Commercial Litigation / Business Disputes
Business disputes can threaten everything you have built. Whether you are facing a breach of contract, partnership conflict, or fraud allegation, the outcome of commercial litigation directly impacts your company’s future. At Varnavides Law, we provide strategic representation for businesses and individuals involved in complex commercial disputes throughout California.
Our commercial litigation lawyer brings a unique perspective to business disputes. With a decade of experience defending broker-dealers and financial institutions, we understand how the other side thinks. This insider knowledge helps us anticipate opposing strategies and protect your business interests more effectively.
Key Takeaways
- Commercial litigation resolves disputes between businesses or individuals in business contexts
- Most business lawsuits settle before trial, but preparation for trial strengthens your position
- A commercial litigation attorney handles everything from contract disputes to complex fraud cases
- Understanding the opposing side’s tactics gives you a strategic advantage in negotiations
- We offer flexible fee arrangements, including contingency options for qualifying cases
What Is a Commercial Litigation Lawyer?
A commercial litigation lawyer represents businesses and individuals in legal disputes arising from business transactions and relationships. Unlike transactional attorneys who draft contracts and structure deals, commercial litigators step in when those relationships break down and disputes require resolution through negotiation, arbitration, or court proceedings.
Commercial litigation encompasses a broad range of business conflicts. Recent litigation trends indicate that nearly half of corporate counsel expect the number of lawsuits and regulatory investigations affecting their organizations to increase in 2025. This trend underscores the importance of having experienced legal representation ready to protect your business interests.
What Commercial Litigators Handle
- Breach of contract claims
- Partnership and shareholder disputes
- Fraud and misrepresentation
- Trade secret protection
- Unfair competition claims
- Breach of fiduciary duty
What Sets Them Apart
- Trial experience and courtroom advocacy
- Complex document review and discovery
- Strategic negotiation skills
- Industry-specific knowledge
- Alternative dispute resolution expertise
- Risk assessment and case evaluation
When You Need a Commercial Litigation Attorney
Business disputes can arise suddenly, and the timing of your response matters. Engaging a commercial litigation attorney early often leads to better outcomes, whether through favorable settlements or stronger positions at trial.
Consider consulting a business litigation attorney when you experience any of these situations:
- A business partner violates your agreement. When a partner fails to fulfill contractual obligations, diverts company funds, or makes unauthorized decisions, legal intervention may be necessary to protect your interests.
- A vendor or supplier breaches a contract. Delayed deliveries, substandard products, or failure to perform contracted services can disrupt your operations and cause financial harm.
- Someone accuses your business of wrongdoing. Whether you face allegations of fraud, breach of contract, or unfair competition, you need immediate representation to protect your reputation and financial position.
- A competitor engages in unfair practices. Trade secret theft, tortious interference with contracts, or false advertising by competitors requires swift legal action.
- You discover financial irregularities. Embezzlement, accounting fraud, or misappropriation of company assets demands investigation and potential legal action.
Time-Sensitive Matters: Many commercial claims have statutes of limitations that vary by claim type and jurisdiction. Under California Code of Civil Procedure Section 337, breach of written contract claims must generally be filed within four years. Waiting too long to consult an attorney may limit your legal options.
Types of Commercial Disputes We Handle
Our commercial litigation practice addresses the full spectrum of business disputes. We represent both plaintiffs seeking to enforce their rights and defendants protecting against unjustified claims.
| Dispute Type | Common Scenarios | Typical Resolution |
|---|---|---|
| Breach of Contract | Non-payment, failure to deliver, service disputes | Damages, specific performance, contract termination |
| Partnership Disputes | Profit sharing conflicts, management disagreements, dissolution | Buyouts, restructuring, judicial dissolution |
| Fraud Claims | Misrepresentation, concealment, Ponzi schemes | Damages, rescission, punitive awards |
| Trade Secret Misappropriation | Employee departures, competitor theft | Injunctions, damages, attorney fees |
| Shareholder Actions | Oppression, derivative claims, inspection rights | Court orders, buyouts, governance changes |
| Real Estate Disputes | Lease disputes, construction defects, boundary issues | Damages, specific performance, partition |
The Commercial Litigation Process
Understanding the litigation process helps you make informed decisions about your case. According to the U.S. Courts Caseload Statistics, approximately 95% of civil lawsuits resolve before trial, but preparing thoroughly for trial often leads to better settlement outcomes.
Pre-Litigation Phase
Before filing a lawsuit, we evaluate your claims or defenses, gather evidence, and often attempt to resolve the dispute through negotiation or demand letters. This phase allows us to assess the strength of your position and explore resolution options that avoid the expense and uncertainty of litigation.
Filing and Pleadings
If pre-litigation efforts fail, we file a complaint outlining your claims or respond to claims filed against you. This stage establishes the legal framework for the dispute and sets procedural timelines for the case.
