USE CASE · U.S. COMMERCIAL LITIGATION
Commercial Litigation in the United States
A contract, licensing, or shareholder dispute in the U.S. can quickly affect operational processes, business relationships, and assets. For companies from Germany and the DACH region, there are additional differences in courts, procedures, discovery, and costs.
Together with our U.S. litigation team, we assist you in asserting or defending against commercial claims. Matthias Schuhmacher and Raphael Tautz coordinate the German-language support; Guy Yonay and Sarah Benowich contribute their experience in U.S. court proceedings and out-of-court dispute resolution.
The Case at a Glance
Background
A company must enforce claims, defend against a lawsuit, or resolve a dispute out of court in the United States.
Objective
Combine legal standing, economic interests, and the appropriate legal avenue into a robust strategy.
Support
German-speaking contacts coordinate documentation and decisions with the U.S. litigation team.
Your Situation
Commercial disputes can arise from contracts, licenses, equity interests, investments, or unfair competition. At the outset, it is often unclear which court has jurisdiction, what claims exist, and whether immediate judicial protection may be necessary.
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 potential course of litigation.
Our Support
We analyze the facts, contracts, and objectives and work with the U.S. team to develop a case-specific strategy. This may include negotiations, seeking preliminary injunctions, filing lawsuits in state or federal courts, and defending against claims.
Discovery, mediation, arbitration, and settlement negotiations are coordinated with an eye toward costs, the evidence, and business priorities. In cross-border disputes, we coordinate U.S. proceedings with those in other relevant jurisdictions.
Discuss the U.S. business dispute confidentially
Please describe the dispute and the current status of the proceedings to Matthias Schuhmacher and Raphael Tautz. We will determine which documents are needed and bring in the appropriate U.S. litigation team.
Enforcing or Defending Against Commercial Claims in the U.S.
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 U.S. commercial litigation.
Contract, Licensing, and Shareholder Disputes
Assess claims and economic interests together.
Conflicts often arise from supply, distribution, technology, or licensing agreements. Royalty settlements, equity rights, or obligations between shareholders and investors can also become the subject of disputes.
We are reviewing the contractual basis, communication, and potential claims with the U.S. team. In addition to the legal position, we are considering which business relationships should be maintained and which solution makes the most economic sense.
State and Federal Courts
Establish jurisdiction, the purpose of the lawsuit, and the defense early on.
Disputes in the U.S. may be litigated in state or federal courts. Jurisdiction, applicable law, venue, and the nature of the claims influence strategy and procedure.
We provide support in preparing for or defending against a lawsuit, in filing motions, and in ongoing coordination with the relevant individuals within the company. Deadlines and court requirements are reviewed based on the specific proceedings.
Discovery and Preliminary Injunction
Preserve evidence and make targeted preparations for urgent measures.
Discovery may include documents, electronic data, written statements, witness interviews, and expert testimony. Early data preservation and clear internal responsibilities help ensure that requests are handled in a controlled manner.
In cases involving urgent risks, an injunction—that is, interim relief—may be considered. The requirements and likelihood of success depend on the specific claim, the urgency of the matter, and the court with jurisdiction.
Mediation, Arbitration, and Settlement
Coordinate judicial and extrajudicial approaches.
Not every business dispute has to be resolved through a full-scale court proceeding. Depending on the contract, the stage of the dispute, and the parties’ objectives, mediation, arbitration, or direct settlement negotiations may be appropriate avenues.
We prepare for negotiations and alternative dispute resolution based on the evidence and litigation risks. In cross-border disputes, we coordinate parallel proceedings and enforcement issues with the teams involved.
Your Contacts
Matthias Schuhmacher and Raphael Tautz coordinate German-language client support. Guy Yonay and Sarah Benowich handle commercial disputes as part of the U.S. Litigation Practice.
Partner · STEM Practice Group
Your contact in Munich
Partner · STEM Practice Group
Your contact in Munich
Partner · U.S. Litigation Practice Group
U.S. Team in New York
Partner · U.S. Litigation Practice Group
U.S. Team in New York
Frequently Asked Questions
Contracts, relevant correspondence, case files, and service of process information should be organized, and potential data sources should be secured. The next steps depend on the claim and the status of the proceedings.
Discovery is the phase of gathering information and evidence related to a case. It may include documents, electronic data, written questions, witness interviews, and expert testimony.
State courts are part of the judicial system of the respective state, while federal courts are part of the federal judicial system. Which court has jurisdiction depends on the claim, the parties, and other factors.
Interim relief may be appropriate in cases of urgent, legally significant infringements. The requirements and possible measures must be assessed on a court-by-court and case-by-case basis.
Yes. Settlement negotiations, mediation, or contractually agreed-upon arbitration may be appropriate avenues. Whether they are suitable depends on the contract, the evidence, and the business objectives.
Additional Information
What is a Trade Secret in the US?
Litigation & Dispute Resolution
Assistance with disputes and legal proceedings in the United States.
U.S. Business Law
German-language consultation on U.S. legal matters.
Commercial Litigation
The International Commercial Litigation Practice.
German 
English (United States) 
English (UK)