Business Litigation

National & International Transnational Matters

Business Litigation Law includes evaluating, handling and solving contractual and tort claims before State and Federal courts, administrative agencies, mediators, and arbitrators. Examples of business litigation cases include, but are not limited to:

  • breach of contract or fiduciary duty;
  • unfair competition;
  • employer/employee disputes;
  • abuse of trust;
  • infringement of intellectual property rights;
  • tortious interference with contractual relationships;
  • violation of agreements limiting competition;
  • consumer fraud.

Key Challenges in Cross-Border Litigation

International business disputes often involve:

  • Jurisdictional Issues: Determining which country’s courts have the authority to hear a case is a primary concern in international litigation. U.S. courts assess jurisdiction based on factors such as the defendant’s contacts with the forum state and contractual agreements specifying dispute resolution venues.

  • Choice of Law: Contracts between international parties often specify which country’s law will govern the agreement. If not, courts must decide which jurisdiction’s legal principles apply—a process that can lead to unpredictable outcomes.

  • Service of Process: When a party to a lawsuit is located outside the U.S., serving legal documents can be complicated. The Hague Service Convention provides standardized procedures, but some countries impose additional restrictions, making service challenging.

  • Recognition and Enforcement of Judgments: Winning a lawsuit in the U.S. does not guarantee that a judgment will be enforceable in another country. Many nations require that foreign judgments meet their domestic legal standards before enforcement is allowed.

  • Cultural and Linguistic Barriers: Differences in legal traditions, business practices, and languages can create misunderstandings and complicate dispute resolution.

Resolving Cross-Border Disputes

When facing an international business dispute, companies have several options for resolution:

1. Negotiation and Mediation

Many businesses attempt to resolve disputes through direct negotiations or mediation before resorting to litigation. Mediation is particularly beneficial in international cases, as it allows parties to maintain control over the resolution process and avoid costly legal battles.

2. Arbitration

International arbitration is a popular alternative to litigation, especially for businesses seeking a neutral and enforceable dispute resolution mechanism. The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards ensures that arbitration rulings are recognized in over 160 countries, making it a more predictable method than litigation.

3. Litigation in U.S. Courts

If arbitration or mediation fails, businesses may pursue litigation in the U.S. Legal representation from experienced international litigation attorneys is crucial in such cases. Key considerations include:

  • Whether U.S. courts have jurisdiction over the dispute.
  • How to serve process effectively on foreign entities.
  • Potential defenses under foreign laws.
  • The feasibility of enforcing a U.S. judgment abroad.

The Uniform Commercial Code unifies the commercial laws of the United States, having been adopted in all 50 states (with some modification in some States), the District of Columbia, and the American territories.
Nowadays that the economy has a global outlook, commercial transactions have become increasingly international, and businesses are often engaged in legal disputes arising out international commerce, trade, or sales that cross international boundaries. When the parties are unable to settle claims through mediation or arbitration proceedings, International Business Litigation is the only option to resolve them.

Bertollini & O’Reilly, a Litigation Law Firm with offices in New York and New Jersey, represents private clients and corporations in international Business Litigation cases. Our Attorneys have a unique background and experience for handling even the most complex transnational matters.

Simone Bertollini is one of the very few Italian Lawyers in New York with full legal education in both Italy and the United States. Simone has handled a variety of civil and criminal cases in both New York and New Jersey Courts. He is fluent in English, Italian and Spanish.

Paul O’Reilly is also a member of both the New York and New Jersey Bars, and has handled hundreds of civil litigation cases in the past 10 years. Paul has also substantial appellate experience.

Cases we handle

With many years of litigation experience in New York and New Jersey, our Attorneys have the knowledge and skills to take National and International litigation cases involving Italian Business Law and its application in the United States.
Our firm handles commercial litigation cases including, but not limited to:

  • Cases arising out of contracts between U.S. corporations and Italian companies;
  • Breach of contract cases;
  • Enforcement of foreign judgments, enforcement of mediation settlement agreements;
  • Foreign intellectual property disputes;
  • Enforcement of national and international arbitral awards;
  • State and Federal Appeals.

We also work with local Italian Lawyers in collecting U.S. judgments in Italy.

Our Attorneys have a deep understanding of the International Business Litigation doctrines, such as forum non conveniens, personal jurisdiction, and conflicts of laws issues.

Contact an International Business Litigation Law Firm in New York.