Sometimes the most important evidence is not held by either side, but by someone else. When parties in a business dispute think about discovery, they often assume that they can obtain evidence from the other party. Some of the most valuable documents in a business lawsuit are often in the possession of third parties, […]
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Why Discovery Often Determines Whether a Business Litigation Case Settles
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 […]
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, […]
Building Your Business Dispute Before Trial
The trial may be the most visible stage of a business lawsuit, but it is rarely where the case is built. By the time the first witness testifies, much of the most important work has already taken place. The evidence has been gathered, the legal issues have been refined, the witnesses have been evaluated, and […]
Why Litigation Feels Slow Even When Your Attorney Is Busy
Business litigation is often measured in months, and sometimes years. For clients, that can be frustrating. There may be long periods without a court appearance, a deposition, or a significant filing, leaving many to wonder whether anything is happening. Some of the most important work in a business lawsuit takes place when there is little […]