New York businesses of all sizes and types live in a reality marked by both opportunity and challenge.
The latter is of course constant and evolving. Negotiations are always ongoing concerning various matters. Buy/sell decisions can be a recurring focus, as might be merger/acquisition considerations. Shareholders demand attention, as do pricing, regulatory compliance, financing and scores of other matters.
One of those can be a material contractual dispute or, as termed in a recent business article discussing commercial litigation resolution, an outsized “legal squabble.”
Those can be sizable and nasty, and they often confront a business owner with a fundamental challenge: Should a dispute be settled in a forum other than court (e.g., via arbitration or mediation) or, conversely, taken to trial?
Candidly, that can be a hard call to make, especially prior to full consideration of all relevant factors. How seemingly intractable is the problem? Will experts need to be retained for consultation? Are core issues relatively straightforward or, instead, rendered complex by technical subject matter? How much document production will be involved? What law governs?
Those questions can go on for some time and lead to what the above-cited article terms “a morass of unpredictability” sometimes linked with formal litigation before a judge and jury in a courtroom.
Sometimes the bottom line logically demands that business parties seek to resolve a sizable contractual dispute outside of court through a process offering a meaningful alternative to formal litigation.
At other times, though, pure necessity mandates that business owners take a contested matter to trial. The aforementioned overview on dispute resolution notes that there are indeed occasions when “the rewards of going to trial outweigh the risks.”
At the established New York City commercial law firm of Rich Michaelson Magaliff, LLP, we help valued and diverse clientele reach sound conclusions regarding conflict resolving strategies. We note on our website that a proven business law legal team always stands ready to promote a client’s best interests through both settlement mechanisms outside court and, when necessary, strong advocacy at trial.
We welcome contacts to the firm concerning the work we do on behalf of business owners in New York and elsewhere.