Business Litigation


Conflicts, no matter which form they occur in, are highly disruptive to a business. Because of the added financial and time constraints, this is particularly true for cases that end up in court. With this in mind, we at Lex Concordia engage in frank discussions with our clients about the probability of success in every potential course of action, including out-of-court negotiations, arbitration and mediation. No matter which route you choose, we tailor our strategy specifically to your goals and to your current financial situation to ensure that you don’t waste your resources in legal battles that don’t advance your economic interests. Once we take on your case, we will work hard and aggressively to deliver a bottom-line result that adds true value for your business. Until we get there, we will of course constantly keep you updated about the progress of your case, but our main goal is to put you back into a position where you can refocus your time and energy on your day-to-day operations, knowing that your issues are well taken care of.

Contract Disputes

While business disputes can arise in many different contexts, they very often they involve a breach of contract issue. No matter if your contract is carefully written out or based on just a handshake, questions can arise as to whether the agreement is valid or what each party’s obligations are. At Lex Concordia, we can help you to either challenge or defend the validity and enforceability of your business contracts and agreements – even in court, if necessary. However, we recognize that your relationships with customers, vendors, and other business partners are an important success factor for your business and that you may wish to keep them intact even if a dispute arises. Therefore, we try to avoid unnecessary escalation from the very beginning and instead help our clients explore solutions that can turn their problem into a win-win situation for both parties involved.

Employment Disputes

Increasingly, businesses are confronted with employment-related claims from their current or former employees. Especially claims involving allegations of discrimination, retaliation and harassment are at an all-time high, due to the combined effects of a still recovering economy, employee-friendly revisions to current employment laws, and incentives set through past large awards by sympathetic juries. Lex Concordia can help you resolve those issues and obtain favorable results for your business in a cost-effective and efficient manner. In addition, we assist our clients with claims arising out of employment agreements, non-compete agreements, confidentiality agreements, and severance agreements.

Partnership, Membership & Shareholder Disputes

The relationship between the owners of a business is in many ways similar to a marriage: Both are serious commitments that require mutual trust and respect, both involve money, and both challenge us – day in, day out - to work towards a greater goal with someone other than ourselves. Conflicts are almost certain to arise at some point, and if handled improperly, those issues can jeopardize not only your personal relationship with your business partners, but also the business that you worked so hard to establish. At Lex Concordia, we help you evaluate the situation and all the options you have going forward. We understand the complex relationship dynamics involved in ownership conflicts and assist you to resolve those problems quickly and amicably, so you can go back to “business as usual” as soon as possible.

Director & Officer Liability Issues

The fiduciary duties of loyalty and reasonable care are cornerstones of corporate law and it is vital that corporate officers, directors and controlling shareholders ensure that they comply with these fiduciary duties when making corporate decisions. Failure to meet those duties can result in expensive and time-consuming litigation. At Lex Concordia, we have confronted and successfully resolved director and officer liability claims for both plaintiffs and defendants. As always, we strive to provide or clients with sound, practical, and cost-effective advice on how to best protect their interests while keeping disruptions to the business at a minimum.

Business Torts

As a successful business owner, you have invested a significant amount of time and money into creating innovative products and services. Over time, you have established strong customer relationships and built a great brand that is well known within your target market. However, competition is fierce and not everyone is acting lawfully while trying to gain a competitive advantage in the industry. When things get out of hand, business tort claims become a regular component of commercial disputes. Classic examples include:

  • Business Fraud
  • Tortious Interference with Current or Prospective Business Relations
  • Misappropriation of Trade Secrets
  • False Advertising and Commercial Defamation
  • Trade Name, Trademark & Service Mark Infringements
  • Copyright and Patent Infringements
  • Conversion

Lex Concordia has extensive experience in both prosecuting and defending business torts. We understand that the above mentioned circumstances pose a very real threat to your business’ survival and that speed is often essential to protect your interests. Therefore, it is very common for business tort claims to arise on an emergency basis, with one side or the other seeking a temporary restraining order or a preliminary injunction. We have the skills and experience to help you determine the appropriate course of action, and we are ready to take all necessary steps on your behalf immediately.

Arbitration & Mediation

Numerous reasons contribute to the increasing popularity of alternative dispute resolution. First and foremost, mediation and arbitration proceedings are often faster and cheaper than litigating your case in court. Furthermore, the results are usually confidential, which is particularly valuable in cases where business owners are worried about sensitive data or trade secrets being revealed. For those reasons, we always encourage our clients to consider those options as well when we discuss potential courses of action. We prepare a detailed analysis of the risks and costs associated with each option to help you decide which path is right for you. No matter which route you chose, we can provide all the support you need along the way, and we will work hard to achieve the result that best serves your interests.