Whitmore Harlow LLP

Practice Area

Commercial Litigation

When a contract dispute, partnership conflict, or competitive threat puts a company's operations at risk, the right strategy can be decisive. We represent businesses and investors in state and federal court through trial and appeal.

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How We Approach Commercial Litigation

Our Process

1

STEP ONE

Assess the Dispute

We evaluate the claims, exposure, and realistic outcomes before committing to a courtroom strategy.

2

STEP TWO

Build the Record

Discovery, depositions, and expert testimony are assembled to support the strongest available position.

3

STEP THREE

Resolve or Try the Case

We pursue a negotiated resolution where it serves the client, or take the matter to trial when it doesn't.

Common Questions

Frequently Asked Questions

When does a business dispute warrant litigation?
Litigation typically becomes necessary once negotiation has stalled, a limitations period is approaching, or the other side shows no genuine willingness to resolve the matter without court involvement. We evaluate the strength of the claim, the realistic financial exposure, and available alternatives before recommending litigation over negotiated resolution.
How long does commercial litigation typically take?
Timelines vary significantly by jurisdiction, case complexity, and whether a matter proceeds to trial or resolves earlier. Straightforward disputes may resolve in months; matters involving extensive discovery, multiple parties, or appeals can take considerably longer. We provide a realistic timeline estimate specific to each matter once we've assessed the claims involved.
What is the difference between state and federal court for my matter?
Federal jurisdiction generally requires either a federal question or diversity of citizenship with sufficient amount in controversy; state courts handle the broader range of commercial disputes. The choice affects procedural rules, available judges, and in some cases strategic considerations around venue. We evaluate which forum best serves a client's matter early in the engagement.
Can a dispute be resolved without going to trial?
Many commercial disputes resolve through negotiation, mediation, or summary judgment before reaching trial. We pursue negotiated resolution where it serves the client's interests, while preparing every matter as though it may proceed to trial, so that option remains available if the other side isn't prepared to resolve the matter fairly.

Representative Matters

Case Results

Result

$2.8M

Jury Verdict

Breach of Fiduciary Duty · Business Tort · S.D. New York · 2023

A minority partner was frozen out of a business and stripped of profits by a co-founder who breached his fiduciary duties.

At trial, we proved the breach and business tort claims, and the jury returned a verdict covering the lost profits and damages.

Past results do not guarantee future outcomes.

Discuss Your Commercial Litigation Matter

Contact our attorneys for a confidential evaluation of your case. No obligation. All inquiries protected by attorney-client privilege.

Ready to Recover What's Yours?

Our attorneys pursue complex fraud and commercial disputes with precision and discretion. Your consultation is free and confidential.