Discovery
Discovery is typically the longest phase of commercial litigation. Both parties exchange documents, conduct depositions, and gather evidence to support their positions. Effective discovery often reveals information that shapes settlement discussions or trial strategy.
Motion Practice
Throughout litigation, parties may file motions to resolve legal issues, limit claims, or even end the case before trial. Summary judgment motions, for example, can dispose of claims or defenses when the facts are undisputed.
Trial and Post-Trial
Cases that do not settle proceed to trial before a judge or jury. After trial, parties may pursue appeals or enforcement of judgments. Our trial experience ensures you are prepared for this stage if settlement proves impossible.
Settlement Reality: According to court statistics, the vast majority of civil cases settle before trial. However, being prepared for trial and demonstrating that preparation to opposing counsel often leads to more favorable settlement terms.
Breach of Contract Litigation
Breach of contract represents the most common form of commercial litigation. When one party fails to perform their contractual obligations, the other party may seek legal remedies including damages, specific performance, or contract rescission.
Successful breach of contract claims require proof of four essential elements:
Elements You Must Prove
- Valid contract exists: Written or oral agreement with definite terms
- Your performance: You fulfilled your contractual duties or were excused from performance
- Defendant’s breach: The other party failed to perform as required
- Resulting damages: You suffered financial harm from the breach
Common Defenses
- No valid contract: Lack of consideration, mutual assent, or capacity
- Excuse of performance: Impossibility, frustration, or waiver
- Prior material breach: The plaintiff breached first
- Statute of limitations: Claim filed too late
Contract disputes saw a notable 15% increase in filings during 2023, reflecting recovery from pandemic-related declines and evolving business relationships. Our experience with complex contractual disputes, including those involving financial instruments and investment agreements, allows us to handle sophisticated breach claims effectively.
Partnership and Shareholder Disputes
Business relationships between partners and shareholders can deteriorate over disagreements about management, profit distribution, or company direction. These disputes often involve heightened emotions and complex legal issues requiring careful navigation.
Common partnership and shareholder conflicts include:
- Breach of fiduciary duty: Partners and majority shareholders owe duties of loyalty and care to the business and minority owners. Violations can include self-dealing, usurping business opportunities, or misappropriating company assets.
- Oppression of minority shareholders: When majority owners exclude minority shareholders from management, withhold distributions, or engage in squeeze-out tactics, the minority may have legal remedies.
- Deadlock situations: When owners cannot agree on fundamental business decisions, judicial intervention may be necessary to break the impasse.
- Dissolution disputes: Disagreements about winding up the business, valuing assets, or distributing proceeds often require litigation to resolve.
Our experience with securities litigation and financial industry disputes provides valuable perspective on complex valuation issues and fiduciary duty claims that often arise in partnership conflicts.
Fraud and Business Torts
Business fraud takes many forms, from intentional misrepresentation in transactions to elaborate schemes designed to defraud investors or business partners. Pursuing or defending against fraud claims requires understanding both the legal elements and the practical challenges of proving fraudulent intent.
Types of business fraud we handle include:
Transaction Fraud
False statements or concealment of material facts in business transactions, including purchase agreements, investment offerings, and service contracts.
Investment Fraud
Ponzi schemes, securities fraud, and misappropriation of investor funds. Our breach of fiduciary duty experience applies directly to these cases.
RICO Claims
Complex fraud schemes may give rise to civil RICO claims, which can provide enhanced damages and attorney fees for successful plaintiffs.
Fraud claims face heightened pleading standards under Federal Rule of Civil Procedure 9(b), requiring specific allegations of who made false statements, what was said, when and where it was communicated, and why it was false. The SEC Division of Enforcement also pursues fraud cases in the securities context, making experienced legal representation essential. Our litigation experience ensures your claims meet these technical requirements.
Alternative Dispute Resolution
Not every commercial dispute requires courtroom litigation. Alternative dispute resolution methods, including mediation and arbitration, often provide faster, more cost-effective, and more private resolution of business conflicts.
| Method | Process | Best For |
|---|---|---|
| Mediation | Neutral third party facilitates negotiation between parties | Preserving relationships, creative solutions, privacy |
| Arbitration | Private judge renders binding decision after hearing evidence | Speed, expertise, contractual requirements |
| Early Neutral Evaluation | Expert provides non-binding assessment of claims | Reality-testing positions, narrowing issues |
Many commercial contracts contain mandatory arbitration clauses that require disputes to be resolved outside of court. According to FINRA Dispute Resolution Statistics, arbitration typically resolves cases faster than court litigation. Our extensive experience with FINRA arbitration and other arbitration forums means we can represent you effectively in these proceedings.
Why Choose Our Commercial Litigation Team
Selecting the right commercial litigation lawyer affects not only the outcome of your case but also the cost and efficiency of reaching that outcome. Our approach combines aggressive advocacy with practical business judgment.
