Montana and Wyoming Business Litigation Attorney
At Ragain & Clark, PC, our 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 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:
- Partnership disputes
- Shareholder disputes
- Breach of contract actions
- Tortious interference claims
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.
*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 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, we 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?
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 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 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 dispute, call 406-651-8888 or contact us online to schedule a free and confidential consultation with a Billings business litigation attorney at our firm today.
*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 its own merit.