The first decisions after service
Commercial litigation starts with a formal deadline to respond, and missing it can lead to a default judgment, so record the date and manner of service right away. Notify your insurers early, because some business policies cover defense costs for certain claims and late notice can put coverage at risk. Read the underlying contract for an arbitration clause, a forum selection clause, or a jury waiver, since any of those can move or reshape the case. Some defenses, such as a challenge to the court's jurisdiction over you, can be lost if they are not raised at the outset. Counterclaims against the plaintiff are worth considering at the same time.
Holding on to the record
Once litigation is reasonably anticipated, a company is expected to preserve relevant information, and courts can impose sanctions when evidence is lost. Suspend automatic deletion of email and chat, identify the employees involved, and tell them in writing to keep their files and devices as they are. Collect the contracts, invoices, and correspondence at the center of the dispute, but avoid creating new internal commentary about the case outside communications with counsel. Personal phones and messaging apps used for business are part of the picture and are frequently overlooked.
How business cases are heard in New York
Many larger business disputes in New York are heard in the Commercial Division of the state Supreme Court, which has its own rules on discovery, motions, and case management and expects parties to keep cases moving. Other matters go to federal court, particularly when the parties are from different states or a federal claim is involved. Discovery is often the most expensive phase, and early decisions about its scope influence the overall cost. In a first meeting we review the complaint, the contract and insurance, the deadline, and the business relationship at stake. We then discuss whether an early resolution, a motion, or a full defense makes the most sense for you.