Insider Defense Experience
Gary Varnavides spent 10 years at Sichenzia Ross Ference LLP defending broker-dealers against investor claims. This experience provides invaluable insight into how opposing counsel thinks, what strategies they employ, and how to counter them effectively.
Proven Track Record
Recognized as a Super Lawyers Rising Star from 2015 to 2023, representing the top 2.5% of attorneys in the New York Metro area. Licensed in California, New York, and New Jersey for multi-jurisdictional matters.
Our strategic approach focuses on your business objectives, not just legal wins. We consider the commercial implications of every decision and work toward outcomes that protect your interests both in and out of court.
Our Experience in Commercial Litigation
We have successfully represented clients in complex commercial disputes across multiple forums, including state and federal courts and arbitration panels. Our representative matters include:
- Federal court defense victory: Secured dismissal of copyright infringement and breach of contract claims against an investment firm. The Third Circuit Court of Appeals upheld the decision on appeal.
- Financial industry litigation: Obtained complete dismissal of all claims against a financial services firm at the motion stage.
- FINRA arbitration: Successfully defended against Ponzi-scheme fraud allegations, achieving full dismissal.
- SEC-related matters: Resolved complex litigation involving SEC feeder fund claims.
- Professional negligence: Pursued seven-figure damages in professional liability matters.
This experience spans both plaintiff and defense work, giving us perspective that many commercial litigators lack. Understanding both sides of the courtroom helps us craft more effective strategies for our clients.
Fee Arrangements for Commercial Litigation
We understand that litigation costs concern business owners facing disputes. We offer several fee arrangements depending on the nature of your case:
- Contingency fees: For qualifying cases, we receive payment only if we recover money for you. The specific percentage is discussed during your consultation.
- Hourly rates: Traditional billing for matters not suitable for contingency arrangements.
- Hybrid arrangements: Reduced hourly rates combined with a success fee upon favorable resolution.
During your initial consultation, we discuss the fee structure most appropriate for your case and provide clear expectations about potential costs.
Frequently Asked Questions About Commercial Litigation
What is the difference between commercial litigation and business litigation?
The terms are often used interchangeably. Both refer to legal disputes arising from business relationships and transactions. Some attorneys distinguish between them based on the parties involved or the complexity of the matter, but in practice, commercial litigation and business litigation cover the same range of disputes, from contract breaches to fraud claims.
How long does commercial litigation typically take?
The timeline varies significantly based on case complexity, court schedules, and whether the parties are willing to settle. Simple contract disputes may resolve within six months to a year. Complex commercial cases involving extensive discovery and multiple parties can take two to three years or longer to reach trial. Many cases settle during the litigation process, often after discovery reveals the strengths and weaknesses of each side’s position.
Can I pursue commercial litigation if I signed an arbitration agreement?
Arbitration agreements generally require you to resolve disputes through private arbitration rather than court litigation. However, these agreements may not cover all claims, and their enforceability can be challenged in certain circumstances. We review your contracts to determine whether arbitration is required and represent you effectively in arbitration proceedings when necessary.
What damages can I recover in a commercial litigation case?
Available damages depend on your claims and the facts of your case. Common remedies include compensatory damages to cover your actual losses, consequential damages for foreseeable harm caused by the breach, and in some cases, punitive damages for egregious conduct. Equitable remedies like specific performance or injunctions may also be available. Some contracts provide for recovery of attorney fees by the prevailing party.
Should I try to settle my commercial dispute before suing?
Attempting settlement before litigation often makes sense. It can save significant time and money, preserve business relationships, and provide more certainty than trial outcomes. However, some disputes require the leverage of litigation to achieve fair settlement terms. We evaluate your situation and recommend the approach most likely to achieve your objectives.
What should I do if I receive a demand letter or lawsuit?
Take any legal demand seriously and consult an attorney promptly. Lawsuits have strict response deadlines, and failing to respond can result in default judgment against you. Preserve all documents related to the dispute and avoid making admissions or statements that could be used against you. Contact a commercial litigation attorney immediately to understand your options and protect your rights.
Do I need a commercial litigation lawyer in the same state as my dispute?
Generally, you need an attorney licensed in the jurisdiction where your case will be heard. For matters in California courts, you need a California-licensed attorney. We are licensed in California, New York, and New Jersey, allowing us to handle multi-state matters and cases that cross jurisdictional boundaries.
How do you charge for commercial litigation services?
We offer flexible fee arrangements depending on your case type. Many cases are handled on a contingency basis, meaning you pay no attorney fees unless we recover money for you. The specific fee percentage is discussed during your initial consultation. For matters not suitable for contingency, we discuss hourly rates and alternative billing arrangements that align your interests with ours.
Schedule a Consultation With Our Commercial Litigation Team
Business disputes require experienced representation. Contact us to discuss your situation and explore your legal options. Our commercial litigation lawyer is ready to protect your business interests.
