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 […]
Can a Majority Shareholder Freeze Out a Minority Owner?
Owning 49% of a business should not mean having no voice. Yet in closely held companies, minority owners sometimes find themselves excluded from the very business they helped build. They may lose their role in management, stop receiving meaningful financial information, be denied distributions, or find that major decisions are being made without their input. […]
Boardroom Deadlock: When the Business Cannot Move Forward
Sometimes the greatest threat to a business is not competition, but paralysis. Healthy businesses depend on timely decision-making. Boards of directors approve major transactions, authorize financing, adopt strategic initiatives, appoint officers, oversee management, and guide the corporation’s affairs. When those decisions can no longer be made because the individuals responsible for governing the business are […]
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 […]