At Roth Law Group, we devote the majority of our practice to representing clients in lawsuits in Raleigh, North Carolina. Our clients are comprised of small businesses from across the U.S. representing such industries as software design and implementation, manufacturing, shipping, and construction. If you need a Raleigh, N.C. commercial litigation lawyer, we can help.
Many disputes arise out of failed agreements, meaning breach of contract. However, each case is unique and often these disagreements give rise to multiple causes of action. For instance, a breach of a software implementation agreement may give rise not only to a breach of contract action, it may include claims for breach of non-competition clauses, or perhaps third party claims against competitors who may have facilitated the breach of a defendant. It’s even possible that the manufacturer of the software itself could be held liable in the event that the product was defective.
In the event you are a plaintiff, the law firm you hire to represent you should be able to assess the situation and identify the parties facing potential liability, the claims you may assert and any possible counterclaims or third party claims you might face. If you are a defendant in a lawsuit, your law firm should work diligently to uncover all defenses you can assert, potential counterclaims and third-party claims.
Typically, after a plaintiff files a lawsuit, the defendant will determine whether or not a motion to dismiss is warranted. This motion may attack the jurisdiction of the court or the substance (or lack thereof) of the claims as they are pled. The court will almost always allow the plaintiff to amend a complaint to re-plead claims dismissed prior to the filing of an answer by the defendant.
Once the complaint and any other claims have been answered, the court will usually direct the parties to engage in discovery. This includes both fact and opinion in written and deposition form. This is usually when costs begin to accelerate for both parties as the discovery process is generally very time consuming and often involves expensive production of documents and other materials as well as travel and a large amount of attorney time. Consequently, this is the point at which many cases settle if that is possible.
After discovery is complete, there are generally another wave of motions, this time attacking the legal sufficiency of the complaint in light of settled factual issues. Often this will result in individual counts of a complaint being dismissed. However, it is less common for the entire case to be dismissed and when these motions prove unsuccessful, the case moves on to the next phase which is trial.
Our goal at Roth Law Group is to protect you, both legally and economically. With this in mind, we maintain a high level of professionalism. We work to settle matters when settlement would save you time and money and achieve your objective. However, when resolution is not an option, our commercial litigation attorneys stand ready to take aggressive action in court on your behalf. We have the experience to protect you and we never hesitate to enforce your rights in court.
We offer skilled legal representation in numerous areas of the law to include:
- General business litigation
- Breach of contract
- Officer and director breach of fiduciary duty
- Breach of employee non-disclosure
- Breach of non-competition and non-solicitation agreements
- Disparagement and defamation
- False advertising
- Unfair business practices and competition
- Trade secret violations
- Trademark infringement
Raleigh Commercial Litigation Lawyers
At Roth Law Group, we place great importance on taking action to help your business prosper. Contact The Roth Law Group at (919) 410-8107 to talk with our knowledgeable Raleigh, N.C. commercial litigation attorneys about your needs.