Commercial Disputes and Litigation
When a commercial relationship breaks down, you need an honest view of your position before deciding what to do. We assess disputes, negotiate resolutions and, where needed, represent clients in litigation and alternative dispute resolution.
Discuss a disputeWhat does our commercial disputes and litigation practice cover?
Every dispute involves a trade-off between cost, time, business relationships and the strength of the legal position. The right answer is rarely obvious in the first week.
We start with a candid assessment of the facts, the documents and the law, then recommend a strategy proportionate to what is at stake.
Key points
- The steps taken in the first weeks of a dispute, like preserving documents, shape what follows.
- Contractual notice and cure provisions must usually be followed before a claim is filed.
- In Illinois, claims on written contracts generally must be brought within ten years.
Services
- Who we advise
- Companies, business owners and individuals involved in commercial disputes.
- What clients usually need
- An understanding of the available options, the risks and a suitable strategy for resolving the dispute.
- Law we apply
- Illinois Code of Civil Procedure (735 ILCS 5)
- Federal Rules of Civil Procedure
- Illinois Uniform Arbitration Act (710 ILCS 5)
- Federal Arbitration Act (9 U.S.C. 1 et seq.)
- Reviewed by
- Daniel Vale, Founding Partner, on
- Contract dispute assessment
- Commercial litigation
- Breach of contract matters
- Business partnership disputes
- Shareholder disagreements
- Settlement negotiations
- Dispute resolution strategy
- Pre-litigation correspondence
- Enforcement-related advice, where available
- Alternative dispute resolution
Typical situations
Where clients come to us
Examples of the situations we see most often. Each matter is different, so these describe the kind of help available rather than a promised result.
Unpaid invoices
A customer has stopped paying, citing quality issues. We review the contract and the record, then advise on a demand and next steps.
Deadlocked owners
Two equal shareholders cannot agree on the company's direction. We assess the exit and deadlock mechanisms available and the options for resolution.
Served with a complaint
A business has been sued by a former distributor. We assess the claim and its deadlines, and prepare a response strategy.
How we work
Early case assessment
Within the first weeks, you receive a written view of strengths, weaknesses, likely costs and timing.
Resolution in view
We pursue settlement where it serves you, and prepare for trial when it does not.
Budget transparency
Litigation budgets are set by phase and updated when circumstances change.
Useful for a first conversation
- The contract or agreement at the center of the dispute
- Key correspondence, in date order
- Any court papers or deadlines you have received
- Names of all parties involved, for our conflict check
Common questions
General questionsWill my dispute go to court?
Most commercial disputes resolve before trial, through negotiation, mediation or settlement. We prepare each matter as if it may proceed, which tends to improve the terms of any resolution.
I have received court papers. What should I do?
Contact a lawyer promptly. Responses are usually due within a short, fixed period, and missing that deadline can have serious consequences. Please call our office rather than relying on the inquiry form.
Where do you litigate?
We appear in courts where our attorneys are admitted, currently Illinois state courts and the federal courts listed on attorney profiles. Elsewhere, we work with local counsel.
Related practice areas
Often handled alongside
Commercial Contracts
Drafting, reviewing and negotiating the agreements that define your commercial relationships.
Corporate and Business Law
Formation, ownership, governance and the transactions that change a company's shape.
Employment and Workplace Law
Hiring, policies, executive arrangements and departures, handled in line with applicable law.
Consultations
Discuss a dispute
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Submitting an inquiry does not create an attorney-client relationship, and we cannot guarantee that we can take on every matter. If you face an urgent deadline, such as a court filing, please call the office.