PRACTICE AREA ·

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When a deal goes wrong in court

When a deal goes wrong in court

Breach of contract, fraud, unfair competition and business torts, in the Commercial Division and federal court.

Breach of contract, fraud, unfair competition and business torts, in the Commercial Division and federal court.

AT A GLANCE

Who it's for

Companies, their owners and the executives who run them

Courts

NY Commercial Division, S.D.N.Y., E.D.N.Y.

Typical length

9 to 18 months from first call to resolution

First step

A free 30-minute call, then a written assessment within 48 hours.

Fees from

$3,500 fixed assessment

Signs it’s time to call

If any of these sound familiar, a 30-minute call now usually costs far less than fixing it later.

01

The other side stopped performing

Payments are late, deliveries come up short, or a partner has quietly walked away from the deal.

02

A demand letter arrived

Its deadline is not a court deadline, but what you say next can be used against you later.

03

You've been served

You usually have 20 or 30 days to respond. Miss it and you can lose by default.

04

Someone took your clients or your code

A former employee, partner or competitor is using what they agreed not to.

05

A deal was sold on false numbers

Overstated revenue, hidden liabilities, or an earn-out that was never going to pay.

06

Talks have gone in circles

You need leverage, or a clear view of the point where you walk away.

How a commercial case runs

How a commercial
case runs

Most cases resolve before trial. I prepare every one as if it won’t, and you get a document at each stage.

01

First call

Thirty minutes, no charge. You tell me what happened and I tell you honestly whether it's worth pursuing.

Note of first call · Week 1

02

Case assessment

Your strongest claims, the defences they'll run, and a realistic range of outcomes, in writing.

· Within 48 hours

03

Pleadings & early motions

The complaint or answer, and any motion that could end the case early or narrow it.

· Months 1–2

04

Discovery

Documents, depositions and experts. It's where most cases are won, and where most budgets go.

· Months 2–9

05

Resolution

Mediation, settlement or trial. I give you my view of every offer, and the number I'd take.

· Months 9–18

What it costs

Fixed prices where the work is predictable, monthly caps where it isn’t. You approve the budget before I start, and it only changes if you say so.

Case assessment

Written, within 48 hours

$3,500 fixed

Pleadings & motions

Complaint or answer, first motions

$18k–26k

Discovery

Monthly, never above the cap

$12k / mo cap

Mediation

Preparation and a full day

$9,500 fixed

Trial

Quoted in writing after discovery

From $60k

Estimated to resolution

Most commercial cases, without trial

$64k–92k

Prices for 2026. Court filing fees and expert costs are billed at cost, and I tell you before they’re incurred.

IN A CLIENT’S WORDS

She told us what the case was worth, not what we wanted to hear. We settled for more than her own estimate, and six months earlier.

Rachel Okafor

CFO, a Brooklyn food distributor · contract dispute

Questions about commercial cases

The ones I hear most on first calls. If yours isn’t here, ask me directly.

How long does a commercial case take?

Do you take cases on contingency?

Can we settle before anything is filed?

What should I have ready for the first call?

Will I have to testify?

What if the other side is in another state?

FREE 30-MINUTE CALL

Tell me what happened.

I read every enquiry myself and reply within one business day, usually sooner. If a court deadline is close, call instead of writing.

Contacting me does not create an attorney–client relationship.

Elena Marlowe

Practice areas

About

Insights

Legal

Social

Contact

Attorney advertising. Prior results do not guarantee a similar outcome. The information on this site is not legal advice, and contacting me does not create an attorney–client relationship.

© 2026 Design and Develop by Olyria.co

Elena Marlowe

Practice areas

About

Insights

Legal

Social

Contact

Attorney advertising. Prior results do not guarantee a similar outcome. The information on this site is not legal advice, and contacting me does not create an attorney–client relationship.

© 2026 Design and Develop by Olyria.co

Elena Marlowe

Practice areas

About

Insights

Legal

Social

Contact

Attorney advertising. Prior results do not guarantee a similar outcome. The information on this site is not legal advice, and contacting me does not create an attorney–client relationship.

© 2026 Design and Develop by Olyria.co

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