USE CASE · US COMMERCIAL LITIGATION
Commercial Litigation in the USA
A contractual, licensing or shareholder dispute in the US can quickly affect operational processes, business relationships and assets. For companies from Germany and the DACH region, there are additional differences in terms of courts, procedures, discovery and costs.
Together with our US litigation team, we support you in pursuing or defending against commercial claims. Matthias Schuhmacher and Raphael Tautz coordinate the German-language support; Guy Yonay and Sarah Benowich contribute their experience of US court proceedings and out-of-court dispute resolution.
The case at a glance
Background
A company needs to enforce claims, defend against a lawsuit or resolve a dispute out of court in the US.
Objective
Combining legal position, commercial interests and the appropriate procedural approach within a robust strategy.
Support
German-speaking contacts coordinate documentation and decisions with the US litigation team.
Your situation
Commercial disputes may arise from contracts, licences, shareholdings, investments or unfair competition. At the outset, it is often unclear which court has jurisdiction, what claims exist and whether immediate judicial protection might be required.
At the same time, documents and electronic data must be secured, internal responsibilities clarified and business relationships assessed. These decisions influence negotiations, discovery and the likely course of the proceedings.
Our support
We analyse the facts, contracts and objectives and work with the US team to develop a case-specific strategy. This may involve negotiations, interim relief, legal proceedings before state or federal courts, and the defence against claims.
Discovery, mediation, arbitration and settlement negotiations are coordinated with due regard to costs, the evidence and commercial priorities. In cross-border disputes, we coordinate US proceedings with those in other relevant jurisdictions.
Discuss the US business dispute in confidence
Please explain the dispute and the current status of the proceedings to Matthias Schuhmacher and Raphael Tautz. We will determine which documents are required and involve the appropriate US litigation team.
Enforcing or defending against commercial claims in the USA
The appropriate course of action depends on the contract, the claim, the court and the business objective. The following topics outline the typical components of US commercial litigation.
Contract, licence and shareholder disputes
Assess claims and economic interests jointly.
Disputes often arise from supply, distribution, technology or licence agreements. Royalty settlements, participation rights or obligations between shareholders and investors may also become the subject of dispute.
We are reviewing the contractual basis, communication and potential claims with the US team. As well as the legal position, we are considering which business relationships should be maintained and which solution makes the most commercial sense.
State and Federal Courts
Establish jurisdiction, the subject-matter of the claim and the defence at an early stage.
Disputes in the US may be brought before state or federal courts. Jurisdiction, applicable law, venue and the nature of the claims all influence the strategy and course of proceedings.
We provide support in preparing for or defending against legal proceedings, in submitting applications and in day-to-day coordination with the relevant persons within the company. Deadlines and court requirements are assessed on the basis of the specific proceedings.
Discovery and interim relief
Secure evidence and make targeted preparations for urgent measures.
Discovery may include documents, electronic data, written submissions, witness interviews and expert evidence. Ensuring data is preserved at an early stage and establishing clear internal responsibilities help to manage requests in a controlled manner.
In cases of urgent risk, an injunction – that is, interim relief – may be considered. The requirements and prospects of success depend on the specific claim, the urgency of the matter and the competent court.
Mediation, arbitration and settlement
Coordinate judicial and non-judicial approaches.
Not every commercial dispute needs to be resolved through full legal proceedings. Mediation, arbitration or direct settlement negotiations may be appropriate options, depending on the contract, the stage of the dispute and the objectives.
We prepare for negotiations and alternative dispute resolution on the basis of the evidence and litigation risks. In cross-border disputes, we coordinate parallel proceedings and enforcement matters with the teams involved.
Your points of contact
Matthias Schuhmacher and Raphael Tautz coordinate German-language client support. Guy Yonay and Sarah Benowich handle commercial disputes within the US Litigation Practice.
Partner · STEM Practice Group
Your contact in Munich
Partner · STEM Practice Group
Your contact in Munich
Partner · US Litigation Practice Group
US team in New York
Partner · US Litigation Practice Group
US team in New York
Frequently Asked Questions
Contracts, relevant correspondence, procedural documents and service details should be organised, and any potential sources of information should be secured. The next steps will depend on the nature of the claim and the stage of the proceedings.
Discovery is the stage involving the gathering of case-related information and evidence. It may include documents, electronic data, written questions, witness interviews and expert witnesses.
State courts form part of the judicial system of the respective state, whilst federal courts form part of the federal judicial system. Which court has jurisdiction depends on the claim, the parties and other criteria.
Interim relief may be relevant in cases of urgent, legally significant infringements. The conditions and possible measures must be assessed on a court-by-court and case-by-case basis.
Yes. Settlement negotiations, mediation or contractually agreed arbitration may be suitable options. Whether they are appropriate depends on the contract, the evidence available and the business objectives.
Further information
What is a Trade Secret in the US?
Litigation & Dispute Resolution
Support in the event of disputes and legal proceedings in the USA.
US Business Law
Advice in German on matters relating to US law.
Commercial Litigation
The International Commercial Litigation Practice.
German 
English (United States) 
English (UK)