Litigation & Disputes

Commercial Litigation With a Vision and Plan

You’ve been sued. Or, a former employee, strategic partner, customer. or vendor has breached its obligations, and you need to understand your options. Either way, litigation—all too frequently a highly reactive and costly exercise that seems to deprive you of any meaningful say or options—looms large. But it doesn’t have to be that way.

Baker Jenner has extensive litigation experience ranging from early-stage disputes to trials and appeals. We work with you to help manage the flow of litigation, to derive optimal settlement and litigation strategies, and to control the disruption that demands and lawsuits can pose to your business.

From minor matters to “bet-the-company” moments, we understand the pressures and strains litigation can cause. Our extensive experience both inside and outside the legal industry informs our approach and the way we work with you and key stakeholders to craft solutions conformed to your specific goals and expectations.

The Contract is in Breach

Litigation can arise in almost any business context, including: 

  • Quality of goods or services in dispute
  • Exclusive dealing and joint venture obligations gone awry
  • Non-competition and non-solicitation clauses in question
  • Licensing and distribution obligations failing to perform
  • Confidentiality obligations being contested
  • Misappropriations of corporate opportunity and internal corporate disputes, including between principals and management, that threaten the viability of the business
  • Strategic and other breaches of contract

However litigation might arise, you’re now confronting an expensive and time-consuming exercise in which you seem to have relatively little say. Litigation strategy often appears haphazard. Points of vulnerability in your case are not well understood. And, you’re only infrequently consulted. One thing is clear: you’re not in control.

With planning, close consultation with key stakeholders throughout the business, and by considering a variety of strategic options early on, litigation can both be manageable and offer pathways to successful resolution that dovetail with the needs and expectations of the business.

The Challenge, in a Nutshell

Litigation can affect any aspect of your business. Whether you are being sued or believe a suit against another party is necessary to protect your business and people, litigation is an important consideration both strategically and as a potential source of risk. 

Litigation and its possibility requires a nuanced understanding of the circumstances that lead to it, the business itself, and industry and marketplace in which the business competes. Like any other category of risk, litigation can be managed—even into a point of strategic strength.

To Get There, You Need:

  • A proactive partner who, in coordination with you and your team, develops a meaningful litigation strategy and vision (not just case-by-case but for the organization as a whole
  • A law firm and attorneys who work to fully understand your business and industry, to develop successful and effective approaches to litigation from the very start 
  • A considered approach that puts you in control, turning litigation risk into a point of strategic value

For urgent and strategic legal counsel to help you resolve litigation or disputes ensnaring your business, contact Baker Jenner.