The practice of commercial litigation involves essentially the representation of both individuals and business entities in every type of dispute that can arise in the business context. These disputes may involve:
- Breach of contract cases.
- Corporate, partnership, limited liability company and joint venture disputes.
- Business torts.
- Breach of fiduciary duty allegations.
- Shareholder issues.
A key attribute of a commercial litigator is the ability to evaluate the merits of a claim to be brought by their client as well as the claim brought against their client. But the evaluation of the claim must always be done in the context of a “cost/benefit” environment. Litigation can be very expensive, and an experienced litigator can never allow their ego to get in the way of what is economically best for their client. The ability to negotiate fair and reasonable settlements is perhaps the most important skill a litigator must have since having a client throw “good money after bad” in either the prosecution or defense of a questionable cause of action should never occur. Nevertheless, a skilled litigator can never be intimidated and must always be prepared to bring a case to trial.
Litigation can take place in all manner of venues, from state and federal courts to private arbitrations and administrative hearings. Proceedings can involve business-to-business disputes or any number of government agencies. Understanding the motivations and outlook of each of the litigation participants is important for determining weak points to exploit and strong points that will persuade the audience in question. An experienced and skilled litigator must be able to develop and implement a creative legal approach to each individual problem, efficiently focus on the key legal and factual issues, and master and manage the various aspects of these intricate matters.
Commercial litigators must always be mindful of the cost of litigation and Mr. Tarshis brings to his representation of his clients the knowledge and experience gained with some of the largest and most prestigious law firms but at the cost that only a single practitioner can provide.
Mr. Tarshis has litigated all sorts of commercial and business matters in all the State and Federal trial courts of New York and New Jersey and has argued before the New York Court of Appeals and the New Jersey Supreme Court, both states’ highest appellate courts.