Overview of Litigation and Dispute Resolution

Disputes can often be resolved through alternative means that avoid the cost, time, and uncertainty of a trial.

Arbitration and Litigation

Arbitration is a private, binding process in which a neutral arbitrator decides the outcome. Litigation involves presenting a case in court for resolution by a judge or jury.

Direct Negotiation

Negotiating directly with the opposing party to reach a mutually acceptable resolution without formal proceedings.

Mediation

Using a neutral third party to facilitate discussions and guide parties toward a voluntary agreement.

The firm addresses complex disputes involving antitrust and trade regulation matters under federal and state law.

Antitrust Litigation

Pursuing or defending claims involving monopolization, price‑fixing, bid‑rigging, and other anticompetitive conduct.

Reverse Payments

Litigation involving “pay‑for‑delay” agreements in the pharmaceutical industry and other industries.

Trade Regulation

Cases involving unfair trade practices, deceptive business conduct, and violations of trade statutes.

Complex litigation on behalf of large groups of individuals or businesses affected by similar misconduct.

Automotive Defects

Litigation involving defective automotive parts, design flaws, or safety hazards.

Consumer Product Defects

Cases arising from dangerous or defective consumer goods.

Collective Actions

Group actions, often in the employment context, where multiple individuals pursue claims together.

Data Breach

Litigation related to unauthorized access to or disclosure of personal data.

Group Litigation

Legal proceedings involving multiple plaintiffs seeking redress for common harms.

TCPA

Claims under the Telephone Consumer Protection Act involving unwanted calls, texts, or faxes.

Wage and Hour Violations

Cases involving unpaid wages, overtime violations, and related labor law infractions.

Workplace Benefit Plan Litigation

ERISA‑related disputes involving mismanagement or denial of workplace benefits.

Representation in disputes involving contracts, intellectual property, business relationships, and financial transactions.

Breach of Contract

Claims involving the failure to fulfill contractual obligations.

Commercial Disparagement

Disputes involving false or misleading statements that damage a business’s reputation.

Copyright / Trademark

Litigation involving infringement of intellectual property rights.

False Advertising

Cases involving deceptive or misleading marketing practices.

Franchisor / Franchisee

Disputes arising out of franchise agreements and operations.

Insurance Coverage and Recovery

Claims involving denial of insurance benefits or disputes over coverage obligations.

Intellectual Property

Litigation involving patents, trade secrets, copyrights, and trademarks.

Partnership Disputes

Conflicts among business partners over management, profits, or dissolution.

Selecting the best approach depends on the nature of the dispute, the desired outcome, and the resources available. Alternative dispute resolution can often resolve matters faster and more cost‑effectively, but litigation may be necessary when settlement efforts fail or when a court judgment is required to protect rights.

Miller Shah LLP is prepared to evaluate and pursue litigation and dispute resolution matters nationwide. The firm works with clients to:

• Assess the strengths and weaknesses of each case
• Identify the most strategic resolution path
• Prepare thoroughly for negotiation, mediation, arbitration, or trial
• Protect legal and business interests throughout the process