When business disputes arise, and they will, you want a legal partner with experience and that will look out for your business’s best interests. Tiffany & Bosco has been providing legal business services for over 50 years in the Phoenix area, and we’ve expanded our services to California and Nevada. Our goal is to help our clients avoid lengthy and costly legal battles. If a case can be reasonably settled out of court, it is a victory.
Business litigation is part of civil litigation and often uses the same courts, but business differs in that only commercial accounts are represented.
Tiffany & Bosco is known throughout the region for excellence in matters of business law and litigation. We represent business clients in the following areas:
The first thing to happen is the plaintiff must file a petition or complaint with the court. Preparing to file could take some time, depending on the type of case and the specifics. Once filed, the court will set a date for the first hearing of the case.
A copy of the plaintiff’s complaint will be delivered to the defendant along with a summons. Within 20 days, the defendant must respond in writing to the petition. A date is set for either a jury or bench trial (by judge).
Next comes discovery when both parties to the suit exchange information related to the case. From this point until the trial, additional motions and hearings may be held. There will be investigations and depositions.
During the trial, both sides present arguments and evidence. The jury or judge will render a verdict and the case is settled…kind of. If there are grounds, the losing side may file an appeal in which case, the complaint will go to a higher court.
At any point during the process, from the filing of the petition to the final ruling, either side may approach the other with a settlement offer. If the offer is accepted by both parties, the case is over.
In a commercial bankruptcy case, the debtor, usually a company, files a bankruptcy petition. Ordinarily, management of the debtor continues in place after the filing of the bankruptcy. However, creditors can ask the bankruptcy judge to replace management with a trustee in certain circumstances. An automatic stay prevents creditors from continuing with actions against the debtor or its assets. Often, creditors having a lien against property belonging to the debtor will ask the court for permission to foreclose on those assets. The goal for the debtor in a commercial bankruptcy is to confirm a plan of reorganization. Creditors have the right to oppose confirmation of the plan or ask the court to dismiss the case or convert in to another bankruptcy chapter. Litigation in a bankruptcy case general follows the outline above.
Legal dramas on TV and movies often distort the reality of what business litigation really is. In reality, civil and business litigation are complicated, and most cases never reach courtrooms. Whether you are a complainant or defending someone else’s complaint or are a creditor or debtor in a bankruptcy case, our legal team’s goal is to find a speedy resolution that protects our clients, whether it’s through litigation, mediation, or negotiation.
At Tiffany & Bosco, we make your business our business and defend it like it’s ours. Learn more about our business litigation team below, or call Tiffany & Bosco to schedule a consultation.