In this litigious age, few business enterprises have the luxury of operating over the long term unscathed by legal disputes. What seems like a small matter can quickly escalate from a bothersome smolder to a conflagration if it is not handled with speed, wisdom and skill. The time to address a business dispute is as soon as you are aware of it, not when it bursts into flames.

Keith Rosten and colleagues at Berliner Corcoran & Rowe LLP are available to assist you from the simplest argument to the most complex multi-party litigation. Whether your business receives a summons and complaint or you believe your business has suffered a wrong that should be addressed by the legal system, we have the experience and expertise to guide you through the process in the manner than will best accomplish your goals while causing the least possible disruption to your business.

We are primarily problem-solvers. In any dispute resolution setting, including the courtroom, we will help you reach sound decisions and implement appropriate legal strategies to bring about an appropriate outcome without losing sight of the fundamentals of your business and its ultimate purpose.

From the most basic business dispute to bet-the-company litigation, our dispute resolution background includes a wide variety of issues.

Our advocacy experience includes contract disputes; member disputes in a limited liability company; partner disputes in a partnership; shareholder disputes in a corporation; business dissolutions; non-competition agreements; real estate and property questions; intellectual property and trade secrets disputes; environmental liabilities; insurance and insurance coverage questions; employee raiding; securities; professional liability; tax controversies; fraud allegations. and many more areas of the law.

My colleagues and I have extensive experience at every stage of the litigation and alternative dispute resolution processes, from the first inkling of a disagreement through trial and the highest possible level of appeal.

We value our commitment to handling your business controversies with as little interference to you and at as reasonable a cost as we can manage while still handling your matters as thoroughly and responsibly as our clients deserve. The success of your business is our highest priority. If that success involves assistance in resolving a dispute or handling litigation, you can rely on us.

FAQs – Business Disputes

When should I address a business dispute, and why is it important to handle it promptly?

Addressing a business dispute promptly using a business dispute lawyer is crucial to prevent the situation from escalating and causing further harm to the parties involved. Most of the disputes involve parties with ongoing business relationships so there are dual goals: resolve the dispute; and maintain the business relationship.

By taking immediate action, parties have a better chance of resolving the dispute through negotiation, mediation, or another alternative dispute resolution methods. Furthermore, addressing a dispute promptly, either directly or using dispute lawyers, demonstrates professionalism and a commitment to finding a fair and efficient resolution.

Most business disputes may be resolved without the assistance of a business dispute lawyer. Still, for particularly intractable disputes and disputes where there is considerable distance between the parties’ understanding, it is important to engage the services of an attorney. Our advocacy experience as a corporate dispute attorney includes contract disputes; member disputes in a limited liability company; shareholder disputes in a corporation; business dissolutions; non-competition agreements; real estate and property questions; intellectual property and trade secrets disputes; insurance and insurance coverage questions; and many more areas of the law.

How do we approach dispute resolution and ensure that the fundamental goals of the business are not lost sight of?

Most business disputes follow a certain pattern. It is vitally important for our clients facing disputes or litigations to share all of the facts, even unfavorable facts so that we can properly assess their position. It is important to advise our clients on their respective legal rights and obligations, usually concerning a contract.
Next, it is important to understand the risk of not resolving the dispute. And then, it is important to understand the goals of maintaining the business relationship between the parties. And then if our client is the aggrieved party, we prepare a demand letter describing our client’s position and trying to offer a resolution. If the parties cannot resolve the dispute through negotiation to find a practical and viable resolution, the remaining alternatives are mediation, arbitration, litigation, or a combination. By maintaining open communication, providing objective advice, and advocating for our clients’ best interests, we try to ensure that the fundamental goals of the business remain at the forefront during the dispute-resolution process.

As a business dispute lawyer, how do you recommend we can ensure each party’s needs are met during dispute resolution?

We try to explore solutions so that each party’s needs are met during dispute resolution by adopting a client-centered approach. As dispute lawyers, we take the time to understand the unique circumstances, goals, and concerns of our clients. By actively listening and engaging in open communication, we strive to identify and prioritize the specific needs of each party involved in the dispute. We work to find common ground and explore creative solutions that address all parties’ underlying interests and objectives. We aim to achieve fair and mutually beneficial outcomes, which is usually the most advantageous solution for our clients.

Are there alternatives other than litigation if a dispute arises from an agreement?

When a dispute arises from an agreement, there are alternatives to litigation that parties can consider. One common alternative is mediation, where a neutral third party assists the parties in reaching a voluntary and mutually acceptable resolution. Mediation promotes open communication and allows for creative problem-solving. Another option is arbitration, where an impartial arbitrator or panel makes a binding decision after considering the evidence and arguments presented by each party. Arbitration provides a more streamlined resolution compared to traditional litigation. Additionally, negotiation and settlement discussions can be pursued directly between the parties to reach a compromise. These alternatives to litigation offer flexibility, cost-effectiveness, and the potential for quicker resolution. As a business dispute lawyer, we can provide guidance and support throughout these alternative dispute resolution processes, helping clients explore and pursue the most suitable option for their specific circumstances.

As a business dispute attorney, can you assist with international business disputes and cross-border litigation?

With the world economy, small businesses can and usually do have customers or suppliers, or business partners that are outside of the United States. When a dispute arises, there are numerous additional issues aside from language and cultural approaches to resolution of disputes, but legal issues such as choice of law and choice of forum. When an international business dispute fails to settle and goes to arbitration there are not only domestic arbitral forums such as the American Arbitration Association and JAMS, but also international tribunals such as the International Chamber of Commerce.

How can we provide ongoing support and guidance as a business dispute attorney to a business to prevent future disputes or mitigate potential legal risks?

The best way to prevent business disputes is to have reliable and trustworthy business partners and agreements that properly reflect the parties’ understanding. We can provide ongoing support and guidance to your business to prevent future disputes and mitigate potential legal risks as your business dispute lawyer. We can assist in reviewing and drafting contracts, policies, and internal procedures to ensure they are comprehensive, legally sound, and aligned with your business goals. By conducting regular legal audits and assessments, we can identify areas of vulnerability and recommend proactive measures to minimize legal risks.