SW&L Attorneys provides representation to businesses and individuals who find themselves involved in a lawsuit in North Dakota and Northern Minnesota.
Commercial litigation involves a dispute between businesses or people. Often the underlying matter involves a breach of contract, nonpayment of goods and services, fraud or misrepresentation, negligence in the construction industry, property disputes, or unlawful taking of property by the government. f
Our attorneys have extensive experience conducting jury trials, arbitration hearings, mediation, and appeals to the North Dakota Supreme Court. Our litigation attorneys are knowledgeable, experienced, and fearless.
Mediation And Arbitration
Mediation. Mediation requires a well-informed, skilled, and competent attorney. We provide our clients with an honest assessment of their cases before mediation to help effectively negotiate a settlement that is beneficial to our clients. In mediation, the parties meet with a third-party neutral to try and work out issues privately. It offers the parties some measure of control of the outcome of a lawsuit, rather than relying on the decision of a judge or jury. It is less expensive than going to trial and allows the parties to agree on a result and possibly repair a business relationship.
Arbitration. We help our clients prepare for and effectively participate in this out-of-court dispute resolution process, which is often faster and more cost effective than traditional litigation. Our attorneys are well-schooled in the American Arbitration Association (AAA) rules and procedures. Arbitration may be required by a provision in a business contract for alternative dispute resolution. Or the parties could agree to use an arbitrator to resolve their dispute instead of using the court system. The arbitration process is more informal than going to court and often a final result can be achieved sooner than full-blown litigation and a trial.
Trial And The Courtroom
SW&L Attorneys help our clients prepare for and effectively assert their rights in a lawsuit. This includes a jury trial, if necessary, and all the steps leading up to it. Conducting a jury trial is a difficult process controlled by many rules, laws, and customs. Our litigation attorneys have extensive experience in all stages of the litigation process, from the initial complaint to jury trial.
Whether our clients win their lawsuit or lose, an appeal of the final determination is always a possibility. If our clients need to appeal the result, or our clients need to respond to an appeal from another party we will write the appeal brief and appear before the appeals court to zealously advocate for our client’s position. Our litigation attorneys have been involved in over 50 appeals to the North Dakota Supreme Court.
SW&L Attorneys realize that some business assets need to be protected before and during a lawsuit, not just at the end. Injunctive relief is a means of maintaining the “status quo” of a business while the legal dispute sorts itself out in court. We help our clients at each stage of injunctive relief: temporary restraining orders, preliminary injunctions, and permanent injunctions. The court must consider the following factors on whether to issue an order for injunctive relief: (1) substantial probability of succeeding on the merits; (2) irreparable injury; (3) harm to other interested parties; and (4) effect on public interest. Our litigators know how to navigate this technical process through the court system to protect your business assets.
Piercing The Corporate Veil
There are times when the corporation you sued no longer has any assets. When that happens, it may be time to pierce the corporate veil of protection and go after the assets of the people behind the business. Individual officers of a business entity can be held liable for damages if the company had insufficient capitalization, failed to observe corporate formalities, was insolvent at the time of the transaction, or otherwise acted as an alter ego for the individuals involved. Sometimes whether it’s worth it to sue a company can be determined by the ability to pierce the corporate veil to recover damages.
One of the most common questions from our clients is whether they can recover their attorney’s fees in the lawsuit. This depends on a number of factors. The court may award attorney’s fees to the prevailing party, but only in a limited set of circumstances. Determining the prevailing party in a lawsuit is based on the merits of the case, not the amount of damages. There are statutes that will allow for the award of attorney’s fees to the prevailing party. If the dispute involves a contract, there may be a contract provision that allows for the award of attorney’s fees. Sometimes the question of whether to sue another party comes down to the ability to recover attorney’s fees. SW&L Attorneys helps our clients determine whether they are likely to spend more money on the lawsuit than what they could recover by winning the lawsuit.
Contact SW&L Attorneys Today
You need an experienced and fearless attorney in your corner in litigation. Disputes can range from $10,000 to multi-million dollar lawsuits. SW&L’s litigators are known across North Dakota for their knowledge and work ethic. To discuss your matter, call our lawyers at 701-297-2890.