Court and Trial RepresentationCommercial Litigation

Most business disputes are best resolved through negotiation. However, sometimes even a successful negotiation requires the assistance of a skilled attorney who can advise clients of the merits and pitfalls of potential litigation. Unfortunately, business disputes are frequently not clear cut. They may rest upon the meaning of words or the interpretation of contractual provisions which seem to conflict. We have found that keen analysis of the facts and case law and thorough preparation are the keys to resolving a business dispute. Often, through such preparation, business disputes can be resolved without a lawsuit or without needing to proceed to trial.


Contractural Mediation and NegotiationContractual Matters

Often we find that clients in a contractual dispute have not adequately addressed their dealings in a clear and binding contract free of ambiguity. In these cases, we bring our years of experience in drafting and interpreting agreements to bear in order to prevail in these disputes. Most disputes that have to do with the meaning or written words can be resolved without a trial. In these instances, we will work hard in the early stages of the dispute to define and document a legal position which will result in an advantageous settlement. In those instances where a settlement cannot be reached, we believe that careful preparation of a case will result in a good litigation result.

Business Torts

Many commercial disputes result from the failure of a party to follow a proper course of conduct in business matters. For example, a party may make misrepresentations in the course of a transaction, which may give rise to a fraud or misrepresentation claim. A party may engage in unfair competition or may interfere with business transactions between others. These types of conduct may give rise to claims for damages apart from relationships which are defined by a written agreement. At Clark & Albaugh, LLP, we are experienced in these matters.