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.

Disclaimer

This website is owned and maintained by Hew & Bordenave, LLP (H&B), a law firm based in Honolulu, Hawaii, USA. This DISCLAIMER page outlines the purpose of this website and makes specific disclaimers. Please read carefully.

This website is only for general information and marketing purposes of H&B and its services.

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.

While H&B makes reasonable efforts to keep the information on this website accurate and current, H&B makes no claims or guarantees of accuracy and is not be responsible for any damage or loss related to the inaccuracy, incompleteness or lack of timeliness of the information.

This website may link to other third-party sites beyond the control of H&B. H&B does not necessarily endorse or approve of the information, products or services contained on third-party linked sites, and your linking to a third-party site and use of any information, products or services on such sites, are solely at your own risk.

June 2021

Privacy Policy

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.

PRIVACY POLICY

This Privacy Policy applies to information collected online from users of this website. In this policy, you can learn what kind of information we collect, when and how we might use that information, how we protect the information, and the choices you have with respect to your personal information.

What personal information is collected through this website and how is it used?

We collect information about users from our web server logs and through cookies, where applicable. We do not share any of the information collected with others, unless we say so in this Privacy Policy, or when we believe in good faith that the law requires it. 

The information collected is anonymous and does not contain identifying information about the visitor, but may include information such as their city or region, how they arrived at our site – through direct search or a referral site, how much time they spent on a page, what pages they visited, etc.

Server Logs: When you visit our website, information about your visit may be stored in web server logs, which are records of the activities on our site. The servers automatically capture and save the information electronically, including analytics on visitors. The information collected in web server logs helps us administer the site, analyze its usage, protect the website and its content from inappropriate use and improve the user experience.

Cookies: Our website may use cookies and similar technologies to store and help track information about you. Cookies are simply small pieces of data that are sent to your browser from a web server and stored on your computer’s hard drive. We use cookies to help remind us who you are and to help you navigate our sites during your visits. The use of cookies is relatively standard. Most internet browsers are initially set up to accept cookies, but you can use your browser to either notify you when you receive a cookie or to disable cookies.

By visiting this website, you consent to the use of cookies and similar technologies in accordance with this Privacy Policy.

Third-party services: We may use services hosted by third parties to assist in providing administering our website and to help us understand the use of our site by our visitors. These services may collect information sent by your browser as part of a web page request, including your IP address or cookies. If these third-party services collect information, they do so anonymously and in the aggregate to provide information helpful to us such as website trends, without identifying individual visitors.

California Do Not Track: Our web services do not alter, change, or respond upon receiving Do Not Track (DNT) requests or signals in browsers. As described in more detail above, we track user activity using web server logs, cookies and similar technologies. Information collected in web server logs helps us analyze website usage and improve the user’s experience.

How is personal information protected?

We take certain appropriate security measures to help protect data collected from our website from accidental loss and from unauthorized access, use or disclosure. However, we cannot guarantee that unauthorized persons will always be unable to defeat our security measures.

Who has access to the information?

We will not sell, rent, or lease any data collected from our website.

If you have any additional questions or concerns about this Privacy Policy, please contact us via the information provided on this website. If our information practices change in a significant way, we will post the policy changes here.

What happens if I Contact You or Submit Information or Documentation through the Website?

We of course appreciate any interest in our firm and its services. However, if you decide to contact H&B through this website and submit any information, such as using our “Contact Us” form, then please understand that action in of itself shall not establish an attorney-client relationship. Any information or documents transmitted by you to H&B,  via the website, such as the “Contact Us” form and if you do not have a signed engagement letter between you and H&B, then that information or documentation shall not be treated as confidential, secret, or protected in any way with respect to the attorney-client relationship. Therefore, do not submit any information or documents in this way other than your contact information and a basic explanation as to why you are contacting H&B (e.g. setting up a no-cost initial consultation).

As to data, contact information, and processing your Contact Us submission we will handle that according to this PRIVACY POLICY. If your submission requires further follow-up, we will contact you based on the contact information you submitted, usually within 2-3 business days.

Effective June 2021