US Business Litigation Attorney

Most commercial cases that settle resolve within roughly one to two years; cases that go to trial commonly take two to four years or more depending on the court and complexity. Federal and state courts move at different speeds, and discovery is the phase that consumes the most time. Arbitration is typically faster. The realistic expectation is that litigation is a multi-year commitment unless an early settlement is reached.

Costs vary enormously with complexity, but a contested commercial case is expensive — often reaching well into five or six figures once discovery, expert witnesses, and motion practice are included. Fee structures differ: commercial disputes are usually hourly, while some claims can be taken on contingency. Before filing, ask for a phased budget with estimates through the pleading stage, through discovery, and through trial, and compare that honestly to the amount in dispute and the defendant's ability to pay.

Usually not for procedural hearings — your attorney appears for you, and many courts now allow remote appearances for conferences and motion hearings. Personal appearance generally becomes necessary for your deposition, for any evidentiary hearing where you are a witness, and for trial. If you cannot obtain a US visa, tell your attorney early, because it affects strategy, the value of the case, and whether arbitration is a better forum.

Discovery is the pre-trial phase where each side must turn over relevant documents and answer questions under oath, and it is expensive because it is thorough: collecting and reviewing emails, messages, and records consumes enormous attorney time, and depositions require preparation for every witness. US discovery is far broader than what Turkish litigants expect, and internal communications you never imagined producing are often discoverable. This is also why cases settle — the cost and exposure of discovery pushes both sides toward resolution.

Act quickly, because in these disputes assets can be moved while you wait. The immediate steps are to preserve all evidence, send a formal demand, and have counsel assess an emergency application for a temporary restraining order or an injunction to freeze accounts and protect assets. In parallel, you may have rights to inspect company books and records, and claims for breach of fiduciary duty against a partner who excludes you. What you can obtain depends heavily on what your operating agreement says and on state law.

Winning a judgment and collecting on it are separate battles — the court does not collect for you. Enforcement tools include garnishing bank accounts and receivables, placing liens on property, obtaining a court order requiring the debtor to disclose assets, and domesticating the judgment in other states where assets sit. A defendant with no reachable assets makes a judgment worth little, which is why an asset assessment before you file is one of the most valuable steps in the entire process.

Settlement is the right outcome in the large majority of partnership disputes, and the reason is practical rather than timid: trial is expensive, slow, public, and uncertain, and partnership cases often turn on credibility and informal agreements that are difficult to prove. Settlement also allows outcomes a court cannot order, such as a structured buyout, a division of clients or assets, or mutual releases. Trial makes sense when the other side will not engage seriously or when a legal principle needs to be decided.

Not directly — a US judgment has no automatic effect in Türkiye. To reach Turkish assets you must bring a recognition and enforcement action (tenfiz) before a Turkish court, which reviews the judgment against conditions including reciprocity, proper service, and public policy. The process takes time and is not guaranteed. This is the single strongest argument for an arbitration clause in cross-border contracts, since arbitral awards are enforced under the New York Convention on a much more predictable basis.

In Texas the limitations period for breach of a written contract is generally four years from when the claim accrues, but deadlines vary by state and by claim type, and some contracts shorten the period by agreement. Related claims such as fraud or unjust enrichment may have different periods. Because the clock usually starts at breach rather than at discovery, waiting to see whether the counterparty will pay is a common and costly mistake. Have the deadline assessed as soon as a dispute emerges.

The court will enter a default judgment against you, and it is enforceable — ignoring a US lawsuit does not make it go away and generally makes the outcome far worse. A default judgment can be enforced against any US assets, revenue held by US payment processors, and property in other states, and the plaintiff may attempt recognition in Türkiye. Setting aside a default is possible but difficult and requires prompt action with a valid reason. Respond within the deadline even if you believe the claim is baseless.

The default rules of the state's corporate or LLC statute apply, and they are rarely what either party assumed. Without an agreement, courts look to the statute plus any course of dealing, financial records, and communications to determine ownership, distributions, and management rights. Outcomes are much less predictable, and remedies can include a court-ordered buyout, a receivership, or judicial dissolution in extreme cases. If you are in this position, gather your documentation of contributions and conduct before positions harden.

Sometimes — the American rule is that each side bears its own fees unless a contract or a statute provides otherwise. In Texas, a statute allows recovery of reasonable attorney fees in certain breach of contract claims, and a well-drafted fee-shifting clause in your contract is the most reliable route. Note that a one-sided fee clause may be applied reciprocally in some states. Factor fee recovery into your strategy, but do not build a case budget assuming it.

A preliminary injunction is a court order requiring a party to do or stop doing something while the case proceeds, and it is used when waiting for a final judgment would cause harm that money cannot repair. Typical triggers are a partner draining company accounts, a former employee taking confidential data to a competitor, a distributor selling counterfeit goods, or a party about to transfer assets beyond reach. These applications move on a compressed timetable, sometimes within days, so speed in engaging counsel matters enormously.

You need counsel admitted in the relevant court, but that does not mean starting a new relationship from scratch — a firm that knows your business can direct the case and associate local counsel where required. The venue is often set by your contract rather than by where the dispute arose, which is another reason the forum selection clause deserves attention before signing. Ask how local counsel is chosen, who leads strategy, and how billing is coordinated between the two.

Yes, and the first case evaluation is free. We look at what your contract actually says, whether the deadline to file has passed, whether the other side has assets worth pursuing, and what the realistic cost of the case is against the realistic recovery. Bring the contract, the correspondence and any invoices or payment records. A fair number of the disputes brought to us are better resolved with a demand letter than a filing, and we will tell you when that is the case.