Provo Attorneys Provide Strong Advocacy in Business Litigation Matters

Helping Utah companies resolve legal challenges successfully since 1957

Business success is difficult enough even under the best of circumstances. When disputes arise, entrepreneurs and executives are reluctant to engage in litigation that could drain resources and distract from key objectives. However, there are situations where going to court is the optimal way to safeguard company interests. At Jeffs & Jeffs, P.C. in Provo, our attorneys have decades of experience litigating commercial disputes throughout Utah, with a track record of successful outcomes. We will outline your options and will deliver exceptional advocacy when litigation is the best path forward. 

How does business litigation differ from mediation or arbitration?

Conflicts over business issues can often – though not always – be resolved without a trial. For several reasons, including cost and privacy, parties often pursue a negotiated settlement or turn to a method of alternative dispute resolution. This is particularly true for internal conflicts, such as shareholder and partnership disputes. One popular option for resolving these disputes is mediation, where a neutral third party works to help the parties reach consensus. Another alternative is arbitration, in which an impartial arbitrator listens to both sides and renders a decision that can be binding or non-binding. Both of these processes avoid the formalities of litigation, such as discovery and motion practice, and so almost always lead to a quicker outcome. However, there are scenarios where these processes may be impractical or inappropriate.

When is litigation an appropriate option for Utah businesses? 

Litigation is an appropriate option when it gives business leaders the best chance to secure the result they seek. In some cases, the parties involved in a business dispute are too far apart to reach a settlement through mediation or to put the decision in the hands of an arbitrator. High-value disputes or situations involving allegations of unlawful behavior might also make a party less likely to settle. Our attorneys will evaluate your situation in order to make an informed decision on the best way to proceed. 

How does the business litigation process work? 

A business-related lawsuit starts with the filing and service of a complaint, which states the facts of the dispute and the causes of action asserted. In commercial matters where at least $300,000 is at stake, the Business and Chancery Court in Salt Lake City has statewide jurisdiction. The defendant then submits their response, which might include a counterclaim. Should no settlement be reached, the parties will engage in the discovery process, which can include document requests, interrogatories, depositions, site inspections and exchange of expert reports. Prior to trial, the litigants might file multiple motions, which might seek summary judgment, exclusion of certain evidence or other types of relief. When pretrial motions are resolved, the judge sets a date for each side to present their case in court. 

How long do business cases take to resolve? 

No two cases are identical and the length of a litigated case depends on numerous factors, some of which are impossible to project. However, we use our background in taking complex cases to trial to help you gain a perspective as to how long each phase of the legal process might take. Some cases go from the filing of a complaint to a verdict in less than a year, but your specific timeframe will depend on the volume of evidence involved, whether summary judgment is sought, the level of discovery required and the court’s docket. 

What damages can Utah businesses recover through litigation?

Typically, the prevailing parties in business litigation cases can be awarded one or more types of monetary damages. Compensatory damages are designed to make the plaintiff whole for the direct harm caused by the defendant. Consequential damages address foreseeable indirect losses stemming from a party’s alleged misconduct. In issues involving sales and acquisitions, it is important to review the language of the transaction document to see whether the parties agreed to waive consequential damages or included a liquidated damages clause. Punitive damages may be awarded in situations where clear and convincing evidence of willful misconduct exists. 

Contact an experienced Utah business litigator to discuss your issue

Jeffs & Jeffs, P.C. represents Utah companies in a wide range of business litigation matters. For a consultation, please call us at 801-373-8848 or contact us online. Our office is located two blocks from the Provo courthouse and one block from the Latter-Day Saints Historic Provo Temple.