Montana and Wyoming Business Litigation Attorney
At Ragain & Clark, PC, our business litigation attorneys understand the unique challenges associated with complex business disputes. We work diligently to resolve the matter quickly while securing the best possible resolution for our clients. We have represented some of the largest companies that do business in the Northern Rockies, including organizations in the energy, financial and telecommunications sectors.
Our attorneys understand that litigation is not the best use of your business resources. We develop and adapt our case strategies to the specific facts of each case to reach a resolution that best meets your business needs. We explore all available options, including alternative dispute resolution and a negotiated settlement, before rushing into litigation. However, trial advocacy is the strength of our practice and the foundation of our law firm’s success. We are seasoned courtroom advocates who are not afraid to take a case to trial if it is in your best interest.
Ragain & Clark, PC has extensive experience representing businesses and entrepreneurs in all types of commercial litigation, including:
Our experience in a wide variety of commercial cases allows us to efficiently learn the details of your business and tailor our advice to meet your business goals and objectives. From pre-suit diligence to pre-trial discovery, trial and appeal, we are proactive advocates who pride ourselves on striking a balance between aggressive advocacy and reducing liability exposure.
Protecting Our Business Clients From Internal and External Threats in Commercial Litigation
Business disputes can occur among internal business associates or with external parties. No matter the origin of your business dispute, Ragain & Clark is committed to protecting our business clients. We understand the unique business needs of our clients at different stages of business development and growth and know that each dispute is different. Therefore, we cultivate each client relationship and remain responsive to their needs as they face commercial business litigation, keeping our clients informed and prepared for the next steps of litigation until we reach a beneficial resolution of the dispute.
Employment disputes comprise a significant segment of commercial business litigation. Such disputes bring considerable attention to companies today. We aim to safeguard your reputation throughout your commercial litigation case and will move to resolve employment disputes quickly when possible and when in your best interest.
Employment disputes manifest in various ways, including alleged discrimination actions, wage disputes, and alleged wrongful termination. Employees may view a commercial business as an easy target for achieving a settlement and embellish or be fraudulent in their claims. Rest assured that Ragain & Clark has your best interests in mind, and we aggressively protect our business clients from fraudulent claims.
Commercial Business Litigation Discovery
In particular, the discovery process can reveal sensitive business information to others. In commercial business cases, discovery requests and responses can be extremely time-consuming. The size and scope of material potentially relevant in commercial business litigation can be crippling for some businesses, ruining them before the case even reaches a significant phase of pre-trial work. Millions of pages of data may be subject to review in discovery even if ultimately not even deemed relevant. Due to the burden discovery in commercial litigation can place on a business, discovery is best left to an experienced commercial business litigation lawyer to be conducted accurately and efficiently.
While participating in pre-trial discovery, Ragain & Clark endeavors to protect our clients’ sensitive information. We can invoke certain privileges to protect work product, trade secrets, and/or details of internal business disputes. In addition, your commercial business litigation lawyer will strive to protect communications or information that may be irrelevant to litigation but still susceptible to release in requests for information and documents in preparation for trial. We take business privacy very seriously and will do all we can to protect you through the litigation process.
Your Success is Our Success
Ragain & Clark feels a true partnership with our business clients. We take on the issues you face in your commercial litigation cases like our own. Our commercial business litigation lawyer handles our clients' cases with the compassion and diligence we would expect of our own cases. When we achieve a favorable outcome to your commercial litigation case, we celebrate your resolution with you. With your case behind you, you can return to smooth business operations.
*Business Litigation Verdicts and/or Settlements
Below are select results we have secured in business and commercial litigation cases:
- 2M - Failed business venture
- 1.7M - Fraudulent stock sale
- 380k - Fraud in the sale of business
Business Litigation FAQs
Who pays the expenses for commercial litigation?
We typically work on a contingency-fee arrangement but if a contingency fee does not make economic sense, our business litigation attorneys work at an hourly rate. We are always willing to discuss the terms of representation at no charge to you and reach an arrangement that best suits your needs. If we accept your case, you will receive a written engagement letter outlining the terms of our representation.
Will arbitration be necessary? Is there a benefit to arbitration?
The arbitration may be necessary if the underlying commercial agreement includes a valid and enforceable arbitration clause. It’s important to note, however, that there are multiple types of arbitration: voluntary, mandatory, binding, and non-binding. Depending on the language of the arbitration clause (voluntary vs. mandatory), the parties involved in a business dispute may have the option to enter into arbitration or may be required to enter into arbitration. Further, the result of the arbitration may be binding or non-binding. If the result is non-binding, then either party may reject the decision made by the neutral arbitrator and pursue litigation.
Arbitration offers a number of advantages and disadvantages and there is no one-size-fits-all solution. Some plaintiffs prefer arbitration because it is a less formal process that may yield a faster resolution than traditional litigation.
Advantages of arbitration include:
- Privacy - arbitration is not a public process.
- Speed - the process is faster than litigation.
- Less formal – the process is less adversarial and allows for more flexible scheduling options.
- Simplified procedures - easier to understand.
- Less expensive – less costly than litigation.
Disadvantages of arbitration include:
- Potential bias of the arbitrator
- Inability to appeal the arbitration decision
- Nature of arbitration can favor larger entities with access to more resources
What if we signed an agreement that precludes lawsuits?
Certain agreements and clauses can preclude a lawsuit, either temporarily or in perpetuity, including a covenant not to sue, a waiver of liability, or a mandatory and binding arbitration clause. If you have entered into an agreement that precludes a lawsuit, you may still have options for recovery, depending on the circumstances and the nature of the prohibition to sue.
A covenant not to sue (or a waiver of liability) is not always enforceable. If circumstances render the covenant not to sue unconscionable, then it will not be enforced by a court of law. For example, if you entered into a covenant not to sue after being intimidated by the defendant in ancillary negotiations, then signing under duress would likely invalidate the covenant.
Mandatory and binding arbitration cannot be voided except in circumstances where the arbitration clause is deemed unenforceable. It’s worth noting, however, that arbitration still functions as an alternative route to recovery. Even if you are precluded from bringing a lawsuit against the defendant, arbitration could enable you to secure compensation.
Contact an Experienced Business Litigation Attorney at Ragain & Clark, PC
Business disputes can put livelihoods and brand reputations at risk. At Ragain & Clark, PC, our attorneys have over four decades of experience representing clients in business litigation. To learn more about how we can assist you in your business or partnership dispute, call 406-651-8888 or contact us online to schedule a free and confidential consultation with a Wyoming or Montana business litigation attorney at our firm today. Serving clients in Montana and throughout Wyoming.
*Past results should not be construed to create an expectation of result in any other case. The facts and circumstances of your case may be different and must be evaluated on their own merit.