Commercial Litigation

Our litigation team approaches the commercial litigation arena with a business prospective and often provides practical solutions to complex business issues. Our goal is to assist our clients with solid problem solving advice, simplifying the decision making process in an increasingly complicated business market. By doing so, we make our clients’ time more efficient and their businesses more effective.

Legal Services

We frequently negotiate and draft settlement/ workout agreements before or during the course of litigation which may include payment plans, personal guarantees, new collateral, monthly reporting of financial information from the client’s customer, or other terms to meet the client’s needs. If requested, our litigation team is ready and prepared to take the case from early the stages of discovery through the completion of a trial. We strive to keep the client informed during all stages of the litigation process. After obtaining a state or federal court money judgment, we can assist with negotiating and drafting a Forbearance Agreement which may include a forbearance arrangement allowing the debtor to make full payment under a specific payment plan, with monthly financial reporting and other financial disclosures to protect the client’s interest. Alternatively, we can assist with the collection of a money judgment. We have experience in locating concealed assets and utilizing, if requested, asset searches and forensic accountants. We can facilitate obtaining other resources for our clients, if requested, such as a title search, judgment search, real estate appraisal, and property inspections.

Commercial Transactions

We frequently advise our business clients with approaches to organization of business, including drafting necessary internal documents (shareholder agreements, by-laws, employment contracts) and developing and drafting commercial forms/documentation (purchase invoices, warranty, rental agreement, real estate and equipment leases). We assist our clients with all aspects of business decision making, from organization of a board of directors, to employee hiring/termination, to collection of receivables, to terminating equipment leases or negotiating a contract. We work closely with our clients in the negotiation and drafting of a wide variety of agreements including, among others:

  • business organization agreements
  • loan documentation on behalf of the lender or borrower
  • agreement of sale involving residential or commercial real estate
  • agreement of sale involving sale of an exist business
  • agreement of sale involving a sale business assets only
  • residential or commercial real estate leases
  • equipment leases
  • employment contracts
  • non-compete agreements
  • confidentiality agreements
  • licensing agreements
  • franchise agreements
  • Architect agreement for design and construction of new building.

Capehart Scatchard’s Commercial Practice assists our public and private sector clients in connection with a wide range of commercial needs including, among others:

  • collection of unpaid loans under promissory notes, guarantee or loan agreement
  • collection of unpaid account receivables
  • collection of unpaid rents under leases
  • mortgage foreclosure action
  • real estate tax sale certificate foreclosure action
  • claims for breach of contract or any other agreements
  • replevin action for recovery of collateral held by secured creditor
  • suits by creditor against debtor for fraudulent conveyance
  • claims for enforcement of non-compete agreements
  • suits under shareholder agreements, partnership agreements, etc.
  • stockholder disputes
  • partnership disputes
  • suits by corporate shareholders/directors against officers/employees of the company involve claims of fraud, defalcation, breach of fiduciary duty, duty of loyalty, etc.
  • suits by minority shareholders
  • franchise litigation
  • real estate litigation, including claims for specific performance
  • real estate title disputes, including quiet title action
  • injunctions
  • declaratory judgments