Civil litigation refers to lawsuits in which a plaintiff is seeking to recover money or property from a defendant and/or to effect a change in the defendant’s behavior. This latter remedy is known as “injunctive relief,” as where a business seeks to prevent a former employee from operating a competing business in violation of a non-compete provision in his employment agreement with his former employee. Bromberg Rosenthal have represented plaintiffs and defendants in a wide array of such disputes, including those involving real estate, leases, defective building products, breach of contract and warranty, fraud and misrepresentation, interference with contract, partnership and shareholder disputes, and many others some of which are discussed elsewhere on our Website.
Court proceedings are governed by specialized rules of civil procedure and evidence, the application of which may be just as essential to a litigant’s success as the applicable statute, regulation or precedent. In fact, knowledge of the applicable law and of the type of evidence which is necessary to support a position which are essential must be accompanied by a clear understanding as to how to discover that evidence before trial and to obtain its admission at trial. The attorneys of Bromberg Rosenthal LLC appreciate that when evaluating litigation as an option a client is best served at the outset by considering the evidence that is likely to be admitted at trial. With more than sixty years of litigation experience between them, the Bromberg Rosenthal LLC attorneys have the knowledge and the skill to provide you with this assessment and evaluation.
A word on the art of negotiation. At Bromberg Rosenthal LLC, we believe that, in most instances, a lawsuit should be commenced only after the parties have attempted to resolve their differences among themselves. A negotiated settlement in which the parties have determined the interests that are most important to them and most deserving of inclusion in a settlement agreement is usually superior to a resolution imposed upon the parties by a judge or jury who, even in the best presented cases, cannot have as clear an appreciation of the issues as the parties. Furthermore, because it is governed by rules of evidence, procedure and court imposed deadlines, litigation can be a costly endeavor, both financially, in terms of money and time, and emotionally.
However, the commencement of litigation does not mean the end of negotiation. On the contrary, from our experience, Bromberg Rosenthal LLC attorneys know that the onset of litigation not only does not rule out a negotiated settlement, but in some cases, will pave the way to a settlement well short of trial. The nature of the claims which are asserted, the filing of motions, the scheduling of depositions and the request for documents, when thoughtfully considered by Bromberg Rosenthal LLC attorneys, can facilitate a settlement by forcing an adversary to re-think his/her position and thereby put our client in a stronger position than before the litigation commenced. Bromberg Rosenthal LLC attorneys appreciate these dynamics, and use them in their client’s best interests.