The Law Offices Of David S. Rich: A Civil and Commercial Trial Law Firm in Manhattan, NYC
With over two decades’ worth of experience representing clients and businesses in civil and commercial litigation, David S. Rich is a trial lawyer who has dealt with a wide variety of issues and disputes in both state and federal courts in Manhattan, NYC and surrounding areas. Whether you are dealing with a breach of contract claim, civil racketeering action, business tort case, consumer fraud action, product liability lawsuit, whistleblower lawsuit, or any number of other commercial or employment-related disputes which may lead to the need for an expert litigator working on your behalf, an initial consult with trial attorney David S. Rich is the best place to begin. He will help you to make sense of your situation, weigh the pros and cons of different courses of action, determine which strategy will best protect your interests or the interests of your company, and ultimately guide you through each step of the process you choose to pursue.
Given his extensive experience in the courts in and around Manhattan, NYC, David S. Rich has not only become familiar with the prosecutors and judges in the jurisdiction where you case is likely to be held, but has also built a solid reputation of a lawyer who won’t shy away from the prospect of trial, but instead approach it with confidence, an arsenal of knowledge, and an unmatched ability to litigate effectively.
What is the difference between civil litigation and commercial litigation?
Procedurally, there aren’t many differences between commercial and civil litigation, as both involve a court process whereby a dispute between parties will be heard and financial compensation will (usually) be awarded to one side. The primary difference between the two types of litigation has to do with the parties who are involved. Namely, civil litigation involves individuals who are in dispute over a particular matter, and commercial litigation involves two or more businesses in dispute. Commercial litigation generally involves more convoluted and esoteric areas of the law, which can lead to more involved and time-consuming cases that are best handled by the most experienced trial lawyers.
How can a trial lawyer help me or my business with a civil or commercial dispute in Manhattan, NYC?
An experienced trial lawyer can help with several types of civil disputes in Manhattan, such as those involving intellectual property claims whereby one individual argues that another individual has violated their intellectual property rights through the unauthorized use of a trademark. Alternatively, an employer might face a lawsuit brought by an employee who feels their civil rights have been violated, such as by a dismissal perceived to be made on the basis of a protected characteristic (i.e. age, gender reassignment, race, sexual orientation, etc.).
If it is determined after a thorough and detailed assessment of your situation that litigation may be necessary, a trial attorney will begin handling your case by conducting an investigation to obtain further evidence in your favor, ensure that you have all of the information that’s necessary in order to make informed decisions throughout the progression of the case, and advise you on how to appear as a sympathetic and believable defendant at trial. A seasoned attorney who specializes in litigation will also know how to screen jury members and filter out those who may have a bias against you. If you are facing a potential trial in Manhattan, NYC, don’t waste any time in recruiting a trial attorney to fight for you.
In much the same way, protecting a business during commercial litigation is essential, as the stakes will be high and your livelihood could very well be on the line. One of the most common types of disputes leading to commercial litigation has to do with contractual agreements, and while the best practice is to have an attorney draft corporate contracts in a way that prevents disputes, that’s simply not always the case. An attorney will be able to review the contract at the heart of the dispute, determine whether a breach of any of the terms of that contract has actually occurred, and then bolster your argument so that it stands up during trial. Disputes between companies and shareholders or between associates are also common reasons for the need for litigation in Manhattan.
When facing any civil or commercial lawsuit in Manhattan, NYC, it is well-advised to seek the assistance of an experienced attorney from a reputable trial law firm.
What does the appeals process look like in Manhattan, NYC?
An attorney who is ready to take a case to trial should also be ready to appeal it in the event that you don’t get the outcome you were seeking or that you deserve. The appeals process begins when the party who is choosing to appeal (i.e. the appellant) files a notice of appeal. Once that notice has been filed, the appellant will be given a certain amount of time to file a written argument which details the basis of their argument and why they believe the court should order a reversal of the initial decision. Once this written argument has been filed, the other party will have a certain amount of time to respond, after which the appellant will be given a chance to respond. An appeals court might make a ruling based solely on the content within these written statements, but if it does not, then the parties will appear in court to state their cases orally. If this occurs, the strength of your trial attorney’s argument will play a role in the determination of whether or not the case will be appealed.
There are a number of bases on which a good trial lawyer may be able to argue for an appeal, including the following:
- The judge misinterpreted the law
- Procedural errors occurred during the trial
- There was an improper admission of evidence into the trial
- There was an improper exclusion of evidence from the trial
- There is evidence of juror misconduct
Once oral arguments have been made, the appeals court judges will consider the merits of the arguments presented by both sides, and a majority opinion among the judges will be determined. If it is decided that the initial decision (i.e. the decision of the lower court) should be affirmed, or if the majority opinion of the appeals court judges is that the appeal should simply be dismissed, then the appellant will lose the case. However, if it is decided that the basis for the appeal is valid, then one of three things will occur:
- A new trial will be held in the lower court
- The decision of the lower court will be changed
- The lower court will review the facts of the case and/or additional witness testimony and articles of evidence.