Litigation

Business Litigation

Any business litigation (whether it is a contract, employment, or partnership dispute) can be both expensive and time consuming. Any good lawyer will tell you to try everything possible to avoid litigation. However, sometimes litigation is simply unavoidable. Unfortunately, chances are very high that you and your business may be involved in a lawsuit over the course of your business’ lifetime. Disputes can arise between business partners, clients, and employees. They can arise out of State and Federal statutes, or based on contracts. It’s a natural part of the business life cycle.

If you are reading these words, chances are that time may already have come for you, with you either being the plaintiff or the defendant in a commercial litigation or contract dispute. There are many moving parts that go into successfully navigating the murky world of litigation, and only those who are skilled and experienced in the art of dispute resolution are able to come out at the other end of the tunnel relatively unscathed.

Attorney Jeffrey Davis is one such experienced business litigation attorney who has cut his teeth in the complex world of business litigation having represented hundreds of businesses and business owners in a wide range of issues. This is the exact same skill-set and experience that he will be deploying, among other resources, to ensure that whatever type of business litigation you and your business are facing, the result will end up being in your favor.

  1. Vacating default judgments
  2. Preliminary injunctions
  3. Motion for default judgment
  4. Motion for contempt
  5.  Motion to compel arbitration
  6. Motion to compel discovery responses
  7. Motion for summary judgment
  8. Motion to dismiss
  9. Trial preparation and consultation.
Our fee structures vary on a case by case basis. We offer contingency fee, partial contingency fee, flat fee, capped fees, monthly payment plans, and reduced hourly fees for qualified cases.

Contract Litigation

This firm represents businesses and individuals in disputes arising out of virtually every type of business contract and business relationship.

  1. Breach of employment contracts or employee handbooks
  2. Breach of non-compete agreements
  3. Breach of non-solicitation agreements
  4. Breach of commercial contracts
  5. Independent contractor disputes
  6. Interference with contractual relations
  7. Breach of asset purchase agreements
  8. Breach of stock purchase agreements
 

Business Divorce Litigation

With a strong focus on partnership disputes and business divorce, we are ready to meet the needs of businesses of all shapes and sizes including family owned businesses, closely held businesses, corporations, LLC’s and partnerships.

Types of common business litigation issues include:

  1. Accountings
  2. Access to books and records
  3. Dissolution proceedings
  4. Removing directors and officers
  5. Breach of fiduciary duties
  6. Fraud, embezzlement, and misappropriation
  7. Unfair business practices
  8. Oppressed shareholder claims

Timing is of the essence in any business or commercial litigation, so the earlier you speak to a business litigation lawyer, the better for your case. Contact us today for a free consultation. Don’t delay.

Construction Contract Disputes

Having worked in construction, represented scores of contractors and homeowners in construction contract disputes, and taught classes on construction contract matters, Jeffrey K. Davis, Esq. is well prepared to represent you in your construction contract dispute. This firm handles all construction contract related matters including:

 

  1. mechanic’s liens
  2. trust fund accounting claims
  3. breach of contract, and
  4. professional negligence

Employment Disputes

 

Employment issues can be especially tricky for a business owner considering the “guilty until proven innocent” direction of most state and federal laws. Whether it’s an overtime dispute, wage dispute, or discrimination claim, we exclusively represent business owners in proving them innocent or negotiating a sensible settlement.

Have Questions About the Litigation Process?

Litigation is complex, especially when it’s your first time dealing with a lawsuit. Click here to learn more about how litigation works, the process, and what goes into determining costs. Also, scroll down for some topics of interest for the litigation novice. 

How is a Lawsuit Commenced?

Pursuant to CPLR §304: (a) An action is commenced by filing a summons and complaint or summons with notice in accordance with rule twenty-one hundred two of this chapter. … 

(c) For purposes of this section, … filing shall mean the delivery of the summons with notice, summons and complaint or petition to the clerk of the court in the county in which the action or special proceeding is brought or any other person designated by the clerk of the court for that purpose.  At the time of filing, the filed papers shall be date stamped by the clerk of the court who shall file them and maintain a record of the date of the filing and who shall return forthwith a date stamped copy, together with an index number, to the filing party, except where filing is by electronic means.  Such filing shall not be accepted unless any fee required as specified in “section eight thousand eighteen” of this chapter has been paid.  Where filing is by electronic means, any fee required shall be paid in the time and manner authorized by the chief administrator of the court by rule.
 

How Do You Serve a Defendant in a Lawsuit?

Pursuant to CPLR §308 which governs service of process on natural persons:

Personal service upon a natural person shall be made by any of the following methods:

1. by delivering the summons within the state to the person to be served;  or

2. by delivering the summons within the state to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by either mailing the summons to the person to be served at his or her last known residence or by mailing the summons by first class mail to the person to be served at his or her actual place of business in an envelope bearing the legend “personal and confidential” and not indicating on the outside thereof, by return address or otherwise, that the communication is from an attorney or concerns an action against the person to be served, such delivery and mailing to be effected within twenty days of each other;  proof of such service shall be filed with the clerk of the court designated in the summons within twenty days of either such delivery or mailing, whichever is effected later;  service shall be complete ten days after such filing;  proof of service shall identify such person of suitable age and discretion and state the date, time and place of service, … ;  or

3. by delivering the summons within the state to the agent for service of the person to be served as designated under rule 318 , except in matrimonial actions where service hereunder may be made pursuant to an order made in accordance with the provisions of subdivision a of section two hundred thirty-two of the domestic relations law ;

4. where service under paragraphs one and two cannot be made with due diligence, by affixing the summons to the door of either the actual place of business, dwelling place or usual place of abode within the state of the person to be served and by either mailing the summons to such person at his or her last known residence or by mailing the summons by first class mail to the person to be served at his or her actual place of business in an envelope bearing the legend “personal and confidential” and not indicating on the outside thereof, by return address or otherwise, that the communication is from an attorney or concerns an action against the person to be served, such affixing and mailing to be effected within twenty days of each other;  proof of such service shall be filed with the clerk of the court designated in the summons within twenty days of either such affixing or mailing, whichever is effected later;  service shall be complete ten days after such filing, except in matrimonial actions where service hereunder may be made pursuant to an order made in accordance with the provisions of subdivision a of section two hundred thirty-two of the domestic relations law ;

6. For purposes of this section, “actual place of business” shall include any location that the defendant, through regular solicitation or advertisement, has held out as its place of business.