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.

Commercial disputes rarely resolve themselves, and the cost of inaction, whether a stalled negotiation, an unresolved partnership conflict, or a competitor operating in bad faith, often compounds the longer it goes unaddressed. Whitmore Harlow LLP represents businesses, investors, and institutional clients in commercial litigation in state and federal court, from initial dispute assessment through trial and, where necessary, appeal.

Building a Strategy Around the Client's Actual Objectives

Not every commercial dispute is best resolved the same way. A business preparing for a sale may prioritize a fast, contained resolution; a company defending a core business practice may need to litigate fully to protect its long-term position. We begin every matter by understanding what a client is actually trying to accomplish, then build a strategy around that objective.

Our commercial litigation practice covers breach of contract, partnership and shareholder conflicts, unfair competition, and disputes arising from the sale or dissolution of a business. We regularly appear in both state and federal court, and evaluate jurisdiction and venue early, since forum can meaningfully affect a matter's procedural posture and available remedies.

Litigating Through Trial When Negotiation Isn't Enough

Many commercial disputes resolve before trial, through negotiation, mediation, or dispositive motion practice. We pursue negotiated resolution where it serves a 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 dispute on fair terms.

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.

Discuss Your Commercial Litigation Matter

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