Office
(202) 725-0523300 New Jersey Ave. NW, Suite 900, Washington, D.C. 20001
Our office is conveniently located steps away from the Capitol and walking distance from the Archives Metro Station, Capitol South Metro Station, Federal Center SW Metro Station, Union Metro Station, and Judiciary Square Metro Stations.
Parking is available on-site. - San Francisco Office
(415) 237-39384 Embarcadero Center, Ste. 1400, San Francisco, CA 94111
Our office is overlooking San Francisco Ferry Park, steps away from the San Francisco business center, 30 minutes away from San Francisco International Airport, and walking distance from the Embarcadero Metro Station.
D.C. Office: 300 New Jersey Avenue NW, Suite 900, Washington, D.C. 20001
San Francisco Office: 4 Embarcadero Center, Ste. 1400, San Francisco, CA 94111
Hours: Monday to Friday
9 AM to 6 PM
+1-202-725-0523
+1-415-237-3938
connect@iblawfirm.com
San Francisco Office: 4 Embarcadero Center, Ste. 1400, San Francisco, CA 94111
Hours: Monday to Friday
9 AM to 6 PM
+1-202-725-0523
+1-415-237-3938
connect@iblawfirm.com
All rights reserved