Business Litigation

Business or commercial litigation refers to lawsuits involving businesses. These cases often arise out of a breach of contract or other agreements.

In the past, mid-size and large companies have turned to large national and international law firms to represent them in business disputes.  Small companies would often eat the loss and consider it the “cost of doing business.”  Technology and the internet have changed the landscape.  Companies are no longer tethered to behemoth law firms, charging extortionate rates to generate useless paper in the form of frivolous motions, overly-long and unnecessary depositions, that bleed the company dry.  Once the large firm has churned the business and billed as much as possible, they often tell the company that the case is unwinnable and they should consider settling. 

Many of the benefits of a large firm – manpower, office space, word processing – have been rendered obsolete by the internet.  Document review can be outsourced or performed on cheap apps that can be downloaded on an IPad.  E-filing and E-discovery have made printing and even maintaining a “paper” file a thing of the past.  Companies and their in-house lawyers recognize this and are looking for cost-effective, efficient, lawyers to handle litigation they used to send to the large firms.  Companies no longer want to pay first or second year attorneys with no practical experience hundreds of dollars an hour to navel gaze and research obscure issues.

Commercial Contingency Fee Arrangements

At Klaproth Law, we have the experience and know-how to litigate and try complex commercial disputes on a cost-effective basis.  In addition, unlike the large law firms, you are hiring us as your lawyers.  We will be the lawyers sifting through documents, on the phone with you, taking depositions, and appearing in court.  Klaproth Law will also handle some commercial litigation on a partial or full contingent basis.  This gives your business the opportunity to pursue those smaller lawsuits you would have let go in the past because the attorneys’ fees would swamp any potential recovery.

Litigation Financing

Lawsuits have value. They are assets. If a business must enforce a contract, that lawsuit is valuable. For the business to realize that value, they must hire lawyers and sue. This can be a daunting prospect. Litigation and lawsuits are not how your company makes money.

Because there is so often money left on the table from bad deals and the return on investment for these cases is so high, litigation financing has sprung up. A typical financing may “buy” a portion of your lawsuit and provide financing to your company, pay your lawyer, or simply support the lawyer in fighting against larger companies with more resources. Whatever the arrangement, litigation funding, along with contingency fees, are a way for smaller companies to fight while reducing their risk of a low or no recovery.

Klaproth Law is on the forefront of handling large and small business disputes under contingency fee arrangements or though litigation financing with an outside company.

If you have a business dispute, contact Klaproth Law.  We will work with you to create a budget and litigation plan that makes sense for your business.