Business Litigation

Unfortunately one of the costs of doing business is occasionally having to litigate disputes with the people or entities you do business with. Business litigation has become so widespread that special parts have been set up in the New York Court system called Commercial Parts that specialize solely in resolving business disputes. The nature of such disputes are seemingly limitless including breach of contract, tortuous interference with contract or economic opportunity, unfair competition, business defamation amongst others.

          This area of law has become increasingly more complex due to governmental regulations-both statutory and departmental. In analyzing one’s likelihood of success in litigating a business dispute a competent attorney must consider the impact of the Uniform Commercial Code, the General Business Law, General Obligations Law, and depending upon the nature of the business, the Business Corporation Law, Limited Liability Company Law, Partnership Law, amongst other statutes, both state and federal.

          Arbitration has provided an alternative method of resolving business disputes but absent an agreement to arbitrate, one cannot be compelled to submit to arbitration. Many contracts mandate arbitration and often require it be conducted by the American Arbitration Association, although many new entities now provide such service. With the increasing cost of litigation parties have considered alternative methods of resolving their disputes including mediation and non-binding arbitration. While generally the filing fees for these alternative methods is more expensive than court litigation, the limitations on pre-trial disclosure often results in substantial cost savings making these alternative methods economically viable.

Hoffman, Polland & Furman, PLLC.
220 East 42nd Street
New York, New York 10017
Phone: 212-338-0700
Fax: 212-338-0093