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Litigation

What is commercial litigation

Entering into a business agreement is one of the most important decisions you will ever make.  Sometimes these arrangements return exponential dividends and legacies are created.  Many times, however, the business or one of the agreements has unforeseen complications, disagreements, investigations, or worse.  When this happens, the fallout can not only negatively affect your company, but may also impact your livelihood.

In such cases, you need a strong, competent, and zealous advocate on your side.  The lawyers at Hew & Bordenave have years of experience representing both plaintiffs and defendants in contract disputes, business entity disputes between members, shareholders, and officers, as well as numerous investor disputes.

Commercial disputes may be resolved with a simple firm assessment and demand on your opposition.  However, sometimes these disputes put everything at risk and when parties cannot be reasoned with, we are prepared to take your case through arbitration, mediation, or trial in Hawaii or California State or Federal Court.

Something to think about

Commercial litigation is not always going to court.  Sometimes it is mediation and arbitration.  In mediation, the parties work with a mediator and agree how to resolve a dispute or issue.  Because the parties agree to the resolution, this is often one of the most effective methods to not just settle your differences, but the parties stick to the agreement – because the agreed to do that.

If mediation is not available, arbitration is often used (or required) in many commercial disputes.  Arbitration is essentially akin to a private trial.  Both sides are given the opportunity to go through discovery and the arbitration hearing, and an arbitrator, or panel of arbitrators, render an award. This award is final and binding the same as a judgment, and can be enforced just like a judgment.  The advantage of arbitration, unlike a trial, is it is often quicker and private.

Another commercial litigation tactic is acting preemptively in conjunction with your transactional attorney to stave off potential lawsuits.   For this, we offer contract audits and commercial transaction analysis.  With this service, we will look over a deal, whether contentious or amicable and provide a breakdown of its strong points and weaknesses.  Sometimes it is easy to see that you are getting a good deal, but did you know that a particular indemnification clause, or debt procurement provision can harm the deal, and your business, well after the deal closes? At that point, it becomes a lawsuit (or sometimes many lawsuits), and it is costly to fix.

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This website contains general information about H&B and is provided “as is” and without warranty of any kind, express or implied. Any information contained on this site is not intended to be legal advice, and it should not be considered as advice or relied upon as such. The content of this site should not be used as a substitute for the professional judgment of an attorney. Anyone needing legal advice should consider seeking out an attorney in their relevant jurisdiction. Any information presented on this website regarding prior results is not guarantee similar outcomes for anyone or other clients.

If you decide to contact H&B through this website understand that shall not establish an attorney-client relationship. Any information or documents transmitted by you to H&B, without a signed engagement letter between you and H&B, shall not be treated as confidential, secret, or protected in any way. 

In accordance with the Hawaii Rules of Professional Conduct, this website may be considered attorney advertising. The materials contained on this website have been prepared by H&B for informational purposes only, may not reflect current legal developments and do not constitute legal advice.

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June 2021

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This website is owned and maintained by Hew & Bordenave, LLP (H&B), a law firm based in Honolulu, Hawaii, USA. This page outlines H&B’s PRIVACY POLICY with respect to your interaction with our website and how we handle your personal information if we receive it through your use of our website.

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Effective June 2021