02.
Commercial Litigation
Commercial Litigation generally involves civil disputes between companies, business entities, or entrepreneurs seeking monetary damages. The lawyers at Henderson Parks have extensive experience in all aspects of commercial litigation.
Our definition of commercial litigation encompasses: antitrust, breach of fiduciary duty, breach of contract claims, copyright infringement, consumer fraud, deceptive and unfair trade practices, fraud, restrictive covenants (non-competes, non-solicitations, and confidentiality agreements/NDAs), and trademark infringement. Commercial litigation excludes patent litigation.
Usually, the party asserting a claim in commercial litigation seeks to recover monetary damages. There are instances where an injunction is sought in addition to or in lieu of monetary damages. Injunctions are often sought in restrictive covenant and copyright or trademark infringement cases to stop or prevent further injury to a business.
Affirmative Litigation
Affirmative Litigation involves the representation of a company, entrepreneur, or business owner as a plaintiff in federal or state court or arbitration. When disputes arise in business relationships, companies and owners have to balance the value of pursuing their rights through litigation with the risk of jeopardizing the relationship. Potential delays in recovering may also deter companies from pursuing affirmative claims. We partner with our clients to understand the business issues and formulate effective theories and strategies to recover as quickly as possible. Henderson Parks proactively pursues recovery when bringing affirmative litigation on behalf of companies. The lawyers at Henderson Parks try multiple cases every year. The experience gained from trying multiple actions provides us with the skills to focus on the heart of the issues and bring affirmative litigation to the swiftest possible resolution. Acting as counsel for the Plaintiff is markedly different from defending cases. Companies often hire large defense firms to bring affirmative litigation. Large firms approach affirmative actions in the same way they defend cases, leading to delay and increased costs. If your company is considering bringing affirmative litigation consult with a lawyer who represents plaintiffs, and does not merely defend against claims. Henderson Parks’ affirmative litigation experience includes: • Claims for breach of contract and damages for non-performing products and services; • Enforcement of restrictive covenants (non-competes, non-solicitations, and confidentiality agreements) and seeking injunctive relief to secure compliance; • Closely held business disputes among owners, partners, and shareholders in disputes involving access to records, freeze-outs, dissolution, buyout and earn-outs and breach of fiduciary duty; • Commercial real estate disputes involving misrepresentations about the purchase and sale, valuations, breach of lease, and broker commission disputes; and • Financial services litigation and claims involving loan enforcement and breach of contract.
