FAQs about our Business Litigation Services

Helpful advice from experienced, knowledgeable Hawaii business litigation attorneys

What should your company do when faced with a lawsuit? What's the best way to resolve such legal matters? Fighting the issue in court? Arbitration? Or agreeing to an out-of-court settlement? At Torkildson, Katz, Moore, Hetherington & Harris, Attorneys at Law, we take business litigation questions very seriously. Our attorneys also believe strongly in working closely with clients to develop unique solutions for complex legal problems. Every business dispute is different.

Click through the following FAQs to find answers to your questions. Call us to arrange a consultation if you need to speak to an attorney.

What should I do if someone files a lawsuit against my company?

Contact an attorney as soon as possible to discuss your specific lawsuit. Even if you believe the lawsuit does not have any merit, it is critical that you take such matters seriously and address the lawsuit in a timely, professional manner. Our law firm can work with your company to analyze the lawsuit and help you decide the next step.

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What is the best way to resolve a contract dispute?

Contract disputes can quickly become contentious. When companies or individuals become embroiled in a contract dispute, negotiations can break down and interfere with the day-to-day operation of your business.

Our goal is to help your company resolve the dispute in a timely manner that also is beneficial to your business. Many different methods exist for resolving contract disputes. The primary methods include:

  • Negotiation
  • Mediation
  • Arbitration
  • Litigation

In every case, the goal is to resolve the dispute in a way that helps your business, or at least minimizes any negative impact.  The company that you have a dispute with today might be a valuable customer or supplier - resolving the dispute without ending the relationship may be important.  We want to understand the big picture and come up with the best overall solution.

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Are there alternatives to going to court to resolve a business dispute?

Yes. There are many ways to resolve a dispute between two businesses other than filing a lawsuit or going to trial in court. Such methods of conflict resolution are often collectively known as alternative dispute resolution. ADR may include mediation, arbitration, neutral evaluation and conciliation.  We can help you to understand the advantages and disadvantages of various choices in the context of your particular case.

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What should I do if a class-action lawsuit has been filed against my business?

Class action lawsuits involve many people taking collective legal action against a single company for the same reasons. For example, consumers claiming they were misled by a company's sales practices might try to sue the company on behalf of themselves and all other customers who bought the same product or service.

Our law firm can help your company analyze the class action lawsuit filed against your business. Once we have reviewed the lawsuit in detail, we can then offer you our advice on the best approach to defending the case. Different approaches may exist depending on the details of your case. That's why we want to meet with you and discuss all of your legal options.

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What should my company do if it is accused of unfair trade practices?

Allegations of unfair and deceptive trade practices can be serious. Even if the claims are false or frivolous, failure to present a proper defense can lead to drastic consequences.  Our experienced attorneys can work with your company and develop a comprehensive plan to deal with claims of this nature.

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How should companies respond to an internal corporate or partnership dispute?

Co-owners or business partners sometimes become involved in a dispute over the operation of the company. Many internal corporate or partnership disputes can be resolved in an amicable manner. But sometimes, a disagreement reaches the point where the parties cannot agree on important business matters. When this occurs, it is important to seek legal counsel. Even though most business partners know each other well, and may have been able to resolve disputes in the past, it is always wise to seek an outside perspective from someone with experience handling such complex legal matters.

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Should my company file a lawsuit if our business has been harmed?

There's no simple answer to this question. Generally, there are good reasons to want to avoid litigation when possible.  Sometimes, though, a lawsuit might be the best way to protect your company's interests.  If your business has been harmed by the actions of another company or individual, various legal options may exist. That's why it is important to discuss the details of your case with an attorney as soon as possible.

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