Business disputes, in and out of court
Business disputes rarely wait for a convenient time. A customer stops paying, a partner walks away with clients, a landlord claims a lease default, or a funder sues the company and its owner at once. Usher Law Group represents businesses and business owners in New York and New Jersey on both sides of these cases: when you need to bring a claim, and when a claim has been brought against you.
Disputes we handle
- Breach of contract, including unpaid invoices, supply and service agreements, and failed deals
- Partnership and shareholder disputes, including disagreements among LLC members
- Commercial lease and commercial property disputes
- Intellectual property disputes involving trademarks, copyrights and business information
- Business-side employment disputes, such as claims under non-compete or non-disclosure agreements
- Merchant cash advance lawsuits and confessions of judgment
- Commercial debt collection and defense
A business usually needs a lawyer to appear in court
In New York, a corporation generally must appear in a lawsuit through an attorney, with limited exceptions such as small claims and commercial claims parts. An owner or employee who is not a lawyer usually cannot file an answer for the company. If a business is sued and no attorney appears for it, the plaintiff can ask for a default judgment, which can then be enforced against the company's bank accounts and assets.
How we approach a commercial case
- Read the documents first. We review the contract, any guaranty, and the correspondence. Many business contracts include clauses that control where and how a dispute is decided, such as forum selection, arbitration, jury waiver, notice and cure, and attorney's fee provisions.
- Check deadlines. We confirm the time to answer a complaint and whether any claim is close to its statute of limitations.
- Explain the options. That can include a demand letter, negotiation, mediation, arbitration or a lawsuit, along with the likely costs and risks of each.
- Litigate when needed. We draft pleadings and motions, handle discovery, and appear in court. We keep settlement discussions open where they make sense for the business.
What to gather now
- The contract, all amendments, and any personal guaranty
- Invoices, payment records and account statements
- Emails, text messages and letters with the other side
- Any summons, complaint, demand letter or notice of default, with the date you received it
- Formation documents and operating or shareholder agreements for partnership and ownership disputes
Procedural points to keep in mind
- The time to respond to a lawsuit is short and depends on the court and how the papers were served. Missing it can lead to a default judgment.
- In New York, a claim for breach of contract generally must be brought within six years, but some contracts shorten that period and other claims have different limits.
- Larger business cases in New York Supreme Court may be assigned to the Commercial Division, which has its own rules and practices.
- New Jersey and federal courts follow their own procedures, and the right forum depends on the parties, the amount in dispute and the contract.
Frequently asked questions
Can I represent my own company in a New York lawsuit?
Generally no. New York law requires a corporation to appear through an attorney in most courts, with limited exceptions such as small claims and commercial claims parts. If no lawyer appears for the company, the plaintiff can seek a default judgment.
Our contract has an arbitration clause. Can we still go to court?
It depends on the wording of the clause and the type of claim. Many arbitration clauses require the dispute to be decided by an arbitrator instead of a judge. We review the clause before deciding where to file or how to respond.
How long do I have to sue for breach of contract in New York?
The general limit in New York is six years, but a contract can set a shorter period, and related claims such as fraud or claims under the Uniform Commercial Code may have different limits. Have an attorney check the dates as early as possible.
Do you represent businesses that are being sued?
Yes. We represent both plaintiffs and defendants in commercial disputes, including merchant cash advance lawsuits and commercial debt cases.