Dispute Resolution in the United States
Strategic counsel for commercial disputes in the United States, from early assessment and negotiated resolution through arbitration, litigation, and enforcement.
A few examples of what we can handle
- Dispute prevention, early case assessment, and analysis of potential claims, defenses, exposure, limitation periods, notice requirements, and preservation duties
- Demand letters, responses, pre-suit communications, escalation planning, and negotiated resolution before proceedings begin
- Contract and commercial disputes involving performance, payment, warranties, indemnities, termination, licensing, distribution, supply, services, and other business arrangements
- Shareholder, member, partnership, governance, control, ownership, and other disputes arising within privately held businesses
- Technology, intellectual-property, confidentiality, trade-secret, data, platform, and licensing disputes
- Analysis of jurisdiction, venue, governing law, forum-selection provisions, removal, and the appropriate state or federal forum
- Commercial-litigation strategy and coordination in U.S. state and federal courts, including pleadings, motion practice, trial preparation, and work with locally admitted counsel where required
- Discovery strategy, document preservation and production, electronic discovery, depositions, subpoenas, witnesses, and expert evidence
- Temporary restraining orders, preliminary injunctions, attachments, and other interim measures available to preserve rights, evidence, or assets
- Domestic arbitration under the Federal Arbitration Act and applicable state law, including arbitrability, jurisdiction, appointment of arbitrators, procedure, evidence, hearings, and awards
- Mediation, settlement conferences, early neutral evaluation, and other forms of alternative dispute resolution
- Confirmation, challenge, recognition, and enforcement of arbitral awards and judgments in the United States
- Judgment enforcement, post-judgment discovery, collection strategy, and identification of assets
- Settlement agreements, releases, consent arrangements, payment terms, confidentiality provisions, and dismissal of pending claims
The forum changes the strategy.
A dispute in the United States may proceed in state court, federal court, arbitration, mediation, or more than one forum over its life. Early decisions concerning jurisdiction, venue, pleadings, evidence, preservation, interim relief, and settlement can materially affect the course of the matter.
We begin by identifying the legal and factual issues, the client’s commercial position, the available remedies, the evidence, the likely cost and timing, and whether a favorable result can be enforced or collected. Those considerations inform whether to negotiate, make or respond to a demand, commence proceedings, compel arbitration, seek emergency relief, or pursue another route.
Where proceedings are necessary, the case is developed around what must be proved and what relief is realistically available. Discovery, expert evidence, motion practice, and procedural choices are considered as parts of the same strategy. The value of the outcome is measured not only by the decision reached, but by its practical and commercial effect.
Resolve the dispute with the end result in view.
Aligning forum, evidence, procedure, settlement, and enforcement with what the client needs to protect or achieve.
Discuss a matter