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Complex Commercial Litigation

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Are you or your business involved in a complex business dispute? At Grant Law Partners, we know how to navigate complexity.

Complex commercial litigation encompasses legal disputes that involve intricate, multifaceted, and often high-stakes issues related to business and commercial activities. These cases typically go beyond simple contractual disputes and involve a wide range of legal and factual complexities. Complex commercial litigation can arise in various contexts, including corporate disputes, class actions, non-compete agreements, commercial transactions, intellectual property disputes, antitrust matters, securities litigation, disputes involving doctors, hospitals and healthcare providers, re-insurers, and more. Some key characteristics of complex commercial litigation include:

  • Multifaceted Issues. These cases involve multiple legal issues, often requiring expertise in various areas of law, such as contract law, corporate law, securities law, antitrust law, intellectual property law, and other specialized areas of practice. The disputes can be intricate and may have far-reaching consequences for the parties involved.
  • High Stakes. Complex commercial litigation often involves significant financial stakes. The outcome of these cases can have a substantial impact on the financial health and reputation of the businesses and individuals involved. Indeed, many complex commercial disputes are must-win, “bet-the-company” cases.
  • Multiple Parties. These cases may involve multiple parties with competing interests, such as corporations, shareholders, employees, competitors, and regulatory agencies. Managing these interests and the claims of all parties can be an additional source of complexity.
  • Lengthy Proceedings. Complex commercial litigation can be protracted, with litigation often spanning years. Extensive written discovery, multiple depositions, expert testimony, amendments to case management orders, and appeals can contribute to extended timelines.
  • Expert Witnesses. Given the technical and specialized nature of many issues in complex commercial litigation, expert witnesses are often critical. Experts in fields such as accounting, finance, economics, and others with industry-specific knowledge may be called upon to provide vital testimony and analysis.
  • Class Actions. Some complex commercial litigation cases may involve class action lawsuits, where typically one or more representatives of a class of plaintiffs sues a defendant or defendants. These cases can raise additional complexities related to class certification, notice to class members, added settlement pressure, court-approval of settlement terms, and claims administration.
  • Regulatory Involvement. In some cases, regulatory agencies such as the Securities and Exchange Commission (SEC), Federal Trade Commission (FTC), or antitrust authorities may be involved, adding yet another layer of complexity.
  • Settlement Negotiations. Given the costs and uncertainties associated with complex commercial litigation, parties often engage in multiple settlement negotiations. Negotiating settlements in these cases can be challenging, as parties often have divergent interests and positions, especially when one or more parties is a repeat litigant with reputational concerns that have little to do with the dispute at hand but which may affect their negotiating position in unrelated cases in the future.
  • Jurisdictional Issues. Complex commercial litigation can involve disputes over jurisdiction and venue, especially when parties are located in different states or countries. Determining the appropriate forum for the litigation can itself be contentious and sometimes even outcome determinative.
  • Specialized Counsel. Parties involved in complex commercial litigation typically seek the assistance of experienced attorneys who specialize in this field. These attorneys must have the knowledge and resources necessary to navigate the complexities of such cases.
  • Third-Party Financing/Litigation Funding. Depending on the nature of the dispute, it may be appropriate or desirable to finance the costs of complex commercial litigation using a third-party litigation funder. Successfully obtaining and negotiating the terms of such funding arrangements is its own source of complexity, but can prove a boon to general counsel confronted with a litigation budget often requiring a sizeable outlay of capital.

If you or your business is involved in a complex commercial dispute, you need legal counsel with the experience and background to handle intricate legal issues, prepare detailed litigation budgets, conduct extensive research and discovery, and advocate effectively—not only in mediation and other alternative dispute resolution processes, but in court. At Grant Law Partners, we thrive in these waters.

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