Most business lawsuits do not settle because someone changes their mind. They settle because discovery changes the parties’ understanding of the case. One of the most common misconceptions about litigation is that settlement depends solely on the parties’ willingness to compromise. Meaningful settlement discussions often begin only after discovery has revealed the strengths and weaknesses […]
Business Litigation
When Can You Refuse to Produce Documents in a Business Litigation Case?
Discovery is broad, but it is not unlimited. One of the biggest misconceptions about business litigation is that once a lawsuit is filed, every email, document, and communication becomes fair game. While New York’s discovery rules allow parties to obtain a wide range of relevant information, the law also recognizes that certain documents should remain […]
Depositions in a Business Dispute: What to Expect
A deposition is more than a question-and-answer session. In many business disputes, it is one of the most important moments in the case. When business owners think about litigation, they often picture a courtroom, a judge, or a jury. Some of the most significant testimony is given long before trial during a deposition. A deposition […]
What Documents Can You Obtain During Discovery?
In many business disputes, the most important evidence is not found in a courtroom. It is found in emails, text messages, accounting records, contracts, bank statements, and internal business communications. Commercial cases are often decided not only by what the parties say happened, but by what the documents show. One of the central purposes of […]
What Is Discovery in a Business Lawsuit?
The courtroom is not where most business lawsuits are won. They are won during discovery. When most people think about litigation, they picture attorneys questioning witnesses before a judge or jury. In reality, the outcome of many business disputes is shaped long before trial. One of the most important phases of any lawsuit is discovery, […]
Should You Sue or Negotiate? Choosing the Right Strategy in a Shareholder Dispute
In a shareholder dispute, the right question is not just whether you can sue. It is whether litigation, negotiation, mediation, or another strategy best protects your rights, your leverage, and the value of the business. Disputes between business owners are rarely just legal disagreements. They often involve years of personal and professional relationships, substantial financial […]
What Is a Shareholder Derivative Action?
Sometimes the company is the one that has been harmed, but the people in control refuse to act. When corporate assets are misused, fiduciary duties are breached, or directors engage in self-dealing, the injured party is often the corporation itself. But if the individuals responsible for deciding whether to bring a lawsuit are the very […]
When Can a Shareholder Inspect the Company’s Books and Records?
If you own a stake in a company, are you entitled to see its financial records? In many situations, the answer is yes, but not without limits. Access to a corporation’s books and records is one of the most important rights available to shareholders. Financial statements, tax returns, corporate minutes, shareholder ledgers, and other records […]