At Riley Bennett Egloff LLP, our Indiana-based attorneys help individuals, businesses, non-profits and municipalities navigate legal matters with integrity, experience, and practical insight. Below are answers to some of the most common questions businesses ask about our litigation and dispute resolution services.
Business and Commercial Litigation and Dispute Resolution FAQs
What is business and commercial litigation?
Business and commercial litigation refers to the resolution of disputes arising out of a business relationship, whether as parties to a commercial contract or as co-owners of a business organization. These disputes might involve operations, contracts, ownership rights, and commercial transactions between companies or business stakeholders. These can be resolved in lawsuits in state or federal court, or alternative dispute resolution proceedings, such as arbitration.
What types of business disputes do you handle?
We handle disputes involving contracts, shareholders and partners, business torts, non-compete and non-solicitation agreements, trade secrets, insurance coverage, commercial real estate, employment matters, product liability, and toxic tort claims. Our attorneys also assist businesses with disputes arising out of regulatory matters at the local, state and federal levels of government.
Do you represent both plaintiffs and defendants in commercial litigation?
Yes. We represent business organizations, business owners, and professionals as plaintiffs pursuing claims and defendants responding to lawsuits or threatened litigation. Our focus is on aligning strategy to accomplish your business objectives efficiently and effectively.
When should I contact a business litigation attorney?
You should contact a business litigation attorney as soon as a significant dispute arises or once you receive a demand letter, a lawsuit, or regulatory notice for your business. It’s less easy to determine when you may need a business litigation attorney to protect your rights as a claimant. Those with potential business claims should consider contacting a business litigation attorney as soon as the involved parties refuse your reasonable requests or stop responding to your inquiries, or when you otherwise sense that your rights are not being respected. Early legal advice can help preserve evidence, protect your rights, and position your business for a better outcome, often before a lawsuit is filed.
What are common types of business contract disputes?
Common disputes involve alleged breaches of supply or services agreements, such as payment and performance issues, indemnity obligations, and disagreements about ambiguous contract terms. Disputes also frequently arise from the sale or purchase of a business, commercial leases, and multi-document commercial transactions.
How are shareholder, member, and partnership disputes handled?
Ownership disputes may involve deadlock among owners, claims of breach of fiduciary duty, valuation and buyout disagreements, or conflicts over management and control. Our attorneys work to resolve these matters expeditiously but are prepared to seek court intervention when necessary to protect our clients’ interests.
What is a non-compete or non-solicitation agreement?
A non-compete or non-solicitation agreement restricts a former employee, owner, or business partner from competing with a company or soliciting its customers or employees, often for a period of time and with a defined geographic area. Indiana courts closely scrutinize these covenants — particularly so in employment contracts — so the enforceability of these agreements requires careful analysis.
How do you assist clients in protecting their trade secrets and confidential information?
Protecting trade secrets and confidential information is a two-step process. First, we assist clients in determining who has their confidential business information and who should be required to sign non-disclosure and other restrictive covenants. Second, when those agreements are breached, we prosecute claims against those who misappropriate trade secrets, misuse other kinds of confidential business information, and otherwise engage in unfair competition. This includes seeking an award of money damages or injunctions (i.e., Court Orders that prevent the future misuse of confidential information).
What are Indiana’s Commercial Courts?
Our attorneys are well-versed in Indiana’s Commercial Courts, which are specialized Courts designed to handle complex business and commercial disputes in a more timely manner. They apply the same laws as other state courts but follow case management practices tailored to business cases to promote a more efficient resolution.
Do you handle business cases in other Courts as well?
Yes. Our business and commercial litigators handle cases in Indiana state and federal trial courts, as well as appeals to the Indiana Court of Appeals, the Indiana Supreme Court, and the U.S. Court of Appeals for the Seventh Circuit. We are occasionally asked to represent clients in cases pending in other states. We also serve as local counsel for out-of-state businesses and law firms with business cases pending in Indiana Courts.
Is business litigation covered by insurance?
The answer depends on the types of claims that are being asserted. Some business-related claims are covered by commercial general liability policies, directors and officers liability (D&O) policies, professional errors and omissions (E&O) policies, or other specialized insurance policies. We assist clients in evaluating potential coverage for claims (both as counsel for plaintiffs seeking to ‘plead into’ available insurance coverage), negotiating with insurers, and litigating coverage disputes when necessary.
Will my case go to trial or can it be settled?
Many business and commercial disputes are resolved through negotiation, mediation, or arbitration rather than trial. However, when an acceptable resolution cannot be reached, our litigators are prepared to present your case to a judge or jury to protect your rights.
What is mediation or arbitration, and how can it help?
Mediation is a settlement negotiation facilitated by a neutral mediator. Arbitration is a trial in which a neutral hired by the parties — frequently an attorney or retired Judge — decides the outcome of the case. Both are confidential processes that can offer faster, more flexible, and more private resolutions than Court litigation for many business disputes.
How long does business or commercial litigation usually take?
The length of a case depends on the complexity of the issues, the Court’s schedule, and how extensively the parties litigate before engaging in settlement negotiations. Some matters resolve in a few months, while complex cases — especially those involving multiple parties or appeals — can take a year or more.
How much does it cost to pursue or defend a business lawsuit?
Costs vary depending on the complexity of the dispute, the amount of discovery, motion practice, and whether the case proceeds to trial or appeal. We discuss budgets, fee structures, and cost-management strategies at the outset and throughout the case so you can make informed business decisions.
Why choose a local Indianapolis business and commercial litigation firm?
A local firm understands Indiana courts, judges, and Commercial Court practices, which can provide meaningful advantages in strategy and case management. Local counsel also offers convenient access and familiarity with the players in local industries, and established relationships within the business and legal community.