Civil & Commercial Litigation Services
Montague Law represents businesses, founders, investors, and executives in civil and commercial disputes across federal and state courts, arbitration proceedings, and regulatory forums. Our litigation practice is grounded in the same transactional and industry expertise that defines the rest of the firm — giving us a distinct advantage in disputes involving complex business transactions, technology agreements, corporate governance, and regulated industries.
Litigation is disruptive and expensive, and we approach every dispute with the objective of achieving the best possible outcome in the most efficient manner. That means early case assessment focused on realistic outcome analysis, aggressive pursuit of favorable settlement when the economics warrant it, and decisive trial preparation when they do not. We bring the commercial judgment of transactional lawyers to a litigation practice, ensuring that legal strategy is always aligned with business objectives.
Contract & Commercial Disputes
Contract disputes are the most common form of commercial litigation, and they arise across every industry and deal type. Montague Law handles breach of contract claims involving technology licensing agreements, SaaS and services contracts, supply and distribution agreements, joint venture and partnership disputes, merger and acquisition earn-out disagreements, and employment-related agreements including non-competes and equity vesting disputes. We represent both plaintiffs and defendants, and our transactional experience allows us to quickly identify the contractual provisions and commercial dynamics that will determine the outcome.
Shareholder & Equity Disputes
Disputes among shareholders, co-founders, and equity holders are among the most consequential and contentious forms of business litigation. We represent parties in disputes involving minority shareholder oppression, breach of fiduciary duty by officers and directors, valuation disagreements in buyout and dissolution proceedings, claims arising from equity dilution or improper share issuance, and disputes over vesting, acceleration, and exercise rights in equity compensation arrangements. We frequently handle these matters in Delaware Chancery Court, which has specialized jurisdiction over corporate governance disputes.
Intellectual Property Disputes
Montague Law handles litigation involving trade secret misappropriation, trademark infringement, unfair competition, and disputes over IP ownership arising from employment, consulting, and co-development relationships. We represent technology companies, manufacturers, and creative businesses in federal court and before the USPTO. Our approach emphasizes early injunctive relief where appropriate and creative settlement structures that preserve business relationships while protecting our clients’ core IP assets.
Real Estate & Construction Litigation
We represent property owners, developers, contractors, and investors in disputes arising from commercial real estate transactions and construction projects. Our work includes breach of purchase agreement claims, title and boundary disputes, construction defect and delay claims, lease disputes, mechanic’s lien enforcement and defense, and zoning and land use appeals. We understand the commercial dynamics of real estate transactions and construction projects, and we litigate these matters with an eye toward preserving business relationships and project timelines where possible.
Regulatory & Administrative Proceedings
Montague Law represents clients in regulatory enforcement proceedings, administrative hearings, and government investigations across a range of industries. We advise on responses to subpoenas, civil investigative demands, and formal investigation orders from federal and state agencies. We also represent clients in licensing proceedings, permit appeals, and other administrative actions where the outcome directly affects the client’s ability to operate its business.
Alternative Dispute Resolution
Many commercial agreements require disputes to be resolved through arbitration or mediation rather than litigation. Montague Law has extensive experience in arbitration proceedings administered by the AAA, JAMS, and ICC, as well as ad hoc arbitration under contractual procedures. We also serve as advocates in mediation proceedings, where our settlement-oriented approach and commercial judgment help clients achieve favorable resolutions without the cost and uncertainty of trial or arbitration hearings.
Pre-Litigation Strategy & Risk Assessment
Not every dispute requires filing a lawsuit. Montague Law advises clients on pre-litigation strategy — including demand letters, negotiated resolutions, structured settlements, and the strategic use of regulatory complaints — to resolve disputes efficiently. We conduct early case assessments that provide clients with realistic evaluations of liability exposure, potential damages, litigation costs, and likely timelines, enabling informed decision-making about whether and how to pursue or defend a claim.
Illustrative Engagement: Founder Equity Dispute in Technology Company
A co-founder of an early-stage technology company engaged Montague Law after being removed from the board and terminated as an officer in circumstances that raised concerns about breach of fiduciary duty and improper equity dilution. Our team obtained expedited discovery in Delaware Chancery Court, uncovered evidence of a below-market financing round designed to dilute the client’s equity position, negotiated a settlement that included a fair-value buyout of the client’s equity stake at a valuation reflecting the company’s pre-dilution value, and secured the release of escrowed intellectual property that the client had contributed to the company. The matter resolved in four months without proceeding to trial.
This illustrative engagement is a hypothetical composite and does not represent any specific client matter. It is provided to demonstrate the types of litigation Montague Law handles.
Frequently Asked Questions
Should I litigate or try to settle?
The answer depends on the specific circumstances — including the strength of your legal position, the amount at stake, the cost and duration of litigation, the impact on business relationships, and the enforceability of any judgment. We conduct early case assessments that give clients the information they need to make this decision. In our experience, most commercial disputes settle before trial, but the best settlements are achieved by parties who are genuinely prepared to try the case.
What is the difference between arbitration and litigation?
Litigation occurs in public courts before judges (and sometimes juries), follows formal procedural rules, and produces decisions that are publicly available and subject to appeal. Arbitration occurs in private forums before arbitrators chosen by the parties, follows streamlined procedures, and produces awards that are generally final and not subject to meaningful appellate review. Arbitration is often faster and more confidential than litigation, but it can be more expensive due to arbitrator fees, and the limited appeal rights mean that errors are difficult to correct.
How long does a commercial lawsuit typically take?
The timeline varies significantly depending on the complexity of the case, the court, and the parties’ litigation strategy. A straightforward contract dispute in state court may resolve in 12-18 months. Complex commercial cases involving extensive discovery, expert testimony, and pre-trial motions can take 2-3 years or longer to reach trial. Arbitration proceedings are generally faster, with many matters resolved in 6-12 months. We work to resolve disputes as efficiently as possible while protecting our clients’ interests.
What should I do if I receive a lawsuit or demand letter?
Contact legal counsel immediately. Response deadlines in litigation are strict — a defendant typically has 20-30 days to respond to a complaint, and failure to respond can result in a default judgment. Even for demand letters, prompt legal review is important to preserve your options, avoid inadvertent admissions, and develop a response strategy. We provide rapid initial assessments for clients facing new disputes.