Business & Commercial Litigation

Overview

Business dispute resolution requires more than the ability to litigate. Successful business resolution requires the ability to quickly assess the merits of a client’s case, determine strategies for seeking a resolution, and negotiate effectively in seeking to reach a resolution.

As litigation attorneys with decades of experience, we help clients pursue and defend all types of business disputes, ranging from contract matters to bet-the-company litigation. We recognize that clients need a commercial litigation law firm that doubles as a strategic partner, crafting clear, cost-effective litigation plans. KTC is that partner.

Our primary goal is to reach the desired outcome as expeditiously as possible to avoid a costly and drawn-out litigation. We are mindful of – and seek to minimize – the inherent internal costs associated with litigation. This includes managerial, executive time costs and operational distractions. When handling a dispute, we strive to take as much of the pressure as possible off of our clients – we will shoulder the  litigation burden.

We excel in the complexities of both federal and state courts, along with administrative forums and alternative dispute resolution processes. We represent clients across all industries and phases of corporate growth. A representative sample of our client industries includes:

• Aviation
• Aerospace
• Biotech
• Cannabis & Hemp
• Construction
• Healthcare
• Hospitality
• Insurance
• Pharmaceutical
• Real Estate and Land Use
• Technology, Cybersecurity & AI
• Transportation, Trade & Commerce

Our Strategic Approach

All business disputes will typically resolve in one of three ways: the initiating party will drop the lawsuit, the parties will resolve the dispute through negotiation or an alternative dispute resolution forum, such as mediation or arbitration; or the dispute will be resolved through litigation.

In most cases, litigation will typically be considered the last option, as it almost always is the most costly and time-consuming option. As a result, often the first approach to a business dispute will be to seek a negotiated resolution, sometimes even before a lawsuit is filed.

When a client comes to us with a business dispute, we make every effort to facilitate resolution as promptly and efficiently as possible. If litigation is necessary, our objective is to pursue the dispute vigorously in order to allow our clients to resolve their case from a position of strength, either through continued negotiations, mediation, or ultimately on the merits at trial or in arbitration.

Our Client-Centric Approach – Providing an Unbiased Case Assessment

Every dispute is as distinct as the businesses involved. Our approach is tailored and always involves prioritizing each client’s goals and objectives.

A critical aspect of serving as a commercial litigator is the need to quickly assess the merits of a client’s case based upon facts, evidence that might be introduced at trial, and the law. Clients deserve a full and unbiased assessment of their case as soon as possible. We provide such an assessment to illuminate the risks, prospects, and associated costs of a matter, empowering our clients to make informed decisions at every step.

We always put the interests of our clients first. If it makes sense to vigorously seek settlement instead of immediately pursuing all-out litigation, that will be our recommendation.

Preparing for Success Through Mediation

A large percentage of significant business disputes go through the mediation process. Our approach to mediation is to develop a comprehensive client position.  Based on our experience, this helps the opposing party further recognize that if the mediation is not successful, there are clear risks to be faced should the case go to trial. Many law firms do not take this approach, and instead postpone the process of establishing their client’s position only when a trial appears to be inevitable.

We are frequently involved in alternative dispute resolution processes. This includes mediation and commercial arbitration before the American Arbitration Association and other alternative dispute service providers. Our attorneys also have served as arbitrators and mediators through the courts, the American Arbitration Association, and other organizations.

Trial

Our business lawyers are also veteran trial attorneys.  They are experienced in state and federal courts throughout Washington State, Oregon, Idaho, Alaska, and several others.

Commercial Litigation Challenges

We represent clients in virtually every type of business dispute that may occur. We have substantial experience in representing clients in the following matters:

• Accounting, legal, and other professional malpractice issues
• Business acquisition and dissolution disputes
• Business and property valuation matters
• Civil RICO (Racketeer Influenced and Corrupt Organization) actions
• Claims involving charges of breach of fiduciary duties
• Class actions
• Contract disputes and breaches
• Corporate derivative actions
• Creditors’ rights
• Franchise disputes
• Judicial and non-judicial foreclosure proceedings and lien rights enforcement actions
• Lender liability and other debt collection matters
• Misrepresentation and fraud claims
• Non-compete agreement disputes
• Real estate disputes involving matters such as leases, condemnation, contamination, liens, encroachment, adverse possession, and other property rights
• Sale of goods and other Uniform Commercial Code disputes
• Securities claims
• Shareholder, LLC member, and partnership disagreements
• Tortious interference with contracts or business relationships, and other business tort claims
• Trade secret, trademark, copyright, patent, and other intellectual property claims

Representative Litigation Matters

• Represented a franchisee of a national rental car company in federal district court, achieving a jury verdict of $8,705,000.00.
• Represented an outboard marine manufacturer in an antitrust suit against a marine trade association regarding the allocation of space at a major regional boat show.
• Represented a large regional distributor in an antitrust investigation by the states of Washington and Oregon regarding wholesale pricing practices.
• Advised a national retailer of electronics and technology products in a contract dispute regarding business interruption losses.
• Represented a local construction-supply retailer in a dispute regarding alleged commercial disparagement and unfair trade practices.
• Represented a regional contractor/gravel pit operator in a contract dispute with an asphalt contractor involving significant potential monetary damages and other commercial considerations.
• Represented a local manufacturer of ultra-high-weight molecular polyethylene in a case involving product disparagement and unfair trade practices claims, which was brought in federal district court by its chief competitor, a Fortune 500 company. A full dismissal of all claims was achieved prior to trial, and all attorneys’ fees were recouped from the client’s insurers.
• We defended an investment advisor in litigation and arbitration involving securities and related claims of $57,000,000.00. We obtained dismissal of all claims and an award of approximately $1.5 million in attorney fees and costs against plaintiff after four-week American Arbitration Association commercial arbitration before a three-person panel.
• We successfully tried plaintiffs’ securities case in King County Superior Court and obtained judgment on all claims, including damages for negligent infliction of emotional distress.
• Represented defendants in a San Juan County Superior Court trial involving a partnership dispute and prevailed on all claims, including award of attorney fees and costs against plaintiff.
• Represented a board of directors of a publicly traded company to serve as special outside counsel to perform investigation and report back to the CEO and the Chair of the company’s audit committee regarding allegations of wrongdoing by senior management.
• In a case filed in federal court in Eastern Washington, we defended an agricultural cooperative against claims asserted by a terminated grower/member. We obtained dismissal of all claims in the trial court, and the Ninth Circuit affirmed the dismissal and awarded attorney fees and costs.

A Legacy of Distinction in Business Litigation

As commercial litigation trial lawyers, KTC has a long tradition of excellence in dispute representation. Some of our accolades include:

• Leadership roles in esteemed organizations such as the International Association of Defense Counsel, Washington Defense Trial Lawyers’ Association, Washington State Bar Association, King County Bar Association, and Federal Bar Association for the Western District of Washington.
• The honor of having fellows within the American College of Trial Lawyers.
• The distinction of having our very own serve as the First appointed Chair of the State Judicial Discipline Commission and members of the Supreme Court-appointed Washington Pattern Jury Instruction Committee.

Our commitment and expertise have repeatedly been recognized, with features in:

• Washington Law & Politics magazine’s “Super Lawyers”
• Washington CEO magazine’s “Top Attorneys”
• Seattle Magazine’s “Top Attorneys”
• Seattle Business Monthly as one of Seattle’s “Top Business Attorneys.